Council fails to provide evidence of mothballing consultation

The Herald Scotland

23-06-2025

However, local parents have told The Herald that the council has not properly consulted them over the plans, despite being required to do so by statutory guidelines. They say that while they understand that 'tough decisions' are sometimes required, the council has not followed a 'lawful process.'
A local MSP previously said that it is 'clear' that the council hasn't adhered to national requirements and argued that mothballing proposals should be withdrawn until the government completes an ongoing review of nationwide regulations.
A spokesperson for the council has claimed that engagement with families has taken place, and formal documents prepared by officials state that an 'initial consultation meeting was held at Fountainhall Primary School, attended by current parent/carers, Headteacher and conducted by Education Officers.' The materials also refer to a Teams meeting on Friday June 13 at 9.30am.
However, the council has subsequently failed to respond to emails asking for proof of the content of these discussions in the form of minutes or other records, and The Herald has been told that such material may not exist.
Scottish Government guidelines, replicated in the council's own policy document, state that a decision on mothballing 'should be taken in consultation with the families involved and the possibility should be raised as soon as possible'. Both documents also note that 'if the majority of families oppose mothballing, it would be appropriate to move to a statutory consultation on closure as soon as possible.'
Under the heading 'Consultation with elected members and community councils', the local authority guidelines state that 'any proposals regarding temporary or permanent changes should not be a surprise to families or the community.'
However, a family affected by the decision received communication from the council after 6pm on Thursday 12 June, less than two weeks before schools close for the summer holidays, in which officials 'inform' the recipients that the status of the school is being reviewed and that this will likely lead to 'a recommendation to temporarily mothball the school due to exceptionally low pupil numbers.'
The email concludes by thanking the parents in question for their 'understanding', followed by the official advising that they would be very happy to discuss and facilitate the transition arrangements for August. No offer is made to discuss the mothballing proposal itself.
This mothballing recommendation is due to be presented to councillors at the full council meeting on 26 June.
In April, The Herald reported that officials had attempted to shutter several nurseries by declaring them as 'inactive' with the Care Inspectorate, a process that they argued was both legally valid and different from either mothballing or permanent closure. However, the Scottish Government subsequently confirmed that this approach 'does not have any meaning' under the law, and that any attempt at a non-permanent closure of an education setting should be regarded as mothballing.
The council then changed approach, holding a vote in which members approved existing mothballing processes, requested a report based on a 'short period of consultation' with families, and delegated authority to the Director of Education to 'implement the decisions' of that report.
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At the time, community leaders and campaigners accused officials of acting 'behind closed doors' to implement changes without the knowledge of councillors and in contravention of national guidance.
A few weeks later, an emergency motion was passed to 'set aside' the 15 April decision and guarantee that five of the affected nurseries would in fact remain open for the coming year.
The council is currently exploring the introduction of nursery-primary composite classes in some settings, but parents have hit out at officials' failure to provide them with 'vital' information about those proposals.
Aberdeenshire Council has also recently been forced to rethink plans to mothball nurseries without consultation after government officials clarified that this is required under national guidelines.
In response to various recent controversies the Scottish Government is now reviewing the national guidelines on mothballing, although it has declined to provide a specific timeline for when this work will be completed.
Local parent Michael Napier, whose child has been attending Fountainhall Primary School told The Herald:
'If this is Scottish Borders Council's (SBC's) definition of engagement, then we no longer have faith in the process. We suggest SBC revises the Schools (Consultation) (Scotland) Act 2010 set out by the Scottish Parliament. SBC's end of year report card for 2025 would read 'Does not pay attention, does not listen, does not follow instructions.' There are lessons to be learnt, SBC must try harder.'
Local MP John Lamont said that constituents are worried about the councils proposals and that proper consultation is 'the very least' that families deserve:
'I have been speaking to many local residents who are alarmed by moves to reduce nursery and childcare provision.
'Since plans to shut various nurseries across the Borders emerged, I have campaigned to stop the council's proposals and reverse the mothballing process.
'The council must listen to parents and respect the views of the local communities impacted by these decisions. At the very least, families deserve to be consulted and have their say on what steps are taken.'
South of Scotland MSP Martin Whitfield also insisted that the council must carry out a clear and detailed consultation process before closing education settings:
'Their child's education is rightly one of the most important and pressing concern for any parent , as it should be for all communities. A council has an obligation to conduct meaningful consultation on specific proposals and to come to decisions that balance the needs of all their local authority demands. Such consultation should be genuine, transparent and evidenced.'
Scottish Borders Council has been approached for comment.