Independent school closure panel

30th March 2015

New panel takes responsibility for closure decisions.

An new independent panel will make final decisions on school closure proposals from today.

Until now, if Scottish Ministers ‘called in' a local authority proposal to close a school, they would also then make a final decision in relation to the closure.

The School Closure Review Panel now has responsibility for reviewing cases called in by Ministers from today and reaching a final determination - removing the scope for any suggestion of political considerations having influenced a decision. The panel will be able to give consent to a closure, with or without conditions, refer it back to the local authority to consider again, or refuse consent. The grounds on which cases can be called in have not changed and remain very narrow.

The Scottish Government introduced the changes through the Children and Young People (Scotland) Act 2014.

Minister for Learning Alasdair Allan said:"The new panel will play a vital part in scrutinising school closure decisions and I'm confident it will be welcomed by communities affected by these decisions.

"Clearly, local authorities are best placed to consider how to deliver services across their communities and when it is necessary to close a school. The Schools (Consultation) (Scotland) Act 2010 provides substantial protections, particularly for rural schools, to ensure that any decision to close a school is only taken following careful consideration. However, sometimes these decisions require further investigation.

“The new panel strengthens and increases transparency in these far-reaching decisions, and it also removes the potential for any suggestion of decisions being influenced by political considerations. That is a perception that, despite the reality, is hard to refute; from today these decisions, rightly, will be taken away from the political spotlight and at arm’s length from Ministers. This should be a further reassurance to parents, carers, teachers and pupils about how this important issue is dealt with."

For each decision that is called in, the Convener of the School Closure Review Panel will be required to constitute a panel of three members. They are then required to reach a decision in eight weeks.

The Convener Iain Nisbet said:"I am pleased to begin the work of the school closure review panels. This is an important issue for education authorities and local communities alike, and I am looking forward to working with the panel members to deliver a fair, transparent and independent review process. Alongside amendments to the consultation process, updated guidance on participation of children in decisions affecting them and the introduction of a legislative presumption against the closure of rural schools, this represents a new phase in school closures and consultations."

Iain Nisbet was appointed as the first Convener of the School Closure Review Panels in January 2015. Mr Nisbet is the Head of Education Law at Govan Law Centre. He is the Chair of the advisory group on Additional Support for Learning, and a former Non-Executive Director with Education Scotland. He was until recently, a member of the Parent Council of his local school.

The other members of the School Closure Review Panels are:

Dr Charles Bestwick

Russell Ellerby

Professor Donald Gillies

Helen McGhee

Forbes Mitchell

Alex Nicoll

Patricia Quigley

Dr Catriona Waddington

Sally Wainwright

Lesley Ward

Justin Willey

Further protection for rural schools came into effect in August: http://news.scotland.gov.uk/News/Greater-protection-for-rural-schools-f46.aspx