Bid to keep kids in class with friends

The parents were told they could not get their children into the popular Roseburn Primary because it will only have one Primary 1 class this year, instead of the expected two.

The children, who live just outside the catchment area, all attend the nursery at Roseburn, and face being separated from their friends.

After failing to win at the appeals committee last week, three sets of parents have joined forces to take their case to the Sheriff Court in a bid to force the council to run two classes.

Parents at the school who are not directly affected have set up a "fighting fund" to cover legal costs, as the battle to help the families get their children into Roseburn is part of a wider campaign to reduce class sizes.

Amy Bonner is taking the case to court after the council refused her son Andrew, five, a place at Roseburn. The 27-year-old medical receptionist said: "I went to the appeals committee last week and they basically just said I live out of catchment so that's that.

"I am number seven on the waiting list because there are some with siblings at the school and they take priority."

The parents' argument is centred on the fact that the school currently has enough teachers to run two P1 classes, and parents made their application several months ago based on this.

However, as the council is able to accommodate all its catchment children and some non-catchment pupils in one class of 30 and a P1/2 composite class, it argues that it is not required to create an extra class.

It is understood one teacher has volunteered to leave the school, meaning there will be no spare teaching staff.

The law states that local authorities have to accept all non-catchment children who apply should schools have enough space in the class, as long as they do not have to employ another teacher to accommodate them.

The Roseburn parents said that the council would not need to employ extra staff, it could just maintain current levels.

Landscaper David Simpson, 34, lives just half a street out of the Roseburn catchment and said he would try anything if it will help to get his daughter Carolina, four, into the school.

He said: "We're just devastated by this. This is my child's education so I have got nothing to lose and everything to gain by taking this to court.

Five-year-old Megan Rae's family is one of the three taking legal action. Her father, Nick Rae, 38, who runs his own catering business, said: "There is a teacher and classroom available and they should be able to allow the non-catchment children to go to the school.

"They are going to have to utilise that space over the next few years anyway so why can't they do it now?

"The council don't want to maintain two P1 classes purely because it will save 40,000."

The families are set to lodge their legal action on Monday. The council said it is unable to comment on any appeals.