Bathgate West Nursery School closure decision: letter to West Lothian Council
Letter from Learning Directorate, to West Lothian Council, with decision to close Bathgate West Nursery School.
To: Elaine Cook, Director of Education, West Lothian Council
From: Orlando Mason, Deputy Director, Workforce, Infrastructure and Digital Learning Directorate
28 April 2025
Dear Elaine,
Schools (consultation) (Scotland) Act 2010: West Lothian Council – Bathgate West Nursery School
I refer to Andrew Cotton’s email of 6 March 2025 notifying Scottish Ministers of West Lothian Council’s decision of 4 March 2025 to implement the proposal to close Bathgate West Nursery School. Ministers have considered this proposal in line with the requirements set out in the Schools (Consultation) (Scotland) Act 2010 (“the 2010 Act”).
Under section 17 of the 2010 Act, Ministers may only issue a call-in notice if it appears to them that the education authority may have failed:
(a) in a significant regard to comply with the requirements imposed on it by (or under) the Act so far as they are relevant in relation to the closure proposal, or
(b) to take proper account of a material consideration relevant to its decision to implement the proposal.
Section 15(2) of the 2010 Act requires an education authority to provide a copy of the proposal paper and the consultation report prepared under the Act to Ministers when notifying them of a closure proposal.
Section 15(4) of the 2010 Act requires Ministers to take into account any relevant representations made to them by any person during the three week period from the date that a closure decision is made. In relation to this closure proposal, the three week period began on 4 March 2025 and expired on 24 March 2025. No representations were received.
Having reviewed the documents provided by West Lothian Council under section 15(2) and considered all relevant representations made under section 15(4), Ministers consider that West Lothian Council has fulfilled its obligations under the 2010 Act and do not intend to issue a call-in notice for this proposal.
West Lothian Council may now implement its decision to close Bathgate West Nursery School in line with the timescales set out in its proposal paper.
I also note that this proposal was one of nine that were consulted upon simultaneously. West Lothian Council may also wish to consider whether this is the best approach to promote a high level of quality engagement with their consultations. In particular, I note concerns expressed during the consultation and in representations about errors and inaccuracies in some of the published documents, which, while not amounting to a significant failure to comply with the 2010 Act, may have inhibited engagement.
Yours sincerely,
Orlando Mason
Deputy Director, Workforce, Infrastructure and Digital Learning Directorate
