The Appeals Panel resolved that the press and public be excluded from the meeting during consideration of the following items of business as it was likely, in view of the nature of the business to be transacted, that if members of the press and public were present there would be disclosure to them of exempt information as defined in paragraph 1 of Part I of Schedule 7A of the Local Government (Scotland) Act 1973.

It was noted that a Chairperson required to be appointed at each meeting of the Appeals Panel. Nominations were sought and it was agreed that Councillor Mullin be appointed Chairperson for this meeting of the Appeals Panel.

DECIDED:  That Councillor Mullin be appointed as Chairperson for this meeting of the Appeals Panel.

Consideration was given to appeals against the refusal of placing requests to Todholm Primary School.  

M O'Neill, Senior Solicitor (Finance & Resources) and A Gallagher (Resource Manager), both representing the Education Authority, L McGinn, Headteacher, Todholm Primary School and the appellants in relation to TP/16/01, TP/16/02,TP/16/03 and TP/16/04 were invited into the meeting. 

The Senior Solicitor, (Litigation) outlined the procedure to be followed in hearing the appeals.  

M O'Neill then presented the case for the Education Authority and led evidence from A Gallagher and L McGinn in relation to the circumstances surrounding the refusal of the placing requests.

The appellants in relation to TP/02/16, TP/03/16 and TP/04/16 then left the Hearing.

The appellants in relation to TP/16/01 then presented their case.  

Each side having been given the opportunity to cross examine and sum up, were thanked for their attendance and left the Hearing.

M O'Neill, A Gallagher, L McGinn, and the appellants in relation to TP/16/02 were invited into the Hearing.

The appellants in relation to TP/16/02 then presented their case.

Each side having been given the opportunity to cross examine and sum up, were thanked for their attendance and left the Hearing.  

M O'Neill, A Gallagher, L McGinn, and the appellants in relation to TP/16/03 were invited into the Hearing.

The appellants in relation to TP/16/03 then presented their case.

Each side having been given the opportunity to cross examine and sum up, were thanked for their attendance and left the Hearing.

M O'Neill, A Gallagher, L McGinn, and the appellants in relation to TP/16/04 were invited into the Hearing.

The appellants in relation to TP/16/04 then presented their case.

Each side having been given the opportunity to cross examine and sum up, were thanked for their attendance and left the Hearing.

DECIDED: That the appeals be decided as follows:-

(a) TP/16/01 - That one or more of the grounds of refusal specified in Section 28(A) (3) and (3A) of the Education (Scotland) Act 1980 existed, and that in all circumstances, it was appropriate to confirm the Education Authority's decision and that the appeal be not upheld; 

(b) TP/16/02 - That one or more of the grounds of refusal specified in Section 28(A) (3) and (3A) of the Education (Scotland) Act 1980 existed, and that in all circumstances, it was appropriate to confirm the Education Authority's decision and that the appeal be not upheld;

(c) TP/06/03 - That one or more of the grounds of refusal specified in Section 28(A) (3) and (3A) of the Education (Scotland) Act 1980 existed, and that in all circumstances, it was appropriate to confirm the Education Authority's decision and that the appeal be not upheld; and

(d) TP/16/04 - That one or more of the grounds of refusal specified in Section 28(A) (3) and (3A) of the Education (Scotland) Act 1980 existed, and that in all circumstances, it was appropriate to confirm the Education Authority's decision and that the appeal be not upheld.

The meeting adjourned at 11.55 am and reconvened at 1.30 pm.