Improving Consultation on Rural School Closures - September 2008
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September 2008 Improving Consultation on Rural School Closures
About the Scottish Consumer Council The SCC assesses the consumer perspective in any
situation by analysing the position of consumers
The Scottish Consumer Council (SCC) was set up against a set of consumer principles.
by government in 1975. Our purpose is to promote
the interests of consumers in Scotland, with These are:
particular regard to those people who experience
ACCESS
disadvantage in society. While producers of
goods and services are usually well-organised and Can consumers actually get the goods or services
articulate when protecting their own interests, they need or want?
individual consumers very often are not. The people
CHOICE
whose interests we represent are consumers of
Can consumers affect the way the goods and
all kinds: they may be patients, tenants, parents,
services are provided through their own choice?
solicitors’ clients, public transport users, or simply
shoppers in a supermarket. INFORMATION
Consumers benefit from efficient and effective Do consumers have the information they need,
services in the public and private sectors. Service- presented in the way they want, to make informed
providers benefit from discriminating consumers. A choices?
balanced partnership between the two is essential
REDRESS
and the SCC seeks to develop this partnership by:
If something goes wrong, can it be put right?
• carrying out research into consumer issues and
concerns; SAFETY
Are standards as high as they can reasonably be?
• informing key policy and decision-makers about
consumer concerns and issues; FAIRNESS
• influencing key policy and decision-making Are consumers subject to arbitrary discrimination
processes; for reasons unconnected with their characteristics
as consumers?
• informing and raising awareness among
consumers. REPRESENTATION
If consumers cannot affect what is provided through
The SCC is part of the National Consumer Council
their own choices, are there other effective means
(NCC) and is sponsored by the Department of
for their views to be represented?
Business, Enterprise and Regulatory Reform. The
SCC’s Chairman and Council members are appointed
by the Secretary of State for Trade and Industry, in
consultation with the First Minister. Martyn Evans,
the SCC’s Director, leads the staff team.
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Published by
The Scottish Consumer Council
September 2008
Written by Linda Nicholson,
The Research Shop with
conclusions by Jennifer
Wallace, SCC
ISBN 978-0-9556496-8-4Chairs Preface The local school plays a critical role in rural communities. It is unsurprising that when faced with possible closure, parents and others want to defend the school and its place within the community. There are clearly cases where it is in the best interests of children to close a school but it is important that all stakeholders are able to voice concerns and have them considered. It has been over twenty years since the legislation and regulations that govern school closures were established. During that time much has changed in terms of what is expected from schools and the education system. Parents, pupils and community members have also changed, with many now expecting and demanding that they play an active part in the decision-making process. It is clear that the current procedures fail to ensure that the voice of parents, pupils and other community members is heard effectively in the decision-making process. Some of the difficulties arise from the legislative framework itself, which give only 28 days for consultation despite a widespread acceptance of 12 weeks as good practice. And the omission of children from the list of statutory consultees indicates that the legislation has failed to keep up to date with other policy developments such as children’s rights. Underneath the problems with the statutory framework are a range of difficulties that arise from a shortage of expertise amongst council staff in carrying out consultations on contentious subjects such as school closure plans. If councils are to improve the consultation experience they must invest in improving the skills and capacity of the staff involved. Our investigation into rural school closure consultations has shown that the decision-making criteria are often unclear. There is a perception that councils prioritise financial arguments over parent and community members’ views on the impact of the school closure on the education of their children and the community as a whole. The Scottish Government should provide a clearer indication of the priority it expects to be given to different factors in a rural school closure decision. We also found that in addition to the time taken to respond to consultations, parents and community groups often ‘put their hands in their pockets’ to fund expert advice and support. We would welcome a duty being placed on councils to provide funding to parents and communities to access support. We are publishing this report during the Scottish Government’s consultation on ‘Safeguarding our Rural Schools and Improving School Consultation Procedures’. We hope that the Scottish Government takes account of our findings and in doing so, develops a framework for rural school closure consultations that will ensure a stronger voice for parents, pupils and community members. Douglas Sinclair Chair
Acknowledgements
The Scottish Consumer Council would like to take this opportunity to thank the following:
• Linda Nicholson, Director of The Research Shop for conducting the research on which this report is
based;
• parents and community members who took part in discussion sessions;
• the Scottish Rural Schools Network for assistance in identifying parent and community members;
and
• council officials who were interviewed as part of the research.
The Housing, Education and Local Government Committee of the Scottish Consumer Council oversaw
this research. The members of the group at that time were: Ann Clark (Chair), Martyn Evans (ex-officio),
Jon Harris, Ashok Khindria, Drew Ratter and Douglas Sinclair (ex-officio).
About Consumer Focus Scotland
Consumer Focus Scotland will start work in October 2008. Consumer Focus Scotland was formed
through the merger of three organisations – the Scottish Consumer Council, energywatch Scotland,
and Postwatch Scotland. Douglas Sinclair is Chair of the Board of Consumer Focus Scotland, and
Martyn Evans has been appointed as its Director.
Consumer Focus Scotland will work to secure a fair deal for consumers in both private markets
and public services, by promoting fairer markets, greater value for money, and improved customer
service. While producers of goods and services are usually well-organised and articulate when
protecting their own interests, individual consumers very often are not. The people whose interests
we represent are consumers of all kinds: they may be patients, tenants, parents, solicitors’ clients,
public transport users, or shoppers in a supermarket.
We have a commitment to work on behalf of vulnerable consumers, particularly in the energy and
post sectors, and a duty to work on issues of sustainable development.
Consumer Focus Scotland
Royal Exchange House • 100 Queen Street • Glasgow • G1 3DN
Telephone 0141 226 5261Contents
1. Introduction and Aims 1
2. Method 2
Part One: Context for School Closure Consultations 5
3. Legislative Framework 5
4. Recent Contextual Developments 7
5. Wider Context of School Closure Consultations 8
Highlighted by Research Evidence
6. Wider Context of Other Public Policy-Making 12
Consultations Highlighted by Research Evidence
Part Two: Evidence from Case Studies 17
7. Was the Consultation ‘Genuine’? 18
8. Communication Issues 24
9. Consultation Criteria 28
10. Handling Consultation Data 33
11. Issues Associated with Informal Consultation 38
12. Political Issues 41
13. Views on the Proposals in the Current 43
Scottish Government Consultation
Part Three: Conclusions 45
14. Discussion and Recommendations 45
References 48
Annex 1 Databases and websites searched for the literature review 50
Annex 2 Letter sent to Directors of Education in the case study areas 51
Annex 3 Council official core interview schedule 53
Annex 4 Case study consultee core group discussion schedule 551. Introduction and Aims
Information on the number of schools closed in Responding to these concerns, the Scottish
Scotland since 1995 shows a high proportion of Government issued a consultation on proposals
rural1 schools amongst these. Between 1995 for changes to the legislation on safeguarding
and 2005, 92 of the 299 primary, secondary and rural schools and school consultation procedures
special schools closed in Scotland were in rural (Scottish Government, 2008). A central proposal
areas, constituting just under one-third of all is to create a ‘presumption against closure’ of
school closures2. Between 1998 and 2006 rural rural schools, by which the Scottish Government
schools in Scotland closed at an average of eight means to create a system whereby all possible
per year, compared with England where, since the alternatives to closures have been explored and
introduction of the presumption against closure all the likely adverse implications have been
in 1998 only three rural schools have closed on identified. School closures would therefore be a
average per year3. last resort.
Key drivers promoting the Scottish local authority The Scottish Consumer Council seeks to encourage
decisions to close rural schools include falling consumer-friendly consultation mechanisms and
school rolls, increasing deterioration of old school wishes to ensure that any future legislation on
buildings, and the need for councils to make school closure decisions promotes effective and
efficient use of resources across their school useful mechanisms for consultation between
estate. There are clearly cases where it is in the local authorities and local communities. To
best interests of children to close a school and this end, they commissioned this research to
many parents recognise this reality. However, provide evidence on the experiences and views
proposals to close a rural school tends to result of relevant local authority officials and local
in much local opposition, with closure generally communities on the effectiveness and quality of
resulting in former pupils transferring to a larger the current consultation regulations and possible
school, located in a less remote settlement. improvements.
Prior to closing a rural school local authorities are The research aimed:
obliged by statute to consult on their proposal. • to identify relevant literature on school closures,
Over recent years, the issue of closure of rural with a particular focus on rural schools;
schools has stimulated much campaigning to
save local schools and also various Parliamentary • to explore current consultation mechanisms
debates. However, in addition to campaigning to used by local councils;
retain their local school, many consultees have • to explore the experience of parents and
highlighted what they perceive to be difficulties community members where a rural school has
with the consultation process itself. Despite been closed or threatened with closure; and
the existence of a framework of legislation and
• to recommend what should be included as
guidance to steer local authorities in discharging
consultation criteria for rural school closures.
their obligation to consult on closure proposals, it
has been argued that such guidance is ambiguous
This report documents the research process
in places and requires reform (e.g. Fraser, 2008).
Improving Consultation on Rural School Closures
(Chapter 2) and findings on key themes to
Indeed, MSPs have repeatedly raised concerns in
emerge from semi-structured group interviews
Parliament about the quality of the consultation
with consultees and in-depth interviews with
associated with school closures (Georghiou, 2006).
relevant council officials (Chapters 3–13). On the
basis of this evidence, the SCC makes a number
1 Rural areas in Scotland are currently classified by the Scottish
Government as settlements of fewer than 3,000 people. of recommendations to the Scottish Government
2 Peter Peacock (2006) Written answer to question S2W-28604 by (Chapter 14).
Lord James Douglas-Hamilton Edinburgh: Scottish Parliament
3 Memoranda submitted to meeting of Environment, Food and
Rural Affairs Committee of the House of Commons, DfES and
Defra, 8 April 2003.
12. Method
There were two main elements to the methodological 2.2 Case Studies
approach, a literature review and an examination
of case studies. Four case studies were identified and examined
in order to explore the issue of consultation over
school closures in more depth. The areas were
2.1 Literature Review selected primarily to provide a range of:
The focus of the literature review was on the • geographical area
consultation mechanisms used by Scottish local • local authority
authorities when consulting on proposed school
• size.
closures, and the issues associated with their use.
As stated previously, over recent years MSPs and
In addition, the case studies needed to be relatively
others have repeatedly raised concerns about the
recent, while ensuring that the consultation process
quality of such consultation. The review sought
had been completed and final decisions had been
to identify the nature and strength of the main
taken. Each area had to be classified as rural under
causes of concern.
the Scottish Government’s classification system,
with two case studies resulting in a closure of the
Previous scoping work in this field suggested
school and the other two schools remaining open
that existing research literature is very limited,
following consultation. All were classified as small
with the bulk of material confined to Government
schools (pupil roll under 100). For the purposes
and Parliamentary documentation associated
of the research and its short timescale, there also
with relevant legislation, and anecdotal evidence
needed to be some indication that documentation
collated by members of organisations such as the
on the consultation process and issues arising may
Scottish Rural Schools Network (SRSN).
still be readily available to the researcher.
Against this background, a three-fold approach to
These criteria served to narrow the options for case
the literature review was adopted:
studies to primary schools in the state sector. The
• personal contact with relevant stakeholders to actual case studies have been anonymised but
seek their help in identifying material for review. displayed the following characteristics (table 1).
These included Government researchers and
academics;
• a search for relevant Government and
Parliamentary literature; and
• a search of conventional relevant databases for
empirical research evidence.
As expected, the first approach served largely to
confirm the absence of previous research in this
field. The second approach established the current
Improving Consultation on Rural School Closures
legislative framework within which consultation on
proposed school closures must operate. The final
approach generated a limited body of material for
review in this paper. The databases and websites
searched for the purposes of this review are listed
in Annex 1.
2Table 1: Case Studies Selected for Inclusion in the Study
Individual school School roll at
Year of outcome of
or group of Status the time of the
the consultation
schools? consultation*
Case Study 1 Individual school Remained open Around 50 2005
Case Study 2 Individual school Closed Under 20 2007
Case Study 3 Individual school Remained open Under 20 2006
Closed Various: from under Between 2004 and
Case Study 4 Group of schools
20 to around 50 2006
*This figure was subject to slight changes over the period of the consultation
Of the four case studies selected, one involved a 2.2.2 Interviews with local authority officials
group of primary schools. Another comprised only
informal consultation, with no formal statutory A letter (see Annex 2) was sent by the Scottish
procedure reached before the final decision. Consumer Council to the Director of Education
in each of the case study council areas inviting
their participation in an interview for the research
2.2.1 Examination of relevant documentation in which their views and reflections on the
consultation mechanisms they were required to
For each case study, relevant documentation follow would be explored. Each of the Directors of
associated with the consultation period was Education responded positively to the invitation,
located via: nominating either themselves or another relevant
• contact with previous consultees official(s) to participate.
• searching the local authority and relevant
campaigning group websites Nominated council officials were offered either
a face-to-face or a telephone interview at a time
• contact with the Scottish Rural Schools convenient to them, and were sent by email an
Network. outline of the key topics which would be raised for
discussion in the interview.
In each case efforts were made to locate the
communication from councils indicating the In total, five council officials across the four
start of the formal consultation period, key case studies were interviewed for the research,
rebuttal statements submitted from community three by telephone and two face-to-face. Two
groups in response to the proposal to close their were Directors of Education, one was Director of
school, records of public meetings held, and the Communications, with the remaining two being
final council report on the consultation and its the Senior Manager and Education Officer within
recommendation to council members. Although a council at the time of their respective case study
most of this information was readily available, consultation.
given the time between the consultation and the
current research and the updating of websites, it A core interview schedule was developed based
was perhaps inevitable that full documentation for on issues arising from the literature review, and
Improving Consultation on Rural School Closures
every area was not always accessible. customised as appropriate to reflect issues to
emerge in the examination of each case study’s
The documentation to hand was examined with documentation. The core schedule is in Annex 3.
a view to identifying procedures and approaches Interviews were conducted based on this schedule,
taken by the local authority in conducting the rural but with flexibility for interviewees to raise their
school closure consultation (whether informal or own issues for discussion as appropriate.
formal), and informing subsequent community and
council official interview schedules.
3The duration of each interview was between 40 In two of the case studies the interviews arranged
minutes and 75 minutes. Each was audio-taped with Directors of Education did not go to plan due
and subsequently transcribed in preparation for to double-booking of the Director’s engagements
analysis. in one area and unexpected unavailability in the
other. In the latter event, another relevant official
was interviewed. In the former, the Director agreed
2.2.3 Group interviews with parents and to a shortened interview in the time available.
other consultees
It is within this context that the analysis of the
Contact details of previous consultees and research findings has taken place.
organisers of the campaigning groups in each
case study area were obtained from the Scottish
Rural Schools Network with the agreement of
the relevant personnel. Contact was made via
telephone and/or email and their assistance
requested in organising small groups of former
consultees who would be willing and available
to discuss their school closure consultation
experience. Each of these contacts agreed to
undertake this organising role or forwarded details
of other people who were happy to take part. Five
meetings were subsequently arranged with former
consultees, one in each of three of the case studies
and two in the fourth.
A core group discussion schedule was developed
for the meetings, with this customised depending
on the specific circumstances of the case study.
This core schedule is in Annex 4. Each group
discussion was audio-taped and conducted in
around one and a half hours. The tapes were
subsequently transcribed in preparation for
analysis.
2.3 Research Issues Relating to the Quality
of the Data Collected
Although every effort was made to establish the
validity and accuracy of the evidence presented by
both council officials and consultees respectively
in the research process, it was perhaps inevitable
that given the length of time to elapse since the
consultations had taken place, and the lack of
a comprehensive audit trail of documents in all
Improving Consultation on Rural School Closures
cases, some reliance has had to be placed on
interviewees’ recollection of events. In addition,
both consultees and council officials made a
number of generalisations and accusations during
interviews which although acknowledged as
legitimate in terms of strongly held views, cannot
be used as evidence within this research report in
the absence of any hard data to support them.
4Part One: Context For School Closure Consultations
3. Legislative Framework
3.1 Legislation and Guidance Despite much contention on the issue of
school closures over the years, this legislative
The legislative framework and guidance on school framework has remained the same. With regard
closures is well documented and set out clearly in to consultation, there have been many calls from
texts such as Georghiou’s (2006) SPICe briefing both members of the public and politicians for
to the Scottish Parliament. Both legislative revisions to the guidance. The concerns raised
requirements and recommendations for good prompted the publication of further guidance by
practice have been established. the Scottish Executive in the form of its Circular
2/2004 to local authorities, ‘Additional Guidance
on Local Authority Proposals for the School Estate,
In brief, the process to be followed by education including School Closures’. Without changing
authorities when considering school closures
previous guidance, this document sets out a
is contained in the Education (Scotland) Act
framework of roles and responsibilities of those
1980 S.22. The Scottish Office Education
who are considering making changes to the school
Department Circulars No. 1074 (1981) and No.
1174 (1988) outline legislative requirements and
estate. On the issue of consultation, the guidance
also recommend good practice. The statutory states:
basis for consultation is further laid out in the
Statutory Instrument 1981 No. 1551 (S.159) The Consultation is key to this whole process. If
Education (Publication and Consultation etc) the process commands respect then, for the
(Scotland) Regulations (amended by 1987 SI No. great majority of people, so will the outcome.
2076; 1988 SI No. 107; and 1989 SI No. 1739). Experience and ‘good practice’ both dictate
that there should be a real emphasis here on
The 1981 Regulations stipulate that an education
both the quality and quantity of consultation.
authority must consult when there is a proposal
The emphasis should be on more consultation,
to close down a school, to change the site of a
more information, more time, rather than less;
school or to provide a new school. They specify
a fuller process rather than the minimum
who should be consulted:
required to comply with the legislation.
• the parent of every pupil attending the school
affected by the proposal; The guidance also outlines clearly the role of
• the parent of every child known to the Scottish Ministers in school closures, emphasising
authority and who would be expected to their lack of power to intervene in education
attend the school, or stage of education to be authority proposals bar specific circumstances:
discontinued, within two years from the date
of the proposal;
• where the school’s roll exceeds 80% of its
• the Parent Councils or Combined Parent capacity;
Councils; and
• where primary pupils would have to attend an
Improving Consultation on Rural School Closures
• the church, or denominational body, in alternative school five or more miles distant
whose interest the school is conducted, if from their present one (10 or more miles in the
appropriate. case of secondary school pupils); or
A minimum of 28 days for consultation with • in certain circumstances, where there is
parents is specified. Any meeting held by the a proposed change to the provision of
education authority to explain the proposals to denominational education in an area.
parents must be held at least 14 days after the
date by which parents were first informed of the
proposal to close the school.
5Continued concerns about the way in which Parliamentary debates, motions lodged by MSPs
some local authorities appeared to have been and public petitions to the Scottish Parliament
interpreting the guidance on school closures, and over recent years have also pointed to concern
in particular the quality and level of consultation over the robustness of the current framework
undertaken, contributed to the development in relation to involvement of communities and
of further guidance on consultative practice in parents in school closure decision-making. For
COSLA’s 2006 School Estates Management Good example, a recurring criticism of the 2006 COSLA
Practice Guide. The appendix of this document Good Practice Guide is that parent or community
focuses on communication and consultation issues representatives appeared not to have been
and is intended to provide guidance for both consulted in its production. Indeed, Richard Baker
informal and formal consultations. (MSP) speaking in Parliament on the matter (Feb
2007 debate) remarks:
In 2007 the Cabinet Secretary for Education and
Lifelong Learning re-issued the 2004 guidance to That would have been an obvious thing for
council education convenors along with a covering COSLA to do in composing guidance – it
letter in which she requests that they reconsider would have to consult the parents who have
the way in which their respective councils are been involved in the issue to try to achieve a
applying the guidance: resolution.
I also have little issue with the actual substance Concerns regarding the interpretation of current
of the current guidance. My concerns focus legislation relating to school closures have been
more on how some Councils are applying it, aired again recently by Murdo Fraser (MSP) in
particularly where a closure proposal is not his consultation document on the Rural Schools
referable to Ministers. (Scotland) Bill. In this document, he states:
She goes on to stress: I believe the current legislative framework
governing school closure decisions is too lax
It is crucial that the guidance is read and acted and requires reform. (p.2)
upon as a whole rather than selectively, and
in the spirit of the whole document. Scottish Executive and Scottish Office
Guidance…is in place to influence how
local authorities meet their legislative
3.1.1 Commentary on the robustness of the requirements. This is ambiguous in places.
legislative framework (p.6)
Regarding the requirements on consultation Likewise, the current Scottish Government
contained in the legislative and guidance framework consultation (see Section 4.2) on safeguarding
described above, a common theme emerging from rural schools and improving school consultation
commentary over recent years is that despite procedures also includes a reflection on the
the intent for helpful and open engagement on current legislative framework governing how
school closures between education authorities and local authorities must handle school closure
statutory consultees, the framework as it stands proposals:
leaves too much room for narrower interpretation
by authorities. The legislation has been amended and added
to over the years, in some cases in response
Improving Consultation on Rural School Closures
For example, COSLA (2006b) emphasised that to very specific events or cases. The result
their School Estates Management Good Practice is a patchwork of rules and regulations, the
Guide is intended as a ‘non-prescriptive’ document oldest of which date back more than 25 years,
for councils, and one which allows them to dip which focus in great detail on some parts of
into for helpful advice, rather than stipulating the process yet ignore others. The whole is
any binding requirements. The current leeway in thought by some to be difficult to understand
interpretation of legislation and guidance afforded and no longer fit for purpose.
by the framework is alluded to in Fiona Hyslop’s (Scottish Government, 2008, p5)
(Cabinet Minister Education and Lifelong Learning)
letter to education convenors (October 2007).
64. Recent Contextual Developments
4.1 Proposal for Presumption against 4.2 Safeguarding our Rural Schools and
Closure in Scotland Improving School Consultation Procedures
The emphasis in debate in Parliament and from Following its pledge to consider how best to take
campaigners has been on strengthening the forward a consideration of these matters, the
existing legislative and guidance framework and Scottish Government launched its consultation
finding ways to encourage more consumer-friendly on proposals for changes to the legislation on
interpretation of the requirements. safeguarding rural schools and school consultation
procedures in May 2008. The stated objective of
Many commentators have seen attractions in the the consultation is to establish a new framework
system operating in England where, since 1998, there for consultation and decision-taking which sets out
has been a legal presumption against the closure of more clearly the roles of both the local authorities
rural schools. Details set out in the Department for and the parents and communities consulted. The
Education and Skills guidance state: proposed new framework is seen as encouraging
and delivering greater consistency of good
In considering statutory proposals to close a practice, and according with the fundamental
rural school, the Decision Maker should have principles and objectives of the new Concordat
regard to the need to preserve access to a between the Scottish Government and COSLA
local school for rural communities. There is and the local authorities, leaving local decisions
therefore a presumption against the closure to local decision-makers with knowledge of the
of rural schools. This does not mean that no immediate circumstances and concerns.
rural school should ever close, but the case for
closure should be strong and the proposals A central proposal is to introduce a presumption
clearly in the best interests of educational against the closure of rural schools so that a closure
provision in the area. decision is taken only as a last resort after all the
alternatives have been explored and the potential
Since the presumption against closure was impact on the community fully considered. Other
introduced in 1998, on average only three rural key proposals are that local authorities should be
schools have closed per year in England, compared required to publish a statement setting out the
with 30 each year on average in the 15 years educational benefit of the school closure proposal;
preceding the presumption (reported in Fraser, and that local authorities should have regard to the
2008). likely overall impact of the school’s closure on the
communities it serves including the subsequent
Various petitions and motions have been lodged use of the school’s building facilities and grounds,
with the Scottish Parliament in favour of introducing and the implications of the new travel-to-school
a similar presumption against closure of rural patterns and arrangements on pupils and other
schools in Scotland (e.g. PE 725; Motion of 14 Jan school users and the environment.
2005; PE 872).
Murdo Fraser (MSP) (2008) has recently consulted
Improving Consultation on Rural School Closures
on a series of measures including the introduction
of a presumption against closure to counteract
what he sees as a local authority’s initial tendency
towards closure, with a view to incorporating the
measures into a Member’s Bill for introduction to
the Scottish Parliament.
75. Wider Context of School Closure Consultations
Highlighted by Research Evidence
Before examining in detail the four case studies Murdo Fraser (MSP) (2008) raises the specific issue
selected for this study, it is useful to set a context of information on school capacity figures contained
for the findings to emerge by distilling some of the in school closure consultation documentation and
issues which have been emerging more generally argues that as the method used for assessing the
from school closure consultations over recent capacity of a school is left to the discretion of the
years. The literature review highlighted a variety relevant local authority it may be:
of concerns, the most common relating to:
tempted to err on the high side in order to
bolster the case for closure or even bring a
• the accuracy of the information provided school under the 80% capacity threshold
by local authorities in consultation where ministerial consent is required for
documentation closure. Additionally, some capacity figures
• the factors on which decisions on school may simply be out-of-date (p.9).
closures are made and the relative weighting
given to these A related issue emerging in various literature and
seen as diminishing the quality of meaningful
• the time permitted for consultation. consultation was the imbalance in access to expert
advice and opinion between education authorities
Each of these is examined in more detail below. and local communities. In evidence to the Scottish
Parliament Education Committee, Kay (2006)
argues that although parents and community
5.1 Concerns over Accuracy of Information in members are not paid to be experts on educational
Consultation Documentation research, taxation policy, council revenue budgets
or the relationships between governmental bodies,
Past communication between communities and time and again they are forced into a steep learning
local authorities on proposals to close rural schools curve in order to distinguish fact from fiction in
abounds with requests for clarification of information what they are being told.
and accusations by community consultees of
inaccuracies in details, particularly around financial Indeed, access by education authorities to expert
and pupil number projections. On occasions, input in preparing their proposals regarding school
consultees raise concerns that they have not been closures has been encouraged. For example, COSLA
presented with all of the relevant details, or figures (2006a) recommends that should in-house resources
are out-of-date. For example, Cathy Peattie (MSP) in be inadequate then the introduction of outside
2000 identified problems with respect to proposals consultants and/or temporary resources should be
to close schools in Argyll and Bute: considered. In addition, evidence of the Accounts
Commission/Audit Scotland input regarding
There is a strong indication at least in some capacity-based analysis and advice features in many
respects that “incorrect material facts” previous school closure consultations.
have been presented including inaccurate
Improving Consultation on Rural School Closures
information regarding the situation of Consultees’ concerns over alleged inaccuracies in
particular schools……the council has information provided in consultations by education
inaccurately or selectively interpreted account authorities, along with an acknowledgement of the
commission documents. lack of expertise of communities in assessing the
validity of consultation documentation and knowing
Likewise, Cathy Jamieson (2007) remarking on their way around the local authority system, has led
East Ayrshire Council’s proposals to close Sorn to calls from some quarters for the instigation of some
School stated that the consultative paper on the form of appeals procedure or schools adjudicator
school closure was flawed, and ‘doesn’t consider process (as in England) (see for example, Sandy
all the options’. Longmuir’s submission to the Education Committee
13 September 2006 in relation to PE872).
85.2 Concerns over the Factors on which Many critics perceived that the alleged mitigating
Decisions on School Closures are based and factors for closure cited by local authorities were
the Relative Weighting given to these often pre-occupied with issues of spare capacity
and calculations associated with the so-called
The literature reviewed revealed much discontent ‘60% rule’ (whereby schools with less than 60%
over the factors which had formed the basis of use of capacity may be considered as possible
a range of local authority proposals for school candidates for closure). The origin and application
closures. Scottish Executive Guidance (2004) of this ‘rule’ appears to be contentious, although
highlighted the relevant factors to take into account according to Kay (2005) the Accounts Commission
in making a decision to close a school as: used this ‘rule’ for several years to identify a
• education of pupils problem of surplus capacity in Scottish schools
and had in its reports been encouraging councils to
• travel distance to school take action to deal with this reported problem.
• expected pupil projected numbers
Other commentators have campaigned for
• community use of schools broadening of the criteria for school closures to
• financial considerations include wider community issues and in doing
• other alternatives so create a better fit with other Government
policies. For example, in her motion lodged with
• unique factors associated with a particular the Scottish Parliament (S2M-1003#) Christine
school. Grahame (South of Scotland) (SNP) pointed
out that the Scottish Borders decision-chart on
However, it was clear from a variety of commentators factors to be considered in school closures did
that such factors were considered too limited and not include the ‘importance of the local school
facilitated an over-concentration on financial to the community’. She suggested that without
factors linked with school capacity issues. Calls this, the proposal for closure did not fit with the
were made for widening these criteria to give Partnership for a Better Scotland policy – the
higher priority to the impact the closure would Scottish Executive commitment to reform public
have on the wider community. services to fit around the needs of individuals and
communities in which they live, neither did it fit with
The notion of ‘proportionate advantage’ was raised the ‘Building our Future Scotland’s School Estate’
by Brian Wilson (1998) (Scottish Office Minister for which placed ‘the child at the centre, meeting the
Education at the time) who stated: needs of the individual’ and ‘the school at the
heart of the community, meeting the needs of the
No school should close on financial grounds communities’. Instead she claimed the proposed
alone. There must also be a credible closures were driven by the requirements of PPP/
educational justification for closure. I am now PFI school building programmes.
inviting education authorities to apply a test
of proportionate advantage to any proposed Likewise, in her motion S2M-1086#, Rhona Brankin
closure of a rural primary school. In other (Midlothian) (Lab) relating to Midlothian primary
words, do the educational and financial gains school closures suggested that local authorities
deriving from a closure stand up to scrutiny should be more informed about the Scottish
and do they outweigh the negative effects – Executive’s policies on the importance of rural
on the rural community and the children and services to sustainable rural communities and the
their families – which that closure will have? need to promote rural businesses.
Improving Consultation on Rural School Closures
(Scottish Office, 1998)
Rosie Kane (Glasgow) (SSP) lodged a motion
Such sentiments were echoed by Cathy Peattie (S2M-2024) in connection with the threatened
(MSP) (2000) following her involvement in rural closure of Holmea Primary School on the south
school closures in Argyll and Bute. One of her side of Glasgow, which criticised the proposal on
recommendations was to base closure criteria on the grounds inter alia that children would have to
proportionate advantage so that account is taken travel further to school and ‘car use will increase
of all positive and negative consequences of the which will fly in the face of the ‘Walk to School’
closure. policy of the Scottish Executive’”.
9Cathy Peattie (MSP) (2000) argued that the Referring to the proposed closures in Argyll and
social and economic consequences for local Bute, Cathy Peattie (2000) argued that even the
communities, including longer-term consequences extended period of 6 weeks permitted by the
should be considered important in school closure council did not give parents, School Boards (now
decisions, with regard being paid to policy on Parent Councils) and staff enough time to put their
lifelong learning. views forward.
In his answer to a parliamentary question on the Reviewing school closure cases in England,
issue of school closure criteria (S1W-22918) Nicol Pennel and West (2007) also identified concerns
Stephen (Feb. 22 2002) described a broad criteria over the timing of consultations, and reported
set of ‘educational, financial and community parent campaigners against the closure of schools
issues and other relevant considerations’. considering that they did not receive information
about the proposed closures in good time.
Common amongst these views from politicians
of different persuasions is a vision of a broader While the overwhelming balance of consultees’
interpretation of the criteria for school closure views in the literature favoured flexibility over
decision-making as set out in regulations and consultation periods, largely to accommodate
guidance, with further cognisance taken at a local their consideration of the complexities in the detail
level of wider Government policies. of the proposal, it is useful to balance these by
reflecting on ways to streamline the consultation
process in order to enable detailed consideration
5.3 Concerns over the Time Permitted for within tight time frames. For example, The
Consultation Consultation Institute (2007) advocate the use of
‘fast-track’ consultation based on e-consultation
The original guidance on consultation time periods technology albeit with ‘careful handling’, and
contained in Circular 1074 (SOED, 1981) laid down a confined to agreed circumstances, where the
minimum of 28 days for consultation with parents, nature of the issue and the stakeholder base
but specified that parents and other parties to make this appropriate. In such circumstances they
be consulted should be given as much advance stress that greater attention must also be given to
warning as possible about proposed changes. publicity and to ensuring that there is a widespread
COSLA (2006a) states that if a council is extending awareness of the exercise, in order to avoid being
its public consultation beyond the statutory period seen as ‘consultation on the cheap’.
this should be made clear, although it does not
encourage councils to make such extensions.
5.4 Other Concerns
Based on the literature examined for this review,
it appears that although councils may be abiding A few other concerns emerged from the literature
by the letter of the regulations in terms of time although details were patchy and usually
periods, disquiet over time limits has been anecdotal.
aroused in various cases largely due to unexpected
complexities of aspects of the proposals (e.g.
challenges to authorities’ financial rationales or 5.4.1 Who should be consulted?
consultee requests for more information) which
according to some commentators, have rendered As outlined previously, the regulations on school
the strict time period inappropriate. closures (1981) specify the statutory consultees
Improving Consultation on Rural School Closures
as:
For example, in the case of proposed closure • the parent of every pupil attending the school
of the five Midlothian primary schools, Robin affected by the proposal;
Harper (Lothians) (Green) lodged a motion (S2M-
• the parent of every child known to the authority
1035) with the Scottish Parliament calling for the
and who would be expected to attend the school,
statutory consultation period of 28 days to be
or stage of education to be discontinued, within
extended ‘to enable local communities to fully
two years from the date of the proposal;
explore and comment on the proposals’.
• the Parent Councils or Combined Parent
Councils; and
10• the church, or denominational body, in An examination of case literature, however, revealed
whose interest the school is conducted, if a common complaint from consultees over the
appropriate. clarity and detail of various aspects of consultation
documentation, usually focusing on population
However, Circular 1074 (SOED, 1981) recommends and financial projections. Indeed, Petition 701
that consultation be wider in certain circumstances, lodged with the Scottish Parliament on 8 January
for example in relation to rural schools there may 2004 called for the Parliament to urge the Scottish
be groups or bodies who have a local interest. Executive to review consultation arrangements
The COSLA guidance (2006a) suggests that on school closures and ensure, amongst other
authorities should draw up a list of potential matters, that detailed costing associated with risk
interested individuals and groups such as local assessments are made available. More recently,
MSPs, MEPs and community councils. This Fiona Hyslop (2007) advised education convenors
emphasis on widening the range of consultees that, ‘although there may not always be agreement
beyond the statutory list was recently supported as to the figures, it is very important for a community
by the Education and Lifelong Learning Minister in to understand clearly the basis for the population
her letter to education convenors (2007) in which projections relevant to consideration of any school
she states: closure proposal’.
I would also wish to stress that pupils,
every bit as much as parents, are also key 5.4.3 Concerns over informal consultation
stakeholders in any potential changes to
school provision. Experience suggests that The COSLA guidance (2006a) suggests that local
their input at an early stage can be very authorities should consider a period of informal
helpful. I would therefore expect you to use consultation before the launch of their formal,
relevant strategies to engage with pupils statutory consultation. This period is seen as
when considering any alterations to the having the advantage of extending ownership of
pattern of educational provision. the decision-making process to a comprehensive
range of stakeholders, while perhaps narrowing
In a similar vein, Children in Scotland (2008), in down the range of options available prior to the
their response to Murdo Fraser’s consultation formal proposal. However, a key drawback of this
document on the Rural Schools (Scotland) Bill informal stage is that communities might perceive
argue for a presumption in favour of meaningful this to lead to a fait accomplis.
consultations about rural schools ‘with children
and young people as well as with their mothers/ Peter Peacock in his letter to the Education
fathers/carers’. Committee (as reported in Scottish Parliament
Education Committee Official Report 26 October
2005) commented on what he saw as insufficient
5.4.2 Concerns over the clarity of the distinction being made between informal
information provided preliminary soundings and the more formal,
statutory consultation. The Consultation Institute
COSLA guidance (2006) suggests that parents are (2007) also alludes to the need to differentiate
written to as soon as possible after an education between the early scoping stage of decision-
committee decision to consult has been taken, and making and the more focused debate of the formal
communication should be jargon-free and contain consultation. They advocate a clear distinction
easily understood language. It goes on to specify being made between what they term ‘general’
Improving Consultation on Rural School Closures
the content of consultation and provides tips for and ‘specific’ consultations with the former
clarity on both informal and formal consultation undertaken early and being wide-ranging in scope,
(e.g. be clear about what you are consulting on; be and the latter taking place once option proposals
clear about what happens next; and so on). have been developed and focusing on those
stakeholders most affected by those proposals.
The Scottish Executive guidance (2004) highlighted
the need for authorities to be confident of the
grounds for their proposals and for them to set
out the case for change, the advantages and
disadvantages, the costs and savings, fully, clearly
and openly.
116. Wider Context of Other Public Policy-Making
Consultations Highlighted by Research Evidence
Another way in which the case study findings the commissioning agency to have responded to
can be usefully be set within a wider perspective their contribution made at the meeting. Chess
is by examining briefly the issues emerging in and Purcell (op cit) concluded that the success of
consultations in other policy spheres across public public meetings could be enhanced by:
sector bodies. Taking stock of such issues informs • holding them in combination with other forms
a judgement on whether the concerns relating of participation;
to school closure consultations are specific to
this topic, or are an artefact of the public sector • providing significant technical assistance to
consultation approach more generally. citizens;
• conducting vigorous out-reach meeting
A useful definition of consultation is provided by activities;
The Consultation Institute (2006):
• discussing topics of social interest; and
Consultation is the dynamic process of • fielding questions adequately.
dialogue between individuals or groups,
based upon a genuine exchange of views, They outlined how their extensive search for
and normally with the objective of influencing evidence had led them to produce a set of ‘public
decisions, policies or programmes of action. participation rules of thumb’ which included the
need for public bodies to be clear about their goals
This definition provides an example of a yardstick for the public participation exercise; the need for
against which quality of consultation over school participation to begin early with investment in
closures can be measured. advance planning to avoid participants feeling that
final decisions have already been made; and being
flexible about modifying the method of participation
6.1 Common Issues to ensure that people not accustomed to speaking
in public are still able to present their views.
An international literature review of civic
participation in public policy-making (Nicholson, Jones (2004) highlighted concerns that the
2005) provides an opportunity to make a number implementation of consultation varies considerably
of comparisons across different policy and across consulting bodies, with Scottish public
jurisdiction domains. service providers clearly accepting the need to
consult but sometimes struggling to implement
A common theme to emerge is the general lack the processes. When consultation is professionally
of critical assessment and systematic evaluation undertaken Jones stresses that a range of tangible
of consultation exercises by public bodies which benefits can result, but cautioned that all too often
curtails the identification of lessons to be learned consultation can lapse into ‘caricature tokenism’
across authorities. with stakeholders duped into wasting time and
talent submitting views which are totally ignored.
Improving Consultation on Rural School Closures
In terms of public meetings, a mainstay of
consultation within the school closure field, With reference to the other common element
Nicholson (op cit) reported the positive message of school closure consultation – the written
that public meetings do tend to influence public consultation paper – the Scottish Civic Forum
policy decisions, a finding backed up by Chess (2003) summed up a number of concerning issues
and Purcell (1999) in their examination of the use which emerged from their series of ‘Participation
of public meetings and workshops. However, Summits’:
participants’ perceptions of such consultations
were largely influenced by the perceived fairness of • certain community groups can feel over-
the process and the way in which they considered consulted;
12• tendency to involve the public too late in the in environmental decisions. They identified an
policy-development process; association between the public’s broad acceptance
• consultee perceptions that the consultation of the final decision and, ‘the processes in
represents a fait accomplish; which agencies are responsive, participants are
motivated, the quality of deliberation is high and
• responses not reflected in the final policy; participants have at least a moderate degree of
• some consultation documents being very control over the process’.
large with a lot of sifting through required by
respondents; Others also found that participants’ perceptions
of their experiences of consultation are greatly
• some consultation documents being full of influenced by aspects of the process. For
jargon; and example, Newman et al (2004) reported citizens
• large-print versions of documents not being being frustrated by what they saw as the lack of
available. transparency in the process, with confusion over
where different responsibilities for decisions lay.
In addition, there was a view that written Another example, cited by DETR (1998) was of
consultation exercises needed to be supported by potential participants put off taking part by their
access to human contact, for example, Government perception that certain groups would dominate
officials attending public meetings to outline the the participation process.
key issues and discuss the consultation exercise
in more detail. Other suggestions were for the use The Consultation Institute (2006), acknowledging
of a website and special telephone line as back-up the lack of any recognised standards covering
sources of information. consultation, has itself adopted a ‘Charter’ as
an interim measure which includes seven best
Nicholson (op cit) highlighted a recurring concern practice principles:
reported by public bodies that had difficulties
engaging with particular groups of people
including those living in rural areas and young • The consultation process must have an
people. A key message to emerge was that honest intention.
engaging such sectors required an adaptation • All those who have a justifiable right to
of traditional methods of participation, not an participate in a consultation should be made
adoption of ready-made approaches. aware of the exercise.
• Consultees must be able to have reasonable
Another broad lesson to emerge from previous
access to the exercise.
literature in different contexts is that citizens
should be involved at an early stage in policy • Stakeholder invitation lists, consultee
decision-making. Thereafter, many commentators responses and consultation results must
emphasised the importance of paying attention to be published (with the express or implied
the process by which consultation is carried out. consent of participants).
Involve, the national advisory group funded by the • Consulters should be under a duty to
Department of Health, suggested that success in disclose information which could materially
participation follows from an understanding of influence the nature and extent of consultees’
the basic rule: responses.
Purpose + Context + Process (including techniques) • Information and viewpoints gathered
Improving Consultation on Rural School Closures
= Outcome through consultation exercises have to be
collated and assessed, and this task must
Involve argues that good consultation adheres be undertaken objectively.
to certain principles such as being voluntary, • Except in certain closed or internal
transparent, honest and clear, adequately consultations, the assumption should be
resourced, accessible and accountable. that publication of the output and outcome
of the consultation process will follow within
The notion that ‘process matters’ was reiterated a reasonable time after the conclusion of
by Beierle and Cayford (2002) in their systematic the exercise.
review of 239 case studies of public participation
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