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Item 08 - Appendix 2 - Consultation Response Report

West Dunbartonshire Council · 8 March 2023
Back to Educational Services Committee — 8 March 2023 and its agenda

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West Dunbartonshire Council
Education, Learning and Attainment Services
REPORT ON THE OUTCOME OF THE CONSULTATION
RELATING TO THE PROPOSAL 
To establish a new school providing education for young people with additional support
needs in the former Riverside Early Learning Childcare Centre (ELCC) premises from
August 2024.
Published 15 February 2023
This report has been published by West Dunbartonshire Council in response to the
statutory consultation undertaken under the terms of the Schools (Consultation)
(Scotland) Act 2010.  The report will be published on the Council’s website for a
period of no less than 3 weeks prior to final consideration by the Educational
Services Committee on 8 March 2023.  
Appendix 2

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C O N T E N T S 
Section Title Page
Number/s 
1 Introduction 3 
2 Background 3-4   
3 The Consultation Process 4-5 
4 Public Consultation Meetings  5 
5 Responses to Consultation Exercise 5-6 
6 Summary of issues raised by stakeholders and
Education Authority response 
6-9 
7 Education Scotland Report and Education Authority
Response 
9-10 
8 Alleged Omissions or Inaccuracies 10 
10 Compliance with Section 9(1) of the Schools
(Consultation) (Scotland) Act 2010 
10-11
11 Legal Issues / Next Steps 11

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1. INTRODUCTION 
1.1 This is a consultation response report prepared in compliance with the
Schools (Consultation) (Scotland) Act 2010 following consultation on the West
Dunbartonshire Council (The Council) proposal to establish a new school
providing education for young people with additional support needs in the
former Riverside ELCC premises from August 2024. 
1.2 The purpose of the response report is to: 
• Provide a record of the total number of responses made during the
Statutory Consultation period;
• Provide  summary of the written responses;
• Provide details of oral representations made at the public meetings held
on 25 October 2022;
• Provide a statement of the Council’s response to those written and oral
representations;
• Provide the full text of Education Scotland’s report and a statement of the
Council’s response to this report;
• State how the Council reviewed the above proposal following the
representations received during the Statutory Consultation period and the
report from Education Scotland;
• Provide details of any omission from, or inaccuracy in, the Proposal Paper
and state how the Council acted on it; and
• State how the Council has complied with Sections 11A to 13 of the
Schools (Consultation) (Scotland) Act 2010 when reviewing the above
proposals. 
2. BACKGROUND 
2.1 On 16 March 2022, Council approved the expansion of the school learning
estate to meet projected needs of the Additional Support Needs (ASN) sector.
Whilst there has been expansion within the Primary ASN provision it has been
recognised that it is now necessary to expand the secondary provision as this
cohort moves through primary to secondary. As part of this expansion the
Council is proposing to redevelop the former Riverside ELCC into a new
school for young people with additional support needs. 
2.2 The main reasons for the choice of this site were: 
• the site is already within the Council’s ownership; 
• the suitable size, ground conditions, topography and the availability of
utility services on the site; 
• the site is located next to St. Martin’s Primary School and Vale of Leven
Secondary School, which will provide opportunities for community building,
collaborative planning and learning. 
2.3 On 28 September 2022 the Educational Services Committee agreed to
commence formal consultation on the proposal for the new ASN School, and

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that a report outlining the results of the consultation and making appropriate
recommendations be presented to the meeting of the Educational Services
Committee in March 2023. 
2.4 As the proposal, if enacted, involved the opening of a new school, the
consultation process was carried out in accordance with the Schools
(Consultation) (Scotland) Act 2010 as amended, as outlined in the Act and the
accompanying Statutory Guidance. 
3.  THE CONSULTATION PROCESS 
3.1 The statutory consultation process, which requires the Council to adopt a
robust and transparent framework for consultations on school closures and
other major changes to the schools estate, was undertaken in respect of the
proposal. The consultation document developed for consideration included
information on the: 
• Proposal;
• Consultation process;
• Arrangements for public meetings;
• On how to participate in the consultation;
• Educational benefits of the proposal;
• Site map of the proposed new build location; and
• Consultation timeline 
3.2 An electronic link to the Proposal Paper was issued by email to the
stakeholders detailed within that document.  The Proposal Paper and details
of the consultation were made available on the consultation section of the
Council’s website: Riverside ASN School Consultation 
3.3 The Act requires a consultation period of at least 6 weeks which must include
at least 30 school days.  The consultation period ran from Monday 3 October
2022 to midnight on Friday 11 November 2022.  (A total of 33 days when the
schools were open for pupils and reflecting the 5 days where schools were
closed due to October week). 
3.4 The requirements for consulting on a relevant proposal relating to schools are
set out in the Schools (Consultation) (Scotland) Act 2010 and the following
steps were taken to ensure compliance with the Act: 
• Proposal Paper published on Monday 3 October 2022.
• Statutory consultees were sent an email providing a link to the Proposal
Paper and details of where, and how to obtain a paper copy free of
charge and how to participate in the consultation.
• Schools distributed details of the consultation to staff and
parents/carers.
• Proposal Paper published on the West Dunbartonshire Council website
and available in paper copy upon request, and information on the
consultation published on social media.

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• Public notice in the ‘Dumbarton Reporter’ and ‘Clydebank Post’
newspapers advising of the consultation.
• Public consultation meetings were held on 25 October 2022 to facilitate
involvement, discussion and sharing of information. 
• Education Scotland’s involvement consisted of: Proposal Paper being
sent to them, attendance at public consultation meetings, follow up
consultation meetings with Head Teachers, Pupils, Parent Council
representatives, and Church representatives.  Education Scotland were
also provided with copies of online survey results/comments, written
representations and minutes of the public meetings held which
contained oral representations. 
3.5 In accordance with statutory requirements and good practise, the following
relevant stakeholders were consulted: 
• Education Scotland;
• Archdiocese of Glasgow of the Roman Catholic Church;
• Parent Councils of St Martin’s Primary School and Vale of Leven
Academy due to their adjacency to the proposed new school;
• Parents/carers of any children expected by West Dunbartonshire
Council to attend the new schools within two years of the date of
publication of this Proposal Document;
• Teaching and support staff at St Martin’s Primary School;
• Trade union representatives of the above staff;
• User groups or individuals who currently utilise the facilities at St
Martin’s Primary School;
• Neighbouring local authorities;
• The constituency MSP and constituency MP. 
4. PUBLIC CONSULTATION MEETINGS 
4.1 An online public consultation meeting was held on 25 October (2.00 p.m. –
4.00 p.m.) with no members of the public or interested parties attending.  A
public meeting was held in St. Martin’s Primary School (7.00 p.m. – 9.00
p.m.) with 12 members of the public, 3 staff members and an HM Inspector
attending the meeting. 
4.2 A full note of the meetings is contained within Appendix 1 and the meeting
note also details the questions/comments raised at the meetings and the
responses. 
5. RESPONSES TO THE CONSULTATION EXERCISE 
5.1 Members of the public were encouraged to respond to the consultation
through the online survey, by phone or in writing. 
5.2 A total of 7 respondents responded through the online survey as detailed
overleaf.

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Resident/Non Resident Number of
respondents
Resident within west Dunbartonshire 6
Non resident 1
TOTAL 7 
5.3 A breakdown of category of interest from respondents is detailed below. 
Interest Number of
respondents
Parent/carer of child with additional
support needs
3
Parent/carer of child with no additional
support needs
0
Work at St. Martin’s Primary School 0
Trade Union  0
Other 4
TOTAL 7  
Note – other includes (childcare worker (1) / member of public (1) / other local
authority (1) / education support staff (1)) 
5.4 A summary of the completed online responses to the question “Are you in
favour of the proposal to redevelop the former Riverside Early Learning and
Childcare Centre (ELCC) to form a new school, supporting ASN needs, on
St. Martin’s Campus”? Is detailed below. The majority of the respondents
were in favour of the proposal. 
RESPONSE No. %
Yes 6 85.71%
No 1 14.29%
TOTAL 7 100% 
6. SUMMARY OF ISSUES RAISED BY STAKEHOLDERS AND EDUCATION
AUTHORITY RESPONSE 
6.1 From the 7 online response forms, 6 respondents completed the comment
box which provided the opportunity for individuals to comment on the
proposal. The comment and response from Education Services is detailed
below. 
Comment 1: 
“West Dunbartonshire Council’s proposal to develop an ASN school seems to
be a positive response to the increasing numbers of children and young
people with additional support needs who require a higher level of specialist
support. It is not unique that current specialist provisions across the country
are experiencing increased pressures on available capacity therefore this
would seem to be a positive move for the Council to meet the needs of their

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children and young people. There is always the potential of placing requests
from other local authority areas who border with West Dunbartonshire
however this should not be a barrier for West Dunbartonshire, who are
seeking solutions to meet the needs of their children and young people who
present with complex additional support needs and who require a higher level
of specialist support.” 
Response: On 16 March 2022, Council approved the expansion of the school
learning estate to meet projected needs of the ASN sector. This is a positive
comment which recognises our response to projected needs in West
Dunbartonshire. If the proposal is approved this will provide provision for 36
young people with additional support needs due to transition to secondary
school. 
Comment 2: 
“Although I'm not completely opposed to this proposal, as someone who
works in early years I believe our youngest children with ASN need more
support. A nursery that is purpose built and has appropriate facilities to
support our youngest children with ASN is urgently needed and I believe this
should be prioritised. I understand inclusion and equality but how can we
possibly get it right for every child and help raise attainment when there are so
many children requiring additional support in one setting; a setting which does
not have the correct facilities, which is actually currently having to be adapted
and does not have enough support staff. How are we getting it right for
EVERY child and meeting their needs? How can we possibly give children
with ASN the additional support they require? Early years is being completely
forgotten about, when children with severe needs go to school they will go to
a school where there are less children and more support staff. So why is this
not the same in nursery? What ever happened to early intervention? Is it not
about time someone fought for accessible nurseries to be built which are
supplied with the required equipment and trained staff? And people wonder
why there is such a large amount of council staff suffering with their mental
health.” 
Response: Getting it right is at the heart of what our early learning and
childcare staff do day to day for children and families. For example, our
Learning Assistants provide additional support for children when required.
Pupil and Family Support Workers provide support between the home and
ELC. Our early stages teachers contribute to the identification of children with
additional support needs; actively contribute to the intervention process
through assessment, planning and implementation; devise support plans in
consultation with early year’s staff; and respond to children’s particular
learning needs. Each early years centre has a link Educational Psychologist
allocated to provide a regular visiting service, advice, training and support for
families. In West Dunbartonshire we also have specialist ELC provision at
Kilpatrick Early Years’ Service. The admissions guidance for ELC is being
reviewed in order to support our staff teams to provide the service required for
families with children with ASN.

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Comment 3: 
“A welcome addition to the ASN estate in WDC”. 
Response: As an authority we welcome this positive response to the
Council’s plan to expand the school learning estate to meet projected needs
of the ASN sector. If agreed the proposal will result in the development of a
new school to accommodate 36 young people with additional support needs. 
Comment 4: 
“N/a” 
Response:  No response required. 
Comment 5: 
“The VoL base caters for young people who are able to integrate into a main
stream setting. Kilpatrick meets another spectrum of needs. What about in
between? The provision is inadequate. There should be provision within
existing and proposed ASN establishments for Catholic education, or at least,
support for making sacraments. This is currently lacking; perhaps with
exception to the base within Balloch Campus that also happens to have a
Catholic school? Children currently need to be taken out of school and private
arrangements made for making sacraments. This is not acceptable and puts
Catholic young people, attending a base within a non-denominational school,
at a disadvantage from Catholic young people at Catholic schools”. 
Response: The position noted is not accurate as support is provided.  At
present any child, or young person, in a special setting requiring support to
prepare and receive The Sacraments and practise their Faith does receive
support.  The Council has no plans to open a separate denominational
additional support needs setting. 
Comment 6: 
“Provision for ASN at secondary level in the Dumbarton and VoL area is
significantly lacking”. 
Response:  This proposal is part of West Dunbartonshire Council’s plan to
expand the school learning estate to meet projected needs of the ASN sector
and would accommodate 36 young people due to transition to secondary
school. 
6.2 In addition to the online responses, one written submission was received from
the Archdiocese of Glasgow.  A summary of the main points from the
submission is outlined below:

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• Congratulate the Council in their endeavours to provide expansion to their
ASN learning estate.
• Recognise that the proposal will involve redeveloping the former Riverside
ELCC into a new school and this would be a shared campus with St.
Martin’s Primary School.  The two schools would remain separate located
on the one campus.
• Notes that the Council will ensure that the plans for the co-location of the
two schools will be in accordance with the Catholic Church’s protocols for
co-located establishments. 
6.3 Whilst the Archdiocese is in favour of the proposal the following points were
outlined for consideration by officials planning the school due to the different
ages of the pupils in the two schools.  
• The approaches to the separate entrances to the schools are safe for pupils
in both schools
• Any connecting door(s) between the two schools ensure security for all the
pupils
• Any use of shared facilities e.g. gym hall/assembly hall, general purpose
room is well timetabled 
6.4 The Council welcomes the response from the Archdiocese and notes the
supportive views within the submission.  The Council has worked effectively
with the Archdiocese regarding similar new builds on a co-located campus
and will continue to engage with the Archdiocese and will make arrangements
to meet with advisors on a regular basis.   
6.5 This will be a refurbishment not just an upgrade and the layout will be different
from the layout used for Riverside ELCC. There will be 2 separate schools,
with 2 separate entrances and each school would have its own senior
management team.  The design for the building will ensure safety for all pupils
and staff.  There will be an additional security door, each school would have
their own toilets and areas.  Use of shared facilities will be through a robust
timetabled system. 
7. EDUCATION SCOTLAND REPORT AND EDUCATION AUTHORITY
RESPONSE 
7.1 In accordance with the Schools (Consultation) (Scotland) Act 2010, a report
was produced by Education Scotland on the educational aspects of the
proposal.  Education Scotland agree that the proposal has the potential to
bring clear educational benefits for young people with additional support
needs attending the school.  Almost all stakeholders who spoke with HM
Inspectors or responded in writing are supportive of the proposals and
recognised that it will enhance the current provision within West
Dunbartonshire and provide an option for children to be educated locally. 
7.2 The Education Scotland report can be read in full in Appendix 2, and the
summary conclusions from the report were as follows:

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• HM Inspectors agree that the proposal has the potential to bring clear
educational benefits for young people with additional support needs
attending the new school.
• A shared campus will create joint learning opportunities for both the new
school and the existing primary school.
7.3 The Council welcomes the report from Education Scotland and accepts its
response to the Council’s proposal.  The report detailed that in order to
alleviate any concerns that stakeholders may have about the layout of the
building, the Council should share plans as soon as practicable.  In addition
the report stated that should the proposal go ahead, the Council should
ensure that all stakeholders are kept fully up to date with developments. 
Response: If the proposal goes ahead the Council is fully committed to
including all stakeholders in the planning and design stage, and will continue
to use effective communication strategies to ensure continued engagement
with all stakeholders throughout the development. 
7.4 A few stakeholders expressed some reservations in terms of safety
regarding car parking and access at the school at busy times.   
Response: The Council is aware of known problems at the site with car
parking, and drop off points and the turning area and has developed an
indicative plan in relation to car parking including using available land to
accommodate wider car parking area and this plan will be further developed
and made available to stakeholders as part of the planning and design
stage,  
8. ALLEGED OMISSIONS OR INACCURACIES 
8.1 Section (10) (3) of the 2010 Act also places a requirement on the Council to
provide details of any inaccuracy or omission within the Proposal Paper
which has either been identified by the Council or raised by consultees.  This
section of the 2010 Act also requires the Council to provide a statement on
the action taken in respect of the inaccuracy or omission, or, if no action was
taken, to state that fact and why. 
8.2 In the course of the consultation exercise, there were no areas identified
by respondents as being inaccurate or omitted from the Proposal Paper
during the consultation period. 
9. COMPLIANCE WITH SECTION 9(1) OF THE SCHOOLS
(CONSULTATION) (SCOTLAND) ACT 2010 
9.1 Section 9(1) of the Schools (Consultation) (Scotland) Act 2010 states that:
After the Education Authority has received Education Scotland’s report, the
Authority is to review the relevant proposal having regard (in particular) to: 
(i) written representations received by the Authority (from any

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person) during the consultation period;
(ii) oral representations made to it (by any  person) at the public
Meeting; and
(iii) Education Scotland’s report. 
9.2 Following receipt of the Education Scotland report, the Council has reviewed
the proposal, having regard to the written and oral representations made and
to Education Scotland’s report. 
9.3 The feedback from the consultation was considered by officers where all the
questions and comments raised were considered in detail.  This ensured that
the Council met the requirements to review the proposal under section 9(1)
and 13(5) of the 2010 Act. 
9.4 Officers of the Education Authority have listened carefully to the points made
at the public meeting and have considered equally carefully the Education
Scotland report, online representations and written submission.   
9.5 The proposal was reviewed to consider whether any of the representations led
to the Council to reconsider any other reasonable alternatives to the proposal. 
There were no factors which led to reconsidering the proposal and it was also
noted that 6 out of the 7 individuals who responded to the online survey were
in favour of the proposal, and there is general support for the proposal across
all groups of stakeholders. 
9.6 The educational benefits were reviewed in respect of the Education Scotland
report and representations made. There were no factors included in the
Education Scotland report or representations made requiring any aspect of
the educational benefits to be reconsidered. 
10. LEGAL ISSUES/NEXT STEPS 
10.1 The Council has complied in full with the requirements of the Schools
(Consultation) (Scotland) Act 2010 throughout this statutory
consultation. 
10.2 Under the terms of the Schools (Scotland) (Consultation) Act 2010, it is a
legal requirement that the Council should not reach any formal decision
without waiting until a period of three weeks starting on the day on which this
Consultation Report is published in electronic and printed form has expired. 
10.3    This Consultation Report will  be published, both electronically and available
in written form, if required, on Wednesday 15 February 2023, this meets the
statutory requirement to publish this report for more than three weeks before
the report on the consultation is considered by Educational Service
Committee on Wednesday 8 March 2023 for final decision. If approved the
Council will ensure continued engagement with all stakeholders throughout
the development.

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