Thank you for your e-mail of 11 March to Jack McConnell MSP, the First Minister, about proposed school closures in Midlothian. I have been asked to reply. Please note that I reply in an official capacity and therefore am not able to address any of the political or party political points raised in your e-mail.

I understand that no formal decision concerning any closures has yet been made and that the consultation process is still underway.

The general position is that the provision of school facilities is the responsibility of individual local authorities. If an authority proposes to change the existing education provision, including closing or amalgamating schools, there is a statutory requirement for them to engage in a formal consultation process at that stage. Under these statutory procedures, which are set out in the Education (Publication and Consultation Etc.) (Scotland) Regulations 1981, the authority would have to consult parents and School Boards of the schools concerned. The authority must allow a minimum 28 day period for representations to be made to them before reaching a decision. I understand that the consultation period in these cases runs until 16 April.

In many cases, the final decision on whether to close or amalgamate a school rests with the education authority, although there are certain circumstances in which an authority cannot implement such a decision without first obtaining the consent of the Scottish Ministers. Briefly, these circumstances are where the school roll exceeds 80% of the school's capacity, or where pupils would have to attend a different primary school 5 or more miles (8.04672 kilometres) distant, or a secondary school 10 or more miles (16.09344 kilometres) distant, from the school proposed for closure. In certain circumstances, a change to the provision of denominational education in an area would also be grounds for seeking the consent of Scottish Ministers. These rules apply equally to all schools in Scotland.

The formal consultation process provides the appropriate forum for airing and considering all the community, educational and financial issues relating to particular proposals. You will appreciate that in these circumstances I cannot comment on the specific points raised in your e-mail. These points, and any others you have concerning the proposal should be directed to Midlothian Council during the consultation period.

Yours sincerely

Mrs Nicola Radley
Scottish Executive Education Department
Schools Division
Area 2A-(N)
Victoria Quay
Edinburgh EH6 6QQ
0131 244 0877
Nicola.Radley@scotland.gsi.gov.uk