Comhairle Nan Eilean Siar (Constituted As The Western Islands Council) v The Scottish Ministers [2013] ScotCS CSIH_6 (06 February 2013)

Comhairle Nan Eilean Siar (Constituted As The Western Islands Council) v The Scottish Ministers [2013] ScotCS CSIH_6 (06 February 2013)

Scottish Ministers, upon call-in of a closure proposal under the Schools (Consultation) (Scotland) Act 2010, are obliged to consider both procedural aspects and the substantive merits of the proposal before determining consent; however, the call-in notices issued remain valid even if the Ministers misunderstood the extent of their powers post-call-in.

Citation
[2013] ScotCS CSIH_6
Parties
Petitioners and Respondents: Comhairle Nan Eilean Siar (constituted as the Western Islands Council); Respondents and Reclaimers: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
06 February 2013
Procedural Posture
Judicial Review / Appeal (reclaiming Motion)
Outcome
Grounds of Appeal 2 and 3 allowed in part; Lord Ordinary's interlocutors recalled insofar as they grant declarator and reduce call-in notices; cross-grounds of appeal refused; case put out By Order for further procedure.
Legal Topics
School Closure Procedures, Ministerial Powers, Statutory Interpretation, Consultation Requirements, Judicial Review
Administrative Law Education Law School Closure Procedures Ministerial Powers Statutory Interpretation Consultation Requirements Judicial Review

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Parties

Comhairle Nan Eilean Siar (constituted as the Western Islands Council)

Petitioners and Respondents

The Scottish Ministers

Respondents and Reclaimers

Procedural Posture

Judicial Review / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether Scottish Ministers' powers on call-in of school closure proposals are restricted to procedural checks or extend to assessment of substantive merits
  2. 2 Validity of call-in notices issued under the Schools (Consultation) (Scotland) Act 2010

Ratio Decidendi

Scottish Ministers, upon call-in of a closure proposal under the Schools (Consultation) (Scotland) Act 2010, are obliged to consider both procedural aspects and the substantive merits of the proposal before determining consent; however, the call-in notices issued remain valid even if the Ministers misunderstood the extent of their powers post-call-in.

Court Disposition

Grounds of Appeal 2 and 3 allowed in part; Lord Ordinary's interlocutors recalled insofar as they grant declarator and reduce call-in notices; cross-grounds of appeal refused; case put out By Order for further procedure.

Orders

  • Recall Lord Ordinary's interlocutors of 6 June 2012 insofar as they grant declarator and reduce call-in notices
  • Refuse cross-grounds of appeal 2 (Carloway), 3 (Shelibost), and 4 (Shawbost)