Schools (Consultation) (Scotland) Act 2010 - Temporary Closure Procedure
Argyll and Bute Council · 4 June 2026
Back to Community Services Committee — 4 June 2026 and its agenda
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ARGYLL AND BUTE COUNCIL COMMUNITY SERVICES COMMITTEE EDUCATION 4 JUNE 2026 SCHOOLS (CONSULTATION) (SCOTLAND) ACT 2010 – TEMPORARY CLOSURE PROCEDURE 1.0 EXECUTIVE SUMMARY 1.1 This report provides details of a Temporary Closure Procedure document, which has been drafted by officers following the publication of updated Statutory Guidance on the Schools (Consultation) (Scotland) Act 2010. 1.2 It is recommended that the Community Services Committee: a. Agrees to the adoption of the Procedure, attached as Appendix 1; and b. Agrees that the Procedure shall be published on the Council’s website.
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ARGYLL AND BUTE COUNCIL COMMUNITY SERVICES COMMITTEE EDUCATION 4 JUNE 2026 SCHOOLS (CONSULTATION) (SCOTLAND) ACT 2010 – TEMPORARY CLOSURE PROCEDURE 2.0 INTRODUCTION 2.1 In December 2025, the Scottish Government updated the Statutory Guidance pertaining to the Schools (Consultation) (Scotland) Act 2010 (the 2010 Act). 2.2 In particular, Section 2.5 of the Guidance has been substantially added to in order to provide further detail about the recommended procedures and expectations around the process of effecting temporary closures of schools and nurseries (previously referred to as “mothballing”). 2.3 Officers have had particular regard to Paragraph 74 of the updated Guidance, and have drafted a Temporary Closure Procedure, attached as Appendix 1, which is intended to provide a clear and transparent overview of Argyll and Bute Council’s decision-making processes with regard to temporary closures. 3.0 RECOMMENDATIONS 3.1 It is recommended that the Community Services Committee: a. Agrees to the adoption of the Procedure, attached as Appendix 1; and b. Agrees that the Procedure shall be published on the Council’s website. 4.0 DETAIL 4.1 The updated Statutory Guidance materially expands on the procedures and expectations around the processes for implementing and reviewing temporary closures of schools and Early Learning & Childcare settings (ELCs). This process was previously referred to as “mothballing”. 4.2 After the publication of the updated Guidance, officers from the Education Service conducted an initial review an ascertained that the Council’s established approach with regard to temporary closures is generally consistent with the terms of the updated Guidance.
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4.3 However, the updated Guidance recommends that education authorities consider publishing further information about temporary closures for transparency reasons. 4.4 In particular, Paragraph 74 of the Guidance acknowledges that decision-making models and processes will be particular to each local authority, and recommends that education authorities publish details of their decision-making processes, to assist in providing transparency about how temporary closure decisions are made, and to ensure public confidence in these processes. 4.5 Accordingly, officers have drafted a Temporary Closure Procedure, attached as Appendix 1, which sets out the information gathering requirements, decision- making process, as well as the mechanisms for keeping any temporary closures under regular review. 4.6 In particular, members are invited to note that in terms of Section 10 of the draft Procedure, any temporary closures agreed by the Committee would be closely monitored by officers and reviewed at intervals as determined by the Committee (at least annually). If officers in any individual case were to reach a view, based on all relevant factors and information before them, that a temporarily closed school or ELC has become viable for reopening, a report shall be prepared for the Committee at the next possible opportunity for members to consider the case for reopening. In many instances, it may be possible to accommodate such reports within the regular cycle of Committee meetings. However, in some instances, to avoid any unnecessary delay should a school or ELC be ready for reopening and simply waiting approval by elected members, it may be necessary to convene a special meeting of the Committee in order to consider the matter timeously. 4.7 If this draft Procedure is approved by the Committee it is further proposed that this document is published on the Council’s website, in line with what Paragraph 74 of the Guidance recommends with regard to transparency and public confidence, by making the Procedure accessible to the wider public. 4.8 In terms of other aspects of the updated Statutory Guidance, Paragraph 75 thereof recommends that clear information is available on the Council’s website stating which schools or nurseries are currently subject to temporary closure. Officers have now included this information on the Council’s website, along with the dates that those temporary closures are to be reviewed by. This list will be updated by officers on an ongoing basis. 5.0 CONCLUSION 5.1 Officers have formulated a Temporary Closure Procedure, intended to give a clear overview of the Council’s decision-making process in respect of temporary closures of schools and ELCs. 5.2 If approved by members, publication of the Procedure on the Council’s website is also in line with the Scottish Government’s expectations around transparency as per the updated 2010 Act Guidance.
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6.0 IMPLICATIONS 6.1 Policy – Approval and publication of the Procedure, attached as Appendix 1, will ensure that the Council’s decision-making processes with regard to temporary closures are transparent and easily accessible to members of the public, as recommended by the updated 2010 Act Guidance. 6.2 Financial – None within this report. 6.3 Legal – This report and Appendix 1 have both been prepared in accordance with the requirements of the 2010 Act, as well as the expectations as set out within the updated 2010 Act Statutory Guidance. 6.4 HR – None within this report. 6.5 Customer Service – Publishing the Procedure, if approved, in line with the recommendations of this report ensures that details of the Council’s decision- making procedures with regard to temporary closures will be readily available to the wider public. 6.6 Risk – Not publishing a clear statement of the Council’s decision-making processes with regard to temporary closures risks falling foul of the expectations as set out within the updated Statutory Guidance to the 2010 Act. 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. 6.10 Consumer Duty - None within this report. 6.11 Island Communities - None within this report. 6.12 Children’s Rights and Wellbeing – Article 3: (best interests of the child) The best interests of the child must be a top priority in all decisions and actions that affect children – The Procedure (Appendix 1) requires that pupils are one of the key groups meaningfully engaged with at an early stage in the case of a potential temporary closure. Section 6 of the Procedure is also explicit that all decisions regarding temporary closures must prioritise educational benefits. Article 12: (respect for the views of the child) Every child has the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously – Section 8 of the Procedure requires that early and appropriate engagement is undertaken with pupils, and its findings are carefully considered by the Council prior to any decision regarding a temporary closure.
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Article 28: (right to education) Every child has the right to an education – Section 6 of the Procedure states that all decisions regarding temporary closures must prioritise educational benefits. Douglas Hendry - Executive Director with responsibility for Education Councillor Kieron Green - Policy Lead for Education 24th April 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 Graeme Mcmillan, Transformation Programme Manager Graeme.Mcmillan2@argyll-bute.gov.uk Simone McAdam, Education Manager Simone.McAdam@argyll-bute.gov.uk APPENDICES Appendix 1- Temporary Closure Procedure