Education (Scotland) Act 2016 - Gaelic Medium Primary Education Request
Argyll and Bute Council · 27 August 2026
Back to Community Services Committee — 27 August 2026 and its agenda
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ARGYLL AND BUTE COUNCIL COMMUNITY SERVICES COMMITTEE EDUCATION 27 AUGUST 2026 EDUCATION (SCOTLAND) ACT 2016 – GAELIC MEDIUM PRIMARY EDUCATION REQUEST 1.0 EXECUTIVE SUMMARY 1.1 The purpose of this report is to provide the Community Services Committee with information regarding a parental request for Gaelic Medium Primary Education that has been made, and to seek the Committee’s agreement on the next steps for assessing the request, as per the process as set out in the Education (Scotland) Act 2016 (the 2016 Act). 1.2 It is recommended that the Community Services Committee: 1.2.1 Notes the receipt of the GMPE request, which requires to be assessed in accordance with the 2016 Act. 1.2.2 Designates Mid Argyll as the GMPE Assessment Area. 1.2.3 Agrees that the initial assessment identifies a potential need for GMPE within the GMPE Assessment Area. 1.2.4 Instructs the Education Service to undertake a full assessment of need within the GMPE Assessment Area. 1.2.5 Agrees that the findings of the full assessment shall be reported to the December 2026 meeting of the Committee, for consideration of whether GMPE should be secured within the GMPE Assessment Area.
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ARGYLL AND BUTE COUNCIL COMMUNITY SERVICES COMMITTEE EDUCATION 27 AUGUST 2026 EDUCATION (SCOTLAND) ACT 2016 – GAELIC MEDIUM PRIMARY EDUCATION REQUEST 2.0 INTRODUCTION 2.1 Gaelic Medium Education is an important part of the Council’s wider approach to supporting Gaelic language, culture and learning across Argyll and Bute. The Council currently supports Gaelic education in a range of settings and is required to respond to parental requests for GMPE in accordance with the relevant provisions of the 2016 Act. 2.2 A parental request has been received seeking GMPE provision for a child in the Mid Argyll area, supported by the parents of other children resident in the same area. The Education Service has reviewed all of the information submitted in support of the request, and this report seeks agreement of the Committee (discharging the duties and powers of the Council as Education Authority) to undertake the steps required to assess the request in further detail in accordance with the 2016 Act. 3.0 RECOMMENDATIONS 3.1 It is recommended that the Community Services Committee: 3.1.1 Notes the receipt of the GMPE request, which requires to be assessed in accordance with the 2016 Act. 3.1.2 Designates Mid Argyll as the GMPE Assessment Area. 3.1.3 Agrees that the initial assessment identifies a potential need for GMPE within the GMPE Assessment Area. 3.1.4 Instructs the Education Service to undertake a full assessment of need within the GMPE Assessment Area. 3.1.5 Agrees that the findings of the full assessment shall be reported to the December 2026 meeting of the Committee, for consideration of whether GMPE should be secured within the GMPE Assessment Area.
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4.0 DETAIL 4.1 The Education Service received a GMPE Request (made in accordance with the 2016 Act) on 24th June 2026. 4.2 The request was made by a parent of a child who has not yet started to attend a primary school (the specified child). The request was also accompanied by evidence of demand for GMPE from parents of five other children resident in the Education Authority’s area who are in the same year group as the specified child; and evidence of demand for GMPE from parents of a further 17 children resident in the area who have not yet begun to attend a primary school, but who are in a different year group to the specified child. 4.3 Under Section 8 of the 2016 Act, Education Authorities are required to designate the geographical area in relation to which it will undertake its assessment of the need for GMPE following receipt of the parental request. This is referred to as the GMPE Assessment Area. 4.4 The 2016 Act requires that when designating a GMPE Assessment Area, the Education Authority must, so far as is reasonable, seek to accommodate the demand for GMPE from those who are named or listed in the request and any other demand for GMPE that the education authority knows about from parents of children who are under school age, have not yet started to attend a primary school and are resident in that education authority area. 4.5 The specified child, and the children whose parents submitted evidence to accompany the request, all reside at PA30 or PA31 postcodes. Accordingly, the clear recommendation of officers is to designate Mid Argyll as the GMPE Assessment Area for the purpose of considering this request. 4.6 After allocating the GMPE Assessment Area, the Education Authority are required to undertake an initial assessment of the need for GMPE, in accordance with Section 9 of the 2016 Act. This requires the Education Authority to determine if there is a potential need for GMPE in the GMPE Assessment Area. The threshold for a potential need for GMPE is defined within Section 9 as demand for GMPE in relation to five or more children in the same pre-school year group, which includes the specified child. Members will note with reference to Paragraph 4.2, above, that this statutory threshold is accordingly met, and the clear recommendation of officers is that the request, and further evidence submitted in support of the same, demonstrates a potential need for GMPE in the GMPE Assessment Area as per Section 9(5)(a) of the 2016 Act. 4.7 After determining that there is a potential need for GMPE in the area, the next step in the process is to carry out a full assessment under Section 12 of the 2016 Act. As part of that process, the Education Service would be required to notify His Majesty's Chief Inspector of Education in Scotland (HMIE), Bòrd na
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Gàidhlig, Comann nam Pàrant and the National Parent Forum of Scotland. These bodies must be provided with details regarding the parental request, information gathered during the initial assessment and the Education Authority’s determination that there is potential need for GMPE. All four of these bodies will be asked to assess and comment on the Education Authority’s determination that there is a potential need for GMPE in the area. In doing this, they will be expected to draw on their particular national expertise and comment on the potential need and possibility of securing GMPE provision in the GMPE Assessment Area within the wider parental, Gaelic and educational context in Scotland. HMIE and Bòrd na Gàidhlig must provide their views to the Education Authority. Comann nam Pàrant and the National Parent Forum of Scotland are under no duty to provide these views, but may do so. 4.8 The Education Authority must have regard to all views received by the above statutory consultees when carrying out the full assessment, as well as the other mandatory factors (as prescribed by Section 12(6) of the 2016 Act), which are as follows: • Statutory Guidance on Gaelic Education • Initial assessment information • Information relating to demand throughout the Education Authority’s area • Existing GMPE provision • Access to GMPE from other education authorities • Access to GMPE in an adjacent education authority area • Availability and suitability of accommodation • Costs • Staffing • The Council’s Gaelic Language Plan • The potential to develop or increase the use of Gaelic in the area 4.9 At the conclusion of a full assessment, the Education Authority must decide to secure the provision of GMPE in the GMPE Assessment Area unless, having regard to the matters listed above, it would be unreasonable to do so. 5.0 CONCLUSION 5.1 The information submitted as part of, and in support of, the GMPE request meets the statutory threshold for concluding that there is a potential need for GMPE within the GMPE Assessment Area, as the outcome of the initial assessment exercise under the 2016 Act. 5.2 Accordingly, the clear advice from officers is that the Education Service should now undertake the full assessment, as the next stage in the 2016 Act process, and shall produce a report for Members’ consideration at the conclusion of the full assessment.
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6.0 IMPLICATIONS 6.1 Policy - The recommendations within this report support the Council’s statutory responsibilities in relation to Gaelic Medium Education and aligns with the Council’s wider commitments to Gaelic language and education. 6.2 Financial - There may be financial implications associated with the full assessment and, depending on the outcome, with any future establishment of GMPE provision. These will be considered as part of the full assessment exercise and reported to Committee in due course should this report’s recommendations be agreed. 6.3 Legal - The Council must comply with the statutory process for responding to parental requests for GMPE as set out in the Education (Scotland) Act 2016. 6.4 HR - Staffing implications, including availability of appropriately qualified Gaelic Medium Education staff, will be considered as part of a full assessment, should the Committee agree to undertake this. 6.5 Customer Service - Parents who submitted and contributed to the request will be notified at various points regarding the progress of the request. 6.6 Risk - Failure to follow the statutory process/requirements; and/or failure to provide a robust evidence-based decision in relation to the request could create legal, reputational and operational risks for the Council. 6.7 Climate Change - Transport and travel implications may require consideration as part of the assessment of accessibility and deliverability. 6.8 Fairer Scotland Duty - – The full assessment (if agreed to by the Committee) will consider access to education provision and potential impacts for families across the GMPE Assessment Area. 6.9 Equalities - protected characteristics – The proposed full assessment exercise will consider any relevant equalities implications arising from the request and any proposed provision. 6.10 Consumer Duty – None within this report. 6.11 Island Communities – None. 6.12 Children’s Rights and Wellbeing - The request relates directly to children’s access to education and language learning. Relevant UNCRC considerations include Article 3, Article 28 and Article 29.
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DOUGLAS HENDRY Executive Director with responsibility for Education Councillor Kieron Green Policy Lead for Education 4th August 2026 For further information contact: Jennifer Crocket Chief Education Officer/Head of Education – Wellbeing, Inclusion and Achievement Jennifer.Crocket@argyll-bute.gov.uk Wendy Brownlie Head of Education – Performance and Improvement Wendy.Brownlie@argyll-bute.gov.uk