Judge warns council over plans to close rural Welsh-language school

Nation.Cymru Staff

A judge has warned a council it must give “conscientious consideration” to alternatives to closing a rural primary school after a legal challenge by governors.

In a Judicial Review judgment issued on 19 June, Judge Jarman agreed with Governors that Carmarthenshire County Council had a case to answer over the claim that they had not given proper and timely consideration to alternative proposals other than closing Ysgol Meidrim in Carmarthenshire.

However, His Honour declined to halt the process at this stage while giving the Council a warning.

The school, which currently has 32 pupils, has been at the centre of a long-running campaign after the council identified it for closure as part of a review of schools facing challenges such as low pupil numbers, surplus places and financial pressures.

Parents, governors and Welsh language campaigners have argued that Ysgol Meidrim remains a vital part of the local community, pointing to rising pupil numbers, plans for a community hub and concerns about the impact closure would have on rural life and the Welsh language.

Earlier this month, cabinet members voted to move the closure process forward despite strong opposition, with 247 of the 260 consultation responses received objecting to the proposal.

A final decision is expected later this year following a statutory objection period.

In Clause 38 of his public written judgment today, Judge Jarman wrote: “In this particular case, in my judgment it was reasonable to consider whether the consultation process was fatally flawed in the way the claimant says.

“If it was, then it is understandable that the claimant would not want to wait on the off chance that, notwithstanding the flaws, the governing body’s options or one of them may be adopted.

“I have concluded that provided those (options) are considered conscientiously then the challenge is not made out, but I would not find that the challenge was premature.”

In response Ffred Ffransis from Cymdeithas yr Iaith in Carmarthenshire said: “Cymdeithas yr Iaith was not a party to the legal action but we well understand why a parent of a pupil with severe medical needs, having received evidence from the hospital that the school closure would affect him badly, would want to use any course of action available.

“The judge criticised the lack of clear communication from the Council and that governors had the impression that the Council had not yet seriously considered alternatives to closure of Ysgol Meidrim, but found that the evidence did not yet reach the high threshold for legal intervention.

“He has warned the Council that they must give ‘conscientious consideration’ to the alternative proposals drawn up by Governors.

“The Council has two choices now. Either it can ‘carry on regardless’, or it could withdraw the Closure Notice and enter into genuine discussions with Governors over their proposals.

“The Council must at least demonstrate a new open attitude during the Objections Period to discussing the alternative proposals.”

The Closure Notice for Ysgol Meidrim was issued on 16 June, inviting objections until 14 July.

The Council has been forced today to withdraw the Notice and issue a revised Closure Notice as the original notice had included nearby Ysgol Bancyfelin as one of 3 “receiving schools”.

However, they have since discovered that Ysgol Bancyfelin is already over capacity. The Objection Period will now run until 17 July.