Comment from the Association of Directors of Education in Scotland

The Association of Directors of Education in Scotland is grateful for the opportunity to comment on this petition.

We believe that the relevant sections of the 1980 Education (Scotland) Act (in relation to the closing of schools) already apply to nursery schools: however, the various amendments and qualifications to the basic legislation over the years [1987, 1988, 1989, 2002, 2007] have rendered the regulations governing the matter, in relation to the provision of nursery education generally, unclear and unhelpful.

The statutory and operational context for the provision of nursery education is very distinct from that for primary and secondary education such that to simply ‘extend’ the legislation as proposed would be inappropriate and would lead to further confusion.  Other statutory provision is structured via various statutory processes and procedures that are directly relevant to the closure issue: e.g. delineated zones; capacity; placing requests; parent councils; definition of prospective parents; consultation etc.  These should not be extended.  Many authorities continually review the local delivery of nursery education combining this with childcare services to meet local needs, to maximize access, and to address complex social challenges: this may result in moving the location of the provision from year to year.  Any directive on the closure of nursery provision would therefore have to be specific and fit for purpose, recognizing the different context and basis of nursery education.

A significant element of nursery provision is made through partner providers and it is unclear how an extension of existing legislation would clarify their position and responsibilities in relation to proposed changes in service.

Moreover, there are some examples of providers having failed to meet required standards after support and intervention, with the consequence of their right to provide the service being withdrawn: in such circumstances, consultation on whether to ‘close’ the provision is inappropriate.  Similarly, a private provider (or indeed a voluntary one) may decide to close for business or other reasons.

The submission of the petition has raised significant issues which require considered and practical solutions.  It is unfortunate that authorities are operating in a regulatory context that is less than clear, and that the public interest is not well served as a result.  We believe therefore, that the Scottish Government should take this opportunity –

firstly, to develop guidelines on the reorganization of nursery provision that help all parties to engage in a process that fits local circumstances;

and secondly, to review all the relevant regulation and legislation in this matter. 

John Stodter

ADES General Secretary