Classification: OFFICIAL

Dear Sir/Madam

Freedom of Information (Scotland) Act 2002 – Request for Information

Thank you for your information request dated 22 January 2019 and received on 22 January 2019. Our reference is FOI 2019-0120. This is being dealt with under the Freedom of Information (Scotland) Act 2002.

We are considering your request. We may be in touch soon to ask for further clarification or to offer advice and assistance if we are not able to fulfil your request in its present form.

The legislation allows us up to 20 working days from the date that we receive a valid request, including any clarification we need to make a final response. We will be in touch within 20 working days of receipt of your initial request to provide our response or to seek clarification where necessary. We hope to give you the information you are looking for at an earlier date if possible.

Regards

Katy Russell-Duff
Administrative Officer
Corporate Services
Orkney Islands Council, Council Offices, Kirkwall, Orkney, KW15 1NY
Telephone 01856 873535 Extension 2210

show quoted sections

Dear Sir/Madam

Freedom of Information (Scotland) Act 2002 – Request for Information

I refer to your email dated 22 January 2019 and received on 22 January 2019, our reference is FOI 2019-0120.

I am pleased to give the information you requested and hope that it meets your requirements.

1) The “school commencement date” and if different, the “appropriate latest date” (both as defined in the Education Scotland Act 1980) on or before which a child must attain the age of five years in order to come within the category of children whom your local authority consider of sufficient age to commence attendance at that primary school on that school commencement date;

Year School Commencement Date Appropriate Latest Date
2010/11 17/08/2010 28/02/2006
2011/12 23/08/2011 28/02/2007
2012/13 21/08/2012 29/02/2008
2013/14 20/08/2013 28/02/2009
2014/15 19/08/2014 28/02/2010
2015/16 18/08/2015 28/02/2011
2016/17 23/08/2016 29/02/2012
2017/18 22/08/2017 28/02/2013
2018/19 21/08/2018 28/02/2014
2019/20 20/08/2019 28/02/2015
2020/21 18/01/2020 29/02/2016

2) A description of the decision-making process and factors taken into consideration by your local authority when deciding on the “school commencement date” and/or “appropriate latest date” together with copies of any relevant guidance and policies used to inform or guide the decision;

The school calendar is set for three years in advance and the applies to all schools within the Authority. The Local Joint Negotiating Committee for Teachers (LNCT) are involved with planning the calendar working with Officers from within the Education Service. Inservice days are considered when setting the dates.

3) Details of decision maker(s), who has been consulted including advisers in relation to the decision-making process on the “school commencement date” and/or “appropriate latest date” together with information and copies of documents relevant to such consultations and copies of such advice;

The status quo and either one or two additional choices are drafted for consultation. Head Teachers are asked to discuss the proposed calendars with their staff and the staff then have the opportunity to vote on their preferred calendar. The response have been collated via survey monkey for the previous six years. Senior Managers and Parent Councils are also consulted with. The Director of Education has delegated power to determine the final school calendar, following discussion with the LNCT and the Chairman and Vice Chairman of the Education Committee.

The appropriate latest date does not change and is therefore not consulted on.

4) Details of the timeframe for the decision-making process and dates when the “school commencement date” and/or “appropriate latest date” were (or in relation to future years will be or are expected to be) fixed for each year;

The school calendar is set for three year periods with the subsequent three years being available approx. 12 months in advance of the current three year period finishing.

As no.3 above the appropriate latest date does not change.

5) The documents in which the “school commencement date” and/or “appropriate latest date” were (or in relation to future years will be or are expected to be) officially recorded and fixed for the purposes of section 32 of the Education (Scotland) Act 1980 and the documents or location where they were (or in relation to future years will be or are expected to be) published or made known to the public;

The agreed school calendar is published via the Council website and school websites.

6) Details of any changes made to any “school commencement date” and/or “appropriate latest date” under subsections 32(2)(b) or 32(5)(b) of the Education (Scotland) Act 1980, the reasons for such change and details of any consultations carried out on changing the school commencement date (or dates) in respect of schedule 1, paragraph 6 of the Schools (Consultation) (Scotland) Act 2010 since its commencement on 5 April 2010.

The calendar does not change once determined by the Director, Chairman and Vice Chair as detailed in no.3 above.

You have the right to request a review of the decision if you are not satisfied with the way we have handled your request. Please write to: Executive Director of Corporate Services, Council Offices, School Place, Kirkwall, Orkney, KW15 1NY or email to [Orkney Islands Council request email] to make this request. The law gives you up to 60 working days from when we received your enquiry or 40 working days from when you receive this correspondence, whichever is the later date.

Where the outcome of the review fails to resolve the matter to your complete satisfaction you have the right to apply to the Scottish Information Commissioner for a decision, within six months of the date of the decision to a request for a review, or within six months from when we should have responded to your request for a review, whichever is the later date.

Kind regards

Gavin Mitchell
Head of Legal Services
Corporate Services
Orkney Islands Council, Council Offices, Kirkwall, Orkney, KW15 1NY
Telephone: 01856 873535 Extension: 2210
www.orkney.gov.uk

show quoted sections