Tobermory 2-18 Campus - Update and Next Steps
Argyll and Bute Council · 28 August 2025
Back to Community Services Committee — 28 August 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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1 ARGYLL AND BUTE COUNCIL COMMUNITY SERVICES COMMITTEE EDUCATION AND COMMERCIAL SERVICES 28TH AUGUST 2025 TOBERMORY 2-18 CAMPUS – UPDATE AND NEXT STEPS 1.0 EXECUTIVE SUMMARY 1.1 This report provides an update to the Community Services Committee on recent decisions and developments in relation to the project for a new 2-18 School Campus in Tobermory. In particular, it highlights to Members the lodging of a Petition for Judicial Review in the Court of Session, which has triggered a material change in circumstances following the decision of the Special Council meeting on 7th March 2025 regarding site selection for the new Campus; as well as the subsequent decision of the Community Services Committee, dated 5th June 2025, to commence a statutory consultation exercise on a relocation proposal in terms of the Schools (Consultation) (Scotland) Act 2010. 1.2 The Community Services Committee are invited to: 1.2.1 Consider the information contained within this report; 1.2.2 Agree to endorse officers’ actions not to commence the statutory relocation consultation exercise on 18th August 2025, given that the Judicial Review proceedings are ongoing; 1.2.3 Agree to endorse the decision of the Strategic Board, dated 4th August 2025, to pause all other work on the Project (including design work and development of the Outline Business Case) whilst the Judicial Review proceedings are ongoing; and 1.2.4 Agree that further reports shall be brought to Members as appropriate whilst the ongoing Court proceedings progress.
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2 ARGYLL AND BUTE COUNCIL COMMUNITY SERVICES COMMITTEE EDUCATION AND COMMERCIAL SERVICES 28TH AUGUST 2025 TOBERMORY 2-18 CAMPUS – UPDATE AND NEXT STEPS 2.0 INTRODUCTION 2.1 Following the decision of the Special Council on 7th March 2025, regarding the site selection for a new 2-18 School Campus on the Isle of Mull, a Petition for Judicial Review was lodged in June 2025 in the Court of Session, challenging that decision. 2.2 As a result, and given that those proceedings are ongoing, this report provides an update to Members on the progress of the project thus far, and makes recommendations in terms of next steps, assessed by officers as appropriate in light of the ongoing court proceedings. 3.0 RECOMMENDATIONS 3.1 The Community Services Committee are invited to: 3.1.1 Consider the information contained within this report; 3.1.2 Agree to endorse officers’ actions not to commence the statutory relocation consultation exercise on 18th August 2025, given that the Judicial Review proceedings are ongoing; 3.1.3 Agree to endorse the decision of the Strategic Board, dated 4th August 2025, to pause all other work on the Project (including design work and development of the Outline Business Case) whilst the Judicial Review proceedings are ongoing; and 3.1.4 Agree that further reports shall be brought to Members as appropriate whilst the ongoing Court proceedings progress. 4.0 DETAIL 4.1 On 25th April 2024, the Council considered the terms of a report providing an update on the Council’s Learning Estate Investment Programme (LEIP) to deliver a new Campus on Mull. This report followed previous updates to the
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3 Policy and Resources Committee on 15th February 2024, and the Council meeting of 22nd February 2024. 4.2 After considering the terms of that report, the Council, amongst other things, decided to note the capital and revenue implications of the LEIP/Mull Campus project which were of a strategic financial nature; and considered the project to be affordable at that time, and agreed that up to £5m from the previously earmarked LEIP funding be used to commence the Business Case, undertake engagement exercises, commence the site selection process and establish governance arrangements; with updates being brought back to Members at appropriate gateway points. 4.3 Following this decision, the necessary governance arrangements were put in place by officers, which included the creation of a Mull Campus Officers Strategic Board (to oversee the development of the Business Cases, facilitate the design work, and to decide on operational matters pertaining to the project), and a Political Sounding Board. As per the above-mentioned decision of the Council, this governance framework was established to enable the progression of the project, with updates being brought back to Members for consideration and key decisions at the appropriate gateway points. 4.4 In August 2024, the Project Team commenced a site selection exercise, which considered a range of locations where the new Campus could be situated. This process included an extensive community engagement exercise, technical assessments of the identified sites, considerations regarding transport, and an assessment of all other relevant impacts. 4.5 This exercise culminated in a detailed report being presented to the Special Council meeting on 7th March 2025, which outlined the key information required to enable Members to identify a preferred site for the new Campus, given that site selection was a major project milestone. 4.6 After considering the terms of that report and its supporting appendices, the Council agreed to endorse the site scoring mechanism, criteria and supporting assessments contained therein; and confirmed Site 4 – Tobermory South as the preferred site for a new Mull Campus and agreed to progress the Outline Business Case on that basis. 4.7 Following the above decision of the Special Council meeting on 7th March 2025, the Project Team commenced work in preparing the Outline Business Case, as well as the design work based on the site selection decision. In parallel with that work, officers also noted that a proposal to relocate the Campus to a new site, would trigger the requirements of the Schools (Consultation) (Scotland) Act 2010, under which it is necessary to conduct a public consultation exercise prior to relocating the Campus. 4.8 Accordingly, at their meeting on 5th June 2025, the Community Services Committee considered the terms of a report and draft Proposal Paper to relocate the current Tobermory 2-18 Campus to a new purpose-built Campus on the site that had been previously selected by the Council. After considering that
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4 report, the Committee agreed to adopt the draft Proposal as a “relevant proposal” in terms of the 2010 Act, which would proceed to a statutory public consultation exercise – commencing on 18th August 2025 and ending on 26th September 2025. 4.9 However, the Council thereafter received intimation of a Petition for Judicial Review, lodged in the Court of Session by the Mull Campus Working Group Ltd on 10th June 2025, challenging the Council’s decision of 7th March 2025 to locate the new campus on the Tobermory South site. 4.10 On 16th July 2025, a meeting of the Tobermory Campus Political Sounding Board heard an update from the Executive Director with responsibility for Legal and Regulatory Support, and the Head of Legal and Regulatory Support, in relation to the status of the Petition for Judicial Review. After discussion, members of the Political Sounding Board were of the consensus that the Judicial Review should be defended by the Council, and noted that the Executive Director with Responsibility for Legal and Regulatory Support has the following delegation in terms of the Council’s Constitution: “To arrange for the Council to be represented in relation to any type of judicial and quasi-judicial proceedings before any Court, Tribunal or other body and in that regard to initiate, enter, defend and withdraw from such proceedings.” 4.11 At their meeting on 16th July 2025, the Political Sounding Board also considered an update from the Head of Commercial Services and the Head of Legal and Regulatory Support on the ongoing work of the Project Team – namely, the development of the Outline Business Case, the commencement of the design work, and preparatory work for the statutory consultation. The Board considered the advantages and disadvantages of continuing that ongoing work whilst the Judicial Review proceedings are ongoing, and in particular, the several risks that are associated with doing so. That discussion concluded with a recommendation to the Strategic Board that the project should be paused whilst the Judicial Review proceedings are ongoing. 4.12 Accordingly, a meeting of the Strategic Board was held on 4th August 2025, which considered the above issues and agreed that the proposed pause to the project, in light of the Judicial Review proceedings, be given effect. 4.13 The lodging of the Petition for Judicial Review, and the Court of Session thereafter granting permission for it to proceed, constitutes a material change in circumstances in terms of Standing Order 16. 4.14 Firstly, the 2010 Act consultation exercise in relation to the proposal to relocate the Tobermory Campus was previously agreed to commence on 18th August 2025. In the intervening period, the Petition for Judicial Review was lodged and granted permission by the Court of Session. As these proceedings constitute a legal challenge regarding where the new Campus should be situated, officers did not consider it appropriate in the circumstances to commence the statutory consultation exercise as planned. Therefore, officers have advised Education
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5 Scotland that the consultation will not be commencing on the scheduled date, and a new Proposal Paper will be drafted for the consideration of this Committee in due course, subject to the outcome of the Judicial Review proceedings. Members are invited to endorse this approach by agreeing to Recommendation 3.1.2, above. 4.15 Secondly, whilst the Judicial Review proceedings are ongoing, it will create additional cost and time pressures for this project should formulation of the Outline Business Case and design work continue in the meantime. The fact that the Court could potentially order that the Council undertakes work not in line with the current Project Plan poses a further risk to continuing as planned in the meantime. On this basis, the recommendation of the Political Sounding Board, thereafter implemented on an operational basis by the Strategic Board - that all work on the project should be paused whilst the Judicial Review proceedings are ongoing – is now before Members for endorsement, in line with Recommendation 3.1.3, above. 5.0 CONCLUSION 5.1 This Committee previously agreed to undertake a statutory consultation exercise on the Proposal to relocate the Tobermory 2-18 Campus. However, the commencement of Judicial Review proceedings in the Court of Session in the meantime has triggered a “material change of circumstances” in terms of Section 16 of the Council’s Standing Orders. That power allows the Committee to revisit its earlier decision to commence the statutory consultation exercise; and to pause the overall project in the meantime, whilst the Judicial Review proceedings are ongoing. 6.0 IMPLICATIONS 6.1 Policy – None within this report. 6.2 Financial – Continuing with the project as planned, whilst the Judicial Review proceedings are ongoing, poses financial and resource risks to the Council. 6.3 Legal – This report has been formulated as Judicial Review court proceedings are underway in the Court of Session, and the Committee must consider what actions to take in the meantime with regard to progress of the project. 6.4 HR – None within this report. 6.5 Customer Service - None within this report. 6.6 Risk – There are risks with continuing with the project as planned, as outlined within this report. 6.7 Climate Change – None within this report. 6.8 Fairer Scotland Duty – None within this report. 6.9 Equalities (protected characteristics) – None within this report.
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6 6.10 Consumer Duty – None within this report. 6.11 Island Communities – None within this report. 6.12 Children’s Rights and Wellbeing – Notwithstanding the material change in circumstances as outlined within this report, the paramount consideration of the Council in relation to this matter continues to be the needs of present and future school pupils on the Isle of Mull. DOUGLAS HENDRY Executive Director with responsibility for Education, Legal and Regulatory Support, and Commercial Services COUNCILLOR AUDREY FORREST Policy Lead for Education COUNCILLOR ROSS MORELAND Policy Lead for Finance and Commercial Services 1st August 2025 For further information contact: Graeme McMillan Transformation Programme Manager Graeme.Mcmillan2@argyll-bute.gov.uk