PETITION OF PERTH AND KINROSS COUNCIL FOR JUDICIAL REVIEW AGAINST THE SCOTTISH MINISTERS [2020] ScotCS CSOH_41 (07 May 2020)

PETITION OF PERTH AND KINROSS COUNCIL FOR JUDICIAL REVIEW AGAINST THE SCOTTISH MINISTERS [2020] ScotCS CSOH_41 (07 May 2020)

The statutory scheme does not require Scottish Ministers to seek further information or share representations with the education authority before issuing a call-in notice. The Ministers' decision is procedural, not substantive, and the threshold for call-in is low. The reasons given in the call-in notice were adequate and addressed the statutory criteria. The Council's complaints of procedural unfairness and inadequate reasons are rejected.

Citation
[2020] ScotCS CSOH_41
Parties
Petitioner: Perth and Kinross Council; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
07 May 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition dismissed
Legal Topics
School Closure, Statutory Consultation, Procedural Fairness, Rural School Protection
Administrative Law Education Law School Closure Statutory Consultation Procedural Fairness Rural School Protection

Case Brief

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Parties

Perth and Kinross Council

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Scottish Ministers' call-in notice under the Schools (Consultation) (Scotland) Act 2010 was procedurally unfair
  2. 2 Whether reasons given for call-in were adequate
  3. 3 Whether Perth and Kinross Council failed in a significant regard to comply with statutory requirements regarding financial information, previous actions to address pupil rolls, and community impact

Ratio Decidendi

The statutory scheme does not require Scottish Ministers to seek further information or share representations with the education authority before issuing a call-in notice. The Ministers' decision is procedural, not substantive, and the threshold for call-in is low. The reasons given in the call-in notice were adequate and addressed the statutory criteria. The Council's complaints of procedural unfairness and inadequate reasons are rejected.

Court Disposition

petition dismissed

Orders

  • Petition refused
  • Call-in notice by Scottish Ministers upheld