Scottish law firm Aberdein Considine has warned that disputes between parents and councils over school placements could become more common following the recent rise in VAT for private schools.
Private school fees have risen substantially since the VAT increase came into effect in January, causing many parents to move their children to Scotland’s state schools.
Nicola Watson, a Family Law Partner at Aberdein Considine, said: “Local authorities must accommodate school placement requests wherever possible – parents have a right to specify where they wish their child to be educated, and councils have a duty to adhere to this request.
“But they do have the ability to refuse a request, if the request is incompatible with the provision of suitable instruction and training or would necessitate unreasonable public expenditure, for example if the school in question is already full. With the exodus we’re now seeing from private schools into state schools, it’s likely refusals will become more common.
“Parents can appeal a refusal to a dedicated committee, and thereafter, to the Sheriff Court if they don’t get the answer they’re looking for. A parent might have a good case if there aren’t sufficient grounds for refusal in the first place, or if the child’s circumstances are exceptional – for example, if they have a skill in a specialist subject and it’s only offered by one school in the area or if they have a specific medical need which can be best addressed by the specific school. A Sheriff can order that child be placed in a specific school even if it is full and the placement would mean that the school must take on another teacher or alter their accommodation or facilities to make space for the pupil.
“Every family’s circumstances will be different, so parents considering making an appeal should seek advice as early as possible – the window to appeal a refusal is just 28 days. But taking a case to the Sheriff Court could be expensive – costs can be awarded to parents if the appeal is successful, but that’s not a guarantee.
“Ultimately, parents are going to do what they believe is best for their children, and if there is a chance of getting a place in their preferred school, many will pursue that as far as they can.”
