Foveran and Tipperty Primary Schools merger decision: letter to Aberdeenshire Council
Letter from Learning Directorate, to Aberdeenshire Council, with decision to merge Foveran and Tipperty Primary Schools.
To: Laurence Findlay, Director for Education and Children’s Services, Aberdeenshire Council
From: Orlando Heijmer-Mason, Deputy Director, Workforce, Infrastructure and Digital Learning Directorate
18 June 2025
Dear Laurence,
Schools (consultation) (Scotland) Act 2010: Aberdeenshire Council - merger of Foveran and Tipperty Primary Schools
I refer to Rachael Goldring’s email of 24 April 2025 notifying the Scottish Ministers of Aberdeenshire Council’s decision of 24 April 2025 to implement the proposal to close Foveran and Tipperty Primary Schools so that they can be merged into one new 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 24 April 2025 and expired on 14 May 2025. Two representations were received within the three-week period. One opposed the proposal and the other supported it.
Having reviewed the documents provided by Aberdeenshire Council under section 15(2) and considered all relevant representations made under section 15(4), Ministers consider that Aberdeenshire Council has fulfilled its obligations under the 2010 Act and do not intend to issue a call-in notice for this proposal.
Aberdeenshire Council may now implement its decision to merge Foveran and Tipperty Primary Schools into a new school in line with the timescales set out in its proposal paper. I note that concerns have been raised about the Council’s forward planning resulting in less time for transition activities, and the need to undertake a lot of preparatory work for transition during the call in period. We would encourage you to ensure that plenty of time is given for any similar processes in the future.
Yours sincerely,
Orlando Heijmer-Mason
Deputy Director, Workforce, Infrastructure and Digital Learning Directorate
