The Educational Institute for Scotland, Re Judicial Review [2014] ScotCS CSIH_13 (29 January 2014)

The Educational Institute for Scotland, Re Judicial Review [2014] ScotCS CSIH_13 (29 January 2014)

The legislative scheme, as amended by the 2003 and 2005 regulations, does not require that the head of a nursery school be a registered teacher. Regulation 3 of the 2005 Regulations requires adequate numbers of teachers but does not specify that the head must be a teacher or prescribe numbers. Sections 6 and 8 of the 2000 Act, properly construed in light of the regulatory changes, refer to the person in charge and do not impose a requirement for a registered teacher as head. The Council's policy was therefore not unlawful under the statutory scheme.

Citation
[2014] ScotCS CSIH_13
Parties
Petitioner and Reclaimer: The Educational Institute of Scotland; Respondent: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
29 January 2014
Procedural Posture
Judicial Review / Appeal (reclaiming Motion) From Dismissal at First Instance
Outcome
Reclaiming motion refused; petition dismissed; interlocutor of the Lord Ordinary adhered to.
Legal Topics
Statutory Interpretation, Delegation of Authority, School Staffing Requirements, Legitimate Expectation, Judicial Review Procedure
Administrative Law Education Law Employment Law Public Law Statutory Interpretation Delegation of Authority School Staffing Requirements Legitimate Expectation +1 more

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Parties

The Educational Institute of Scotland

Petitioner and Reclaimer

Glasgow City Council

Respondent

Procedural Posture

Judicial Review / Appeal (reclaiming Motion) From Dismissal at First Instance

Legal Issues

  1. 1 Whether Glasgow City Council's policy allowing non-teachers to be appointed as heads of nursery schools is unlawful under the relevant statutory scheme
  2. 2 Whether regulation 3 of The Requirements for Teachers (Scotland) Regulations 2005 requires a registered teacher as head of a nursery school
  3. 3 Whether sections 6 and 8 of the Standards in Scotland's Schools etc Act 2000 require a head teacher (and if so, a registered teacher) for nursery schools

Ratio Decidendi

The legislative scheme, as amended by the 2003 and 2005 regulations, does not require that the head of a nursery school be a registered teacher. Regulation 3 of the 2005 Regulations requires adequate numbers of teachers but does not specify that the head must be a teacher or prescribe numbers. Sections 6 and 8 of the 2000 Act, properly construed in light of the regulatory changes, refer to the person in charge and do not impose a requirement for a registered teacher as head. The Council's policy was therefore not unlawful under the statutory scheme.

Court Disposition

Reclaiming motion refused; petition dismissed; interlocutor of the Lord Ordinary adhered to.

Orders

  • No reduction of the Council's decision
  • No interdict granted