Councillors have stepped in to restore service at a local nursery after unelected officers had notified parents of its temporary closure without consultation.
On March 20, nursery workers and families at Drummore Early Learning and Childcare (ELC) in Dumfries and Galloway were notified that the centre would temporarily close because only four children were enrolled.
The Rural and Small Schools Parent Councils Alliance branded the move a "catastrophic betrayal" and highlighted the nearest alternative facility is around ten miles away.
On the afternoon of Wednesday March 26 the council's education chief contacted one concerned parent and insisted that the closure would go ahead; however, less than one hour later, local councillors and parents were told that the temporary closure was being “paused.”
A spokesperson for the council said that this was to allow for discussions with local councillors “as to why the decision (to temporarily close) was taken and the rationale supporting it".
Local councillors have said they are still awaiting confirmation from the director of education that the nursery will be open in the coming year.
Following the initial complaints from parents, The Herald contacted the council to ask what process led to the temporary closure, and whether the decision had been made by unelected officers rather than councillors.
A council spokesperson said officers met on 12 March to decide whether Drunmore nursery could “provide an appropriate educational and social experience for the age and stage of the children seeking to attend".
The spokesperson added: “As the numbers were so low, it was agreed that the children’s needs would be better served at an alternative setting.”
Two days later, the headteacher of the attached primary school was notified. The three families with children who attend the nursery were phoned on 20 March, and staff, parent council leadership, local ward councillors, and parents who had sought to enrol at the nursery were emailed on the same day.
Any closure of a school or ELC setting requires a consultation process. Temporary closures, known as “mothballing”, is a legal process councils can implement when enrolment falls to zero or is very low.
According to official guidance to the law governing school closures, mothballing is “only appropriate in very restricted circumstances” and “only appropriate for a temporary period".
The guidance also states that mothballing decisions should be made in consultation with the parents involved and that mothballing “should not be a way of denying parents access to the statutory consultation process .” If a majority of parents oppose the mothballing decision, councils should open a statutory consultation on closure.
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When asked if the temporary closure at Drunmore meant that the nursery had been mothballed, a council spokesperson said: “The nursery is planned to be mothballed but the closure is not permanent. If there was a change in the needs of local families and young people in the Drummore catchment area, we would provide provision accordingly.”
The spokesperson said that the decision was “operational,” which is why it was made by “experienced employees of Dumfries and Galloway Council” rather than discussed and decided by elected officials.
The spokesperson did not explain how the temporary closure that was announced at Drunmore on March 20 differed from the planned mothballing.
Emails seen by The Herald show that council officials agreed to a “pause” to the temporary closure following concerns raised by parents and local councillors about how the decision was made.
Councillor William Scobie said that parents and councillors should have input on any closure, temporary or otherwise.
“This should not be an officer’s decision but one that is taken by elected members after full and proper consultation has taken place on how we maintain what is there for the Scottish Government’s 1140 hour for early learning in remote and rural communities like Drummore, which is the most southern school in the whole of Scotland.”
The Schools (Consultation) (Scotland) Act 2010 outlines the procedures for mothballing and closing education settings.
When presented with the situation and asked if Dumfries and Galloway had correctly followed the guidance on mothballing by allowing council officials to independently declare an educational facility would temporarily close, a spokesperson outlined the Scottish Government's investment in ELC.
In a further comment received following the publication of this article, they added: “The Scottish Government recognises that mothballing of school and nurseries is a matter of great significance to the communities they serve. It is important that councils seek the views of communities when deciding to mothball a school or nursery.”
In its most recent statement, the council confirmed that officers had planned to mothball the nursery:
“The proposed mothballing of the Drummore Early Learning Childcare setting has been paused.
“Affected parents and staff have been informed of the pause.
“We understand that the pause may create uncertainty. Further communication about the position and next steps is being prioritised, and will be shared with affected parents and staff in the coming days.”
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