Legal Advice R.E Educational Closures - Freedom of information requests
Title or Description
Legal Advice R.E Educational Closures
FOI Number
20250506
Date Received
21/04/2025
Type of Request
FOI
Request or Question
In the last 3 years, has SBC obtained external legal or specialist advice relating to mothballing (temporary closure) of nurseries, early learning and childcare (ELC) settings, or small educational settings? Include advice from: Law firms Educational consultants or specialists Other public bodies (e.g. Scottish Government, Education Scotland)
For each instance, provide: Name of entity supplying advice Date(s) advice was received
Cost to SBC Summary of advice
How it was used in development of April 2025 mothballing proposals
Provide internal communications (emails, memos, meeting notes, etc.) discussing this advice or its implications for Council decisions.
Provide any reports, papers or briefings to elected members in which this advice was cited, referenced or summarised.
If advice was procured via wider consultancy contracts or framework agreements, state procurement route and whether it was standalone or part of broader services. Include total cost if bundled.
Provide timeline of key internal decision-making milestones related to the April 2025 mothballing proposals, showing when advice was received, reviewed, and how it influenced decisions.
Confirm whether SBC conducted any formal legal risk assessment in relation to nursery/ELC mothballing in the last 3 years. If yes, provide a copy or summary.
Requesting response in digital format. Happy to prioritise the request sections if the totality of this request exceeds cost threshold.
Response
No legal advice has been sought.
See attached documents.
The Children and Young Peoples (Scotland) Act 2014 section 8 requires a plan to be prepared every 3 years Section 9 (2)(iv) states that the aims of the plan are best use of available resources. This allows the opening or mothballing of settings as required dependant on demand.
The plan takes into account views from parents who are consulted every 2nd year.
The number of ELC places available in each setting is reviewed at least once per year.
We look at the number of applications and increase or decrease staffing as required for each setting.
