Councils are forced to raise class sizes to 30 after 'failure' by SNP

COUNCILS say they will have to raise primary-one class sizes to 30 this year after the government admitted it was too late to legislate a lower limit.

The Scottish Government earlier this week said it would not be able to introduce a new law limiting primary-one class sizes to 25, a key election pledge.

Now councils say they cannot risk lengthy court battles with parents and will have to accept any children above the 25 limit who request a place.

Parents have already won court cases against councils which tried to enforce a class-size limit of 25 or 18. Judges ruled the only legal limit is 30, forcing councils to ditch lower class size targets.

Previous education minister Fiona Hyslop promised the new statute in September in time for this year's intake to help councils fulfil the government's manifesto pledge to reduce class sizes in the first three years of primary to 18.

Enrolments are now under way but the legislation will not now be introduced until the autumn, after the new school year has started.

Marilyne MacLaren, Edinburgh council's education leader, yesterday said there was no choice but to raise primary-one class sizes to 30.

She said "big steps" had been taken to cut class sizes, but added: "The reality is that if we don't have a back-stop to cap classes at a maximum of 25, it is highly likely that 50 other schools will see numbers go beyond 25.

"If we aren't going to see new regulations then we will have no option but to increase the limit to 30 in line with current legislation.

"This is disappointing but without legal protection from the government, we don't have any other option."

East Renfrewshire has also faced court battles from parents desperate to get their children into high-performing schools.

A spokesman for East Renfrewshire Council said it was implementing the class size maximum of 18 where it could, but in larger schools admitted it had little choice but to adopt the 30 limit.

But he was confident targeting smaller classes at smaller schools would see the council increase its percentage of primary one to threes in under-18 class sizes from 3 per cent to 16 per cent.

Glasgow said it would also face primary-one classes of 30 but promised it would supply extra staff to help run the larger classes.

Education council leaders warned local authorities across the country, with over-subscribed schools, would have to increase primary-one sizes this August. John Stodter, general secretary of the Association of Directors of Education in Scotland said: "There will be pressure in every big area – Aberdeen, Edinburgh and Glasgow."

He said councils would want to avoid further legal battles with parents.

A Scottish Government spokesman said that it still intended to introduce legislation in the autumn and did not believe the setback would have an impact on progress.