Saturday, September 26, 2009

DCC application for dispensation from School Premises Regulations obtained under Freedom of Information

Regarding the West End Schools Project and the council's application to Scottish Ministers for dispensation from the School Premises (General Requirements and Standards) (Scotland) Regulations 1967 and as amended, the West End Parents Committee have obtained documents under Freedom of Information (Scotland) Act 2002 which the local authority have refused to publish, have refused sight of to elected councillors of the council's Education Committee, and which the Education Convener, Cllr Liz Fordyce, has claimed she considers to be a "confidential letter". The council has also refused to make the information available in response to an FOISA request. The council's formal position on this is that they are withholding the documents because:
"...it has been widely reported in the media that parents of children affected by the proposed West End schools merger are considering taking legal action against the Council, presumably by way of Judicial Review in the Court of Session. Accordingly Officers are not at liberty to disclose documents that will form part of the Council's defence to such an action, including the application made to the Scottish Government under the 1967 Regulations, at this time."
We would question what is so confidential in the application that it cannot be made public. The documents we have received under Freedom of Information suggest that the council's application includes: derogation to be granted since the regulations do not define how to interpret them with regard to a shared campus - however it is clear that other Scottish authorities have managed to deliver new shared campuses without recourse to Scottish Ministers for dispensation.

The documents we have obtained also include maps showing Victoria Park and the distance between this public space and the Logie site. We would ask if the council intends to use Victoria Park to provide playing fields in close proximity to the Logie site, as it is clear that there will be none on the site itself. We would also ask:
  1. What is so secret that the Education Convener wrote in an email that she considers it to be a "confidential" letter? It has not been made available to other councillors so we would assume the council would not have given any elected member access to the documents?
  2. What do parents think of the children using Victoria Park for the provision of playing fields for the new schools?
  3. What do the Friends of Balgay Park think about this information?
  4. What does the West End Community Council think about this?
  5. What do local residents on Blackness Road and surrounding areas think about this?
  6. What do teachers think about this, as they will be the ones that have to make time in the PE curriculum to walk with the children and supervise them in a public park which members of the public are entitled to visit and exercise their dogs?
  7. What will the council do to ensure the provision of suitable facilities with running water, changing facilities, first aid, telephones, marked sports pitches, fenced off areas for safe play, protection from dogs, enclosed all-weather pitches?
  8. What does Colin Rennie from Fields in Trust make of this, having previously cautioned the Director of Education against "seeking a waiver to obtain a level of provision less than is required by the regulations"?
  9. What is the view of Sportscotland regarding the loss of the existing St Joseph's playing field when the grounds are sold to the Al-Maktoum Foundation?
Victoria Park is not zoned for this in the Dundee Local Plan and council officers stated during public consultation, when asked, that they could not site the new schools in Victoria Park for this reason. What has changed between March and now?

Saturday, September 19, 2009

Council's "confidential letter" to Scottish Government

The Education Convener, Councillor Liz Fordyce, has declined to divulge what she considers to be a "confidential letter" between Dundee City Council and Scottish Government. The letter she refers to is the Council's application to Scottish Government, dated 4 August 2009, for dispensation from the minimum government regulations regarding the size of site and provision of playing fields, and relates to the Council's £10.3m project to build new schools in the West End of the city, on the site of the former Harris Academy Annexe on Blackness Road.

Councillor Fordyce had previously said in May 2009 that "there is no absolute need...to provide them with a playing field as part of the facilities of the school." She has today advised that she does not feel it is a good thing to "waste people's time or council resources."

It is unfortunate, then, that the Council has spent 6 months of public funds and Council resources repeatedly assuring parents, elected members and church representatives that the proposed site for the new schools was big enough and there would be adequate recreational/outdoor space, and that this had been "confirmed by Scottish Government" (Report 274-2009 to the Education Committee, 11 May 2009), but has now determined that it is no longer certain of this.

Some might consider that to be a waste of people's time and council resources!

Let's hope that the Chief Executive Designate will review this decision to withhold the letter and in the spirit of openness and transparency, offer up the Council's application for dispensation to public scrutiny.