Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Scottish Government could be taken to court over teacher numbers

Deputy First Minister John Swinney could find himself with a court battle over efforts to force councils to maintain teacher numbers.
Deputy First Minister John Swinney could find himself with a court battle over efforts to force councils to maintain teacher numbers.

Tim Pauling

The Scottish Government could face court action over its threat to force councils to maintain teacher numbers.

Local authority umbrella group Cosla says it has legal advice which shows the SNP administration is acting “ultra vires” – or beyond its powers.

Council leaders want to use the advice as a bargaining tool, but there is potential for a full blown court battle if relations between both sides continue to deteriorate.

Cosla has thrown down the gauntlet as First Minister Nicola Sturgeon brings her Cabinet to Aberdeen today.

Council leaders were incensed when Finance Secretary John Swinney used his budget statement earlier this month to demand councils maintain teacher numbers in return for government funding.

The deputy first minister said £51million was available as long as local authorities “signed up to a clear commitment to protect teacher numbers” – but he threatened to claw back the funds from any council which failed to keep to the agreement.

Mr Swinney claimed he had been forced to lay down the law because of Cosla’s failure to reach an agreement, a claim that has been vociferously denied.

Cosla chief executive, Rory Mair, said: “We have taken legal advice which suggests the government has a case to answer regarding the legality of their behaviour on teacher numbers and the imposition of this deal.”

He added: “We think the whole approach the government has taken can be considered ultra vires, in the sense that the parliament sets out the purposes for which the local government finance order is to be used.”

Hew added: “We don’t think our first point of call is to go to legal action, we think our first point of call is to go to government and say these are the questions we think you should answer.”

A Scottish Government spokesman said: “The Scottish Government is firmly committed to maintaining both teacher numbers and the pupil-teacher ratio.

“Despite the Scottish Government providing a further £10million of funding, bringing the total to £51million, specifically to support teacher numbers, Cosla failed to reach agreement on the terms of a national agreement, leaving us no alternative but to seek agreements with individual local authorities.

“Several councils have expressed a desire to meet ministers to discuss the offer, which we very much welcome.”