Legal challenge could be mounted against closing Llanbedr primary school

A legal chief has assured Powys County Council cabinet members that independent advice says that a proposal to close a school is lawful.

At their meeting on Tuesday, November 9 the Independent/Conservative cabinet voted in favour of continuing the process of closing Llanbedr Church in Wales Primary School in the Vale of Grwyney near Crickhowell.

The decision could save the council £101,000.

This followed arguments by both Cllr Peter Roberts the chairman of the Learning and Skills scrutiny committee and the local member Cllr John Morris, that the case for closure is weak.

Cllr Morris said: “It is quite clear to us the evidence the case of closure is not proven, and we have all been heartened by the opposition to this move from MPs and members across political spectrum.

“We’ve all accepted the schools transformation needs to take place following the damning Estyn report.

“What we did not expect was a piecemeal approach not linked to any cluster review of our area which was facilitate a more informed approach.

“If we progress to closure, it will inevitably result in a judicial review which will cost the council many thousands of pounds.”

Cllr Morris believed Llanbedr could prove to be a test case of the Welsh Government’s presumption against the closure of small rural schools.

Cllr Peter Roberts, chairman of the Learning and Skills scrutiny committee that looked at the proposals for the school at a meeting last week, outlined issues around the cost per pupil.

At the moment the cost per pupil at the school in Llanbedr, is £6,010 compared to the Powys average of £4,616.

This means that it ranks ninth of 78 primary schools in Powys in terms of pupil cost.

Cllr Roberts said: ” During the meeting, evidence was offered that there will be additional pupils joining the school this Christmas increasing the numbers by five.

“This would actually shift the cost per pupil from the ninth highest right down to the medium at 48 or 49 (about £4,246 – £4258).”

The council’s head of legal service, Clive Pinney said: “Powys County Council can’t stop individuals taking judicial review against us.

“But what I can assure cabinet is that we have taken independent legal advice on this issue, and we are satisfied that the proposal is acceptable and lawful.”

Head of transformation and communication, Emma Palmer told the committee that the calculation of cost per pupils are taken from school numbers in November – which is an annual occurrence.

“We don’t do calculations on the hoof,” said Ms Palmer.

Education portfolio holder Cllr Phyl Davies said that he “doesn’t wholly agree” with the scrutiny report contents.

Cllr Davies said:  “The strategy for transformation have been agreed by council and it needs to be followed.”

He believed the scrutiny committees were raising issues about the transformation strategy.

“The report does state that there are no recommendations from scrutiny to cabinet, merely observations,” said Cllr Davies.

The cabinet voted unanimously to continue the closure process.

The next steps will see a legal notice published soon which starts a 28-day period for people to object to the decision.

A report on the objections will then come before the cabinet for a further decision.

It’s expected the school will close by August 31, 2022, with pupils to attend their nearest alternative schools.