Scots private schools to keep charity status after ‘shambles’ of an inquiry

By CHRIS MARSHALL
Published on Thursday 17 November 2011 12:12

FOUR of Scotland’s leading private schools are set to retain their status as charities after a three-year investigation by regulators which was branded a “shambles”.

The Office of the Scottish Charity Regulator (OSCR) is today expected to announce that Hutchesons’ Grammar in Glasgow, Merchiston Castle in Edinburgh, Lomond School in Helensburgh and St Leonards in St Andrews will all continue as charities.

It comes after an investigation was launched in 2008 amid claims the schools did not “provide public benefit”, charged high fees and did not offer enough support to those who could not afford to pay. The schools were urged to make changes or face losing their charitable status, but The Scotsman understands that all four have met the tests which were set by the regulator.

However, there is anger that the institutions were put through the process, with one school source calling the investigation a “shambles”, saying it had been “botched” and “unnecessary”.

The source said: “They [OSCR] botched it three years ago – I don’t think they understood enough about the schools. They had only done one school previously, the High School of Dundee, and it was clear they didn’t know enough about independent schools, which are all very different.

“It was a real waste of time – I really don’t think we are doing anything differently to what we were. It’s done no lasting damage to us, but it has been a waste of time and a smaller school might not have survived the process. I really do feel that it’s been a bit of a shambles, frankly”.

Legislation was introduced by the Scottish Parliament in 2006 to tighten up control of charities following scandals involving cancer charities. The new rules mean charities must show they have a charitable aim, such as providing education, but also that they have a wider public benefit.

In the case of independent schools, where the benefit is only provided to a section of the public, the charity must show it does not operate unduly restrictive practices, such as overly high fees.

At the time of the OSCR ruling in 2008, just two of the 583 pupils at Lomond School in Helensburgh received means-tested assistance, while at St Leonards fewer than 1 per cent of pupils received help.

John Edward, director of the Scottish Council of Independent Schools (SCIS), said he had always been confident the schools would pass the tests set out.

He said: “We would like to see the detail in black and white, but we would be happy and relieved at this decision. We’ve always said we were confident the schools would pass.

“These schools do deliver a public benefit and take their charitable status very seriously. We’ve always said the amount these schools give is disproportionate. Parents make sacrifices to send their children to independent schools, but the schools make big sacrifices themselves”.

OSCR declined to comment.

About one in 20 children in Scotland are educated by independent schools, although the figure in Edinburgh is closer to one in four.

According to SCIS, the average cost of sending a child to a private school in Scotland is £11,700 a year. About £35 million has been given away by schools across Scotland this year in bursaries, according to SCIS.

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68

ELDee

Friday, November 18, 2011 at 07:45 AM

#60, Larry, dead right, the standards have dropped in comparison with other countries, and as you say it is government interference. For some reason successive governments appear to have tinkered with the education for political reasons, as opposed to what the nation actually needs as an economy. Education should be aiming for the highest of standards not some mediochre level just to keep everyone happy. This outlook is disaterous because a future Scotland, imndependent or devo max, has to rely on these young people leaving education and if their education has been dumbed down and an equality of out put; then there may be a uniform thinking, stifling drive, innovation, discipline with an outcome of a middle of the road bumbling fumbling economy, which will do no one any good. Parents should be given the option of sending their kids to private school if they want to maintain this difference at least.

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67

​tartanarse

Friday, November 18, 2011 at 01:02 AM

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66

Blackberry Tart

Thursday, November 17, 2011 at 11:25 PM

#55 Kobi, read my comment in full, a "defacto" beneficiary fgs. The fact they also receive gift aid (at anything between 20%-50%) on the income from fee investment along with some creative accounting for trusts is utterly ludicrous. It appears that social mobility is not in your vocabulary, so I doubt you could explain what the percentage of bursaries are given out each term? And how that percentage relates to the breadth of income scales within the country? If you think it is proportionate then perhaps you should think again. While I'm sure you'll claim it's fair for them to claim charitable status "because the law says they can", perhaps a moral strand within you will disagree.

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65

Tartancult

Thursday, November 17, 2011 at 09:39 PM

#63 If fee paying schools are so good why are they are a rarity in Europe where the kids leave school with better qualifications and bilingual?......The educational system in Europe is far superior to that of Britain - and Scotland specifically.

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64

Tartancult

Thursday, November 17, 2011 at 09:37 PM

#27 I went to an 'ordinary' school".....It shows. If you are indeed a product of 'an ordinary' school then we decidely need private schools.

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63

Alex.

Thursday, November 17, 2011 at 09:09 PM

If fee paying schools are so good why are they are a rarity in Europe where the kids leave school with better qualifications and bilingual?

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62

Phil C

Thursday, November 17, 2011 at 08:20 PM

#60 Larry.... All schools teach the social subjects, which is just as well seeing as the environment, multiculturalism, sex education, health education etc are the most important things facing us. I don't agree that teachers are in the main "snug, demotivated, unionised, overpaid and pampered". They're just selfish, ignorant and unionised with ridiculous puffed-up pampered pensions! Germany and Holland have not just had 14 years of Labour to screw up their economies, education, health care, transport, society,.....!!

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61

It's All Clear If You Look At It Right

Thursday, November 17, 2011 at 07:03 PM

There are no schools in Scotland. If there were, I would have been sent to one, WHICH I WAS NOT.

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60

Leisure_suit_Larry

Thursday, November 17, 2011 at 06:15 PM

The worsening standards in public schools means the future is rosy for private schools . Would you send your kids to be taught "diversity and multiculturalism" or "global warming" or how about "sex education" on a regular basis , or how about the current focus on soft subjects and away from testing in maths,physics and languages - all taught by snug demotivated, unionised, overpaid,pampered teachers. The state interference is so insidious and omnipresent it is the main reason why our school standards have dropped from 8th in the world to 20th, since devolution ( source : OECD). I did an engineering degree with some kids from our public schools, their standard of mathematics was appalling considering they had Higher maths. The lecturer mention quite matter-of-fact that "Scottish schooled kids don't do as well in maths as the foreign exchange students".. Says it all really, our education system is failing our children, no wonder 40% of the kids under 24 are unemployed - 4 times Germany and Holland.

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59

WOTTPI

Thursday, November 17, 2011 at 02:15 PM

John @51. Sound argument other than the fact that Oxfam aims to support the most needy in our world while the independent schools in Scotland provide for circa 31000 pupils, many of who will not only have the benefit of a good education but also have the advantage of having access to wealth and a whole range of contacts, services and leisure activities other people may only be able to dream off. The problem is that, as many people's view of charty is about helping those less fortunate than ourselves, they do not believe that the independent sector is really doing that much for underprivileged kids. Maybe you can help us out by saying how many of the 31000 independent pupils receive scholarships or bursaries and how many are on 100% and come from an underpriviledged background. After all even if an award is given to reduce the fees by 20% that still means a cost of £9360 per annum per child based on the reported £11,700 per annum. Most will agree is a considerable sum of money and financial commitment( especially when spread over, even four to six years of secondary let alone P1 to S6) and outwith the reach of most families. Then added to that are all the other expenses I mentioned in an earlier post. The reality is that the independent sector exists for people who can afford it (or those who can't but make the choice to struggle on for their children's sake) and while there is nothing wrong with that, there is no denying that the charitable status issue just sticks in some people's throats.

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58

Kobi

Thursday, November 17, 2011 at 01:37 PM

#46 "The independent schools are quite simply commercial businesses and as such cannot be charitable any more than IBM." Just like Oxfam, Save the Children etc etc are quite simply commercial businesses and as such cannot be charitable any more than independent schools.

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57

Kobi

Thursday, November 17, 2011 at 01:35 PM

#56 ERRATUM That was aimed at #43, not #42

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56

Kobi

Thursday, November 17, 2011 at 01:34 PM

#42 "Abolish charity status for these schools and use the tax money raised to provide good education for all." A stupid idea based on a false premise. if you abolished these schools there would be less money available for the state to spend on the rest of the kids, as the existence of the independent education sector gives a net contribution to the state. Mind you, you serve a useful purpose in demonstrating exactly why state schools need improving.

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55

Kobi

Thursday, November 17, 2011 at 01:31 PM

#36 "so these institutions are therefore defacto beneficiaries of the taxpayer" No they are not. the taxpayer is in fact the beneficiaries of the independent schools............ "in receipt of subsidies" Meeting the legal test of achieving charitable status so you pay a little less tax is not a subsidy. People like you clearly think that all your income belongs to the state and what you get to keep is your subsidy.............."using a tenuous peice of legislation to claim that they are doing charitable work is wrong, a lie or at best dishonest" Well your moron mates in the Scottish Parliament envy brigade tried to pass legislation to stop them doing this but failed dismally. They comply with the law. Why do people like you think that the state should not pay attention to the law and just grab whatever it feels like in tax?.........."Could anyone please explain what they do that is charitable?" Educate children, including a substantial number form disadvantaged homes.

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54

Incandescent

Thursday, November 17, 2011 at 01:25 PM

to *be* among

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