Legal Advice Obtained in Relation to ELC Staff Concerns - Freedom of information requests
Title or Description
Legal Advice Obtained in Relation to ELC Staff Concerns
FOI Number
20250703
Date Received
02/06/2025
Type of Request
FOI
Request or Question
Since 1 January 2022, has Scottish Borders Council obtained legal advice in relation to objections, resistance, or concerns raised by education staff (including school leaders or ELC personnel) about: a. Merging or compositing nursery and primary education provision (e.g. merging of ELC and primary 1/2/3 school classes, or merging primary schools so that they have a shared leadership model);
b. The impact of such changes on staff contractual obligations, duty of care, or compliance with regulatory frameworks?
Please provide: a. Which firms were engaged, and why.
b. The total legal costs incurred (whether internal or external counsel) in relation to the above matters.
c. The dates the advice was sought.
d. The general subject matter of the legal advice (e.g., staff grievance procedures, Care Inspectorate compliance, employment law).
e. The names of any nurseries or settings referenced, including but not limited to Stow Primary, Sprouston Primary, Fountainhall Primary, Broughton Primary, Westruther Primary, Walkerburn Primary or any primary school in the area of Tweedale.
I am not requesting the content of legal advice itself, only confirmation of its existence, date, cost, and broad subject matter/theme, as permitted under FOISA.
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.
