MacLaren Demands Action on Primary Class Size Law

6.06.53pm BST (GMT +0100) Tue 16th Jun 2009

City of Edinburgh Education Leader, Liberal Democrat Councillor Marilyne MacLaren has called on the SNP Government to legislate to close a legal loophole which is prevents the City Council from enforcing a limit on class sizes.

The loophole, recently highlighted during a parental appeal in East Lothian means that, in some cases, classes will have more than 25 pupils. This loophole has already resulted in an increase in classes sizes for the 2009 P1 intake at Sciennes Primary School.

The law guarantees children a place at a school within their catchment area but if parents wish, they can apply for a place in a different area. For years the Council had rejected these 'non district' applications when the class reaches 25. However, the appeal case in East Lothian demonstrated that Council policy and Government guidelines alone are not enough to uphold a decision to reject a place.

Meadows Morningside Liberal Democrat Councillor Marilyne MacLaren, says that the Government needs to legislate to tackle the problem. She said: "Without clear support from the Scottish Parliament it will become much more difficult for local authorities to keep class sizes down in line with Government guidance. The door is wide open for legal challenges and this will inevitably lead to classes growing in size. The situation as it stands can lead to inconstancy and unfairness for both the parents and the school - none of us want that.

"I have written to the Education Secretary to ask her to urgently review the matter and to bring forward new legislation that will clarify and enforce the Scottish Government's policy. We want to keep class sizes down but without legislation it will become increasingly difficult."

So far, after 29 appeals, 10 have been upheld meaning two P1 classes in the city have increased from 25 to 30. Where appeals have been rejected classes will remain at 25.