Row over SNP move to limit class size to 25

Published on Saturday 12 September 2009 19:47

THE Scottish Government is considering plans to prevent parents from taking legal action to send their children to primary schools outside their catchment areas.

The move is being discussed following a landmark court case that enabled a mother to send her daughter to the school of her choice, despite the fact that her local authority had previously blocked the move on the grounds that the class was already full.

She won her case against West Lothian Council because the only maximum primary class size underpinned by the law is 30 – a number far in excess of the SNP's target to cut class sizes to 18 for pupils in primaries one, two and three. The maximum of 30 is based on regulations passed in 1999.

The West Lothian case opened the door for a host of other legal challenges from parents, who took the view that they could get their child into a primary school outside their catchment area as long as the maximum class size did not exceed 30.

Edinburgh City Council has lost a number of legal challenges from parents refused entry to the school of their choice,

while the court case has forced East Renfrewshire and East Dunbartonshire to ignore class-size targets set out by politicians and allow up to 30 children in primary one.

Scotland on Sunday can reveal that the government is looking at reducing the legal maximum from 30 to 25 in an attempt to reduce the number of court cases – a move that has led to claims that ministers have abandoned their pledge to a maximum total of 18.

The proposal was mooted at a recent meeting of a Cosla education subgroup held in private at the council umbrella group's headquarters in Edinburgh. The meeting was attended by Scottish Government officials and councillors.

A Scottish Government spokesman confirmed that a reduction to 25 was being considered. He said: "There have been all these legal challenges to councils where they've turned down a placement because they've been trying to reduce their class sizes.

"The legal position was 30 and that is being looked at – no question."

Opposition politicians claimed that the fact that the government was looking at a legal reduction to 25 rather than the SNP's manifesto pledge of 18 proved its class- size promise was in tatters.

"Alex Salmond did not mention in his programme for government last week that his major education pledge was just about to be ripped up and thrown away," said Iain Gray, the Scottish Labour leader.

Elizabeth Smith, the Scottish Conservative education spokeswoman, said: "I think this puts the government in a very weak position."