SOUTH Lanarkshire Council have increased maximum class sizes for primary one to 30 – less than nine months after forcing parents to take legal action against them.
The move is a direct response to parents challenging their previous position of maximum class sizes of 25.
It has also been revealed that the council are powerless to apply their committment of class sizes of under 18 in primaries one to three in the schools with the highest instances of free meals if an influx of placing requests are made.
Scottish Government regulations state that no class size should be above 30, and with no timescale set on lowering it to 25, the council have taken action.
The decision was made at an education committee earlier this week.
But it is bound to have frustrated the 19 sets of parents, which included cases relating to St Bride’s in Cambuslang and Burnside in Rutherglen, who took the council in front of the Sheriff Court last year to win the right to send their kids to the school of their choice.
Despite having no legal backup for the case, the council continued to fight their position so they could register the children as ‘expected places’, not effecting their class sizes.
Councillors were told that the change would “allow flexibility in applying the current policy.”
While they will continue to strive for class sizes of 25, if a number of placing requests are made it would prevent the need for court action.
A spokesperson said: “Following the situation last session, the council received assurances that the government would bring forward regulations to set a legal limit of 25 for primary one classes from August 2010. This has not happened, although the Education Secretary has now confirmed that he will publish a consultation paper on class sizes on March, 19 2010.
“Given the continued absence of a legislative basis for a primary one class size maximum of 25 the council has taken steps to maintain its class size policy of 25 for the majority of pupils while taking account of the legal position that allows parents to make placement requests.
“Where this happens we will take account of the relevant legislation and adjust the class size up to a maximum of 30 pupils.”
Paul Fraser was one of the parents who fought South Lanarkshire last year, eventually winning the right to send his daughter Rebecca to St Bride’s.
He welcomed the decision: “I think common sense has prevailed, from the point of view of a parent who was unnecessarily dragged through the courts only for the council to not pursue the case, wasting valuable public resources.
“It’s the best decision the education department have made for many years, although it has taken them too long to realise it.
“I’m delighted for any parent who is currently waiting on an answer about their child’s placing request.
“Maybe now they can sleep a little easier with the thought they will not have to go through what we had to go through.”
However, the move has not been welcomed by everyone. The Education Institute of Scotland, the largest teaching union in the country, accused the council and Scottish Government of using pupils like “political footballs” and criticised the timing of the decision.
Terri Connolly, Vice President of South Lanarkshire Local Association of the EIS, and the Primary Teacher Representative on South Lanarkshire Council Education Committee said: “South Lanarkshire appear take one step forward but in reality take two steps back,” adding: “With one hand the council add another eight schools to the existing 12 primary schools that will have primary one to primary three classes of 18 while with the other remove the 25 pupil cap in primary one.
“We should remember that South Lanarkshire have had a de facto primary one cap of 25 since 2007 during which time of course there has been no legislative arrangement to fall back on.
“Why decide now to use the excuse of the lack of legislative back up to increase class sizes in South Lanarkshire? This is particularly puzzling given that the Government have signalled that such legislative back up will be in place by next year.”
The council spokesperson meanwhile, confirmed that a pupil could not be refused access to one of the schools set aside for early class sizes of 18 if a placing request was made.
However, the council say they remain committed to applying the guideline to St Anthony’s and St Mark’s. The rule is already in effect at Burgh, Cathkin, Loch and Spittal Primaries.
