SCOTLAND'S councils are taking legal advice over Scottish Government plans to penalise local authorities who cut teacher numbers.

They have warned that any ministerial intervention on how to spend funding could ultimately lead to authorities cutting pupil support staff, libraries, youth work and "other vital services that support the attainment, health and wellbeing of children and young people.”

They accused SNP ministers of attacking the "democratic mandate" of local councillors. 

Last week it emerged that cash-strapped Glasgow City Council had drawn up plans to remove 800 teaching positions, and reducing the school week in a bid to deal with a £68 million funding black hole. 

READ MORE: Sturgeon confirms plans to block councils from cutting teacher numbers

Edinburgh had said that while it was not actively considering a cut in teachers, “all options” are being looked at, while Midlothian also published proposals to cut 174 teachers.

In their 2021 election manifesto, the SNP promised to increase teacher numbers by at least 3,500 before the end of the parliamentary session.

Funding had been provided to councils to fund this pledge.

However, with local authorities across the country setting their budgets for next year, and facing tough spending choices, some council bosses were reluctant to be directed on how to spend this extra cash. 

READ MORE: Shirley-Anne Somerville clashes with councils over teacher cuts

On Friday morning, Shirley-Anne Somerville told BBC’s Good Morning Scotland that she was "looking at what measures I can take to ensure that we are protecting teacher numbers and hours within our schools." 

She added: “We have a government commitment to tackle the attainment gap and I don't think we can do that if we see reductions in teacher numbers or indeed cuts to the number of hours that children are in school. 

“So I'm still looking at the means that that will be done. 

“And clearly we will keep Cosla informed of the progress on that. But I'm very determined to ensure that we've got a commitment as a government to increase teacher numbers. So I do not want to see anything that goes in the opposite direction to that, quite to the contrary.”

The minister said she appreciated that councils had “difficult decisions” ahead, but, she added, “we had an agreement last year to improve teacher numbers.”

She said: “It's certainly up to each local authority to decide how they would spend their money but if we have an agreement about how that money would be spent, then I would expect that to be fulfilled so I don't think it's surprising that we are now looking to other means in the next year to ensure that we do see teacher numbers and teacher-pupil time protected.

“And I think that is very important when you look at the shared commitment that we have around protecting our children and young people's time within schools and tackling the attainment gap.

"It's not surprising that we would want to see teacher numbers supported within that.”

In a statement issued following a meeting of Scotland’s 32 council leaders on Friday, Cosla expressed their "extreme disappointment."

Katie Hagmann, Cosla's spokesperson on resources, and Tony Buchanan, the spokesperson on children and young people - both SNP councillors - said:  “This is an unnecessary and unwanted attack and intervention on our democratic mandate as elected politicians in our own right.  

"We are seeing potentially unworkable proposals foisted on us without any prior discussion or consultation with local government – proposals we will be seeking legal advice on.

“We believe the teacher census information, which can only ever be a single snapshot in time, does not present the whole picture.

"It does not reflect that the attainment gap is moving in a positive direction or that we have recruited between August- December 620 teachers permanently and a further 400 plus on either a temporary or fixed term basis. 

“We have already written to the Scottish Government with robust evidence of the investment that councils have been making in teaching and pupil support staff.  

"We’ve also highlighted the impact that the proposals will have across other council services, with cuts and job losses having to once again be taken from already hard-pressed everyday essential services like roads, libraries, and waste."

They said the intervention could ultimately lead to councils cutting pupil support staff, libraries, youth work and "other vital services that support the attainment, health and wellbeing of children and young people.”

Meanwhile, Ms Somerville also committed to meeting with members of the EIS – Scotland’s biggest teaching union.

They are currently just past the halfway point of a 16 day rolling strike, with schools in Renfrewshire and Falkirk closed on Friday. 

READ MORE: Scottish school strikes: Schools shut as teachers walk out over pay

Teachers in 10 more local authorities will strike next week, with two days of national strike called on Tuesday 28th February and Wednesday 1 March.

If no agreement is reached, a further 20 days of rolling strike action will take place between 13 March and 21 April 2023.

Ms Somerville said there was “still quite some gap” between what councils and the Government can afford and what teachers are asking for.

Teachers are looking for 10 per cent, but the offer from employers and the government would amount to a 5% hike for most, and 6.85% for the lowest paid. 

“On that basis, it’s exceptionally difficult to move ahead with negotiations when we see a demand coming in for a 10 per cent pay increase,” Ms Somerville said.

“I accept that the offer that was made last – which was 5% for the majority, 6.8% for those on the lowest grade – was rejected, but that would have given teachers over 21% cumulative rise since 2018.

“It was a fair and it was an affordable increase, but we do need to find our way through this.

“It will require compromise, but I’m afraid that what the Government can afford – the financial reality which we are all in is quite stark compared to the union demands of a 10% increase.”

EIS Salaries Convener Des Morris said, “Both the Scottish Government and COSLA should be ashamed that their refusal to offer teachers a fair pay settlement has led to schools being closed. 

“Instead of negotiating positively with unions to reach a fair agreement, the Scottish Government and COSLA have dug in their heels and refused to negotiate meaningfully at all.

“All their repeated talk of ‘positive’ and ‘constructive’ discussions doesn’t reflect reality. 

“They are attempting to pull the wool over the eyes of Scotland’s pupils, parents and teachers – but we will not be easily fooled.

"Support for our strike action is growing across the country, and we are seeing more and more teachers on picket lines as they grow more angered by spin from the Scottish Government and COSLA.”