PARENTS involved in running a unique Scottish primary school went to court yesterday to preserve its self-governing status.
They claim that proposals by the Scottish Executive to return St Mary's Episcopal primary school in Dunblane to local government control are unlawful, driven by political dogma, and a breach of their human rights under the European convention.
The convention bans discrimination on the grounds of political opinion and provides that the state must respect the right of parents to have their children educated in accordance with their own religious and philosophical convictions. The executive has no power to carry out actions which are incompatible with the convention.
The parents are also claiming that St Mary's - Scotland's only self-governing state school - is being treated differently from Jordanhill school in Glasgow which is to keep its self-governing status.
The action is being contested by Scottish ministers who say that all that is planned is a change in administrative arrangements which does not deprive any child attending St Mary's of their right to education.
As far as Jordanhill is concerned, they maintain that the schools have different histories, are funded differently and that Jordanhill has never been under local authority management.
The judicial review at the Court of Session has been brought by Giles and Katherine Dove whose children - Anna,10, Christopher, eight, and James, six, attend St Mary's.
They are being supported by other parents who have children at the school. Many of them were in court yesterday to hear legal arguments in the case.
Until 1995, St Mary's, which has 74 primary and 34 nursery children, and four full-time teachers, was under the control of the former Central Regional Council. Following a ballot of parents under the self governing schools act 1989, St Mary's became self-managing.
The duty to fund the school fell on the Scottish secretary and it was run by a board of governors consisting of parents and teachers, co-opted members and the rector of the Episcopal church.
In their petition to the court, the parents produced quotes from Henry McLeish, former first minister, during the debate on the legislation which introduced self-governing schools under a Tory government.
Mr McLeish described the proposals as ''uniquely objectionable'' and ''odious'' and pledged Labour would not relent until ''opting out'' was scrapped.
Earlier this year, Jack McConnell, then education minister, signed an order under the standards in Scotland's schools act which will hand control of St Mary's back to the local authority on January 7, 2002.
The Doves are asking Lord Eassie to rule that the executive has acted outwith its powers in trying to take away St Mary's self-managing status and to set aside the orders which will bring the school back under local authority control.
They are also asking the judge to take into account the fact that the standards in schools bill contained no provision to take Jordanhill school under local authority control.
According to the parents, Scottish ministers have indicated it is in the interests of schools like St Mary's to be run by local authorities, but have not given convincing reasons why Jordanhill should be different.
Mr Dove said yesterday: ''The Scottish Executive's desire to remove our self-managing status is based solely on cold political dogma. No account has been taken of the success achieved by St Mary's since it opted out of local authority control.
''The executive has failed to include Jordanhill school in its recent education act, effectively giving Jordanhill a privileged status compared to St Mary's. This is clearly unjust and a blatant example of double standards.''
Alastair McCulloch, chairman of St Mary's board of management, said: ''The system works for St Mary's and we wish to be allowed to continue to run our own affairs without external interference.''
The hearing continues.
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