Sciennes, Gillespie's, Bruntsfield and South Morningside Primaries Left in the Lurch by the SNP

6.42.00pm GMT Thu 4th Mar 2010

The failure of the SNP Government to introduce new rules for class sizes means that P1 classes in many popular schools in Edinburgh South are likely to have more than 25 pupils from August. The news follows a commitment in September 2009 by the then Education Secretary Fiona Hyslop to introduce regulations that would set a limit of 25 for new P1 classes from the start of the August 2010 school year. In 2008 a court case exposed the guideline limit of 25 in P1 as unenforceable.

Commenting upon the lack of legislation Mike Pringle, Liberal Democrat MSP for Edinburgh South said "The school placement process is now in full swing yet the Scottish Government has still to legislate to cap primary 1 classes at 25 pupils. This will leave the City of Edinburgh Council facing potentially un-winnable legal challenges across the city to admit pupils up to the current limit of 30, putting pressure on facilities and teachers.

"I am in favour of reducing class sizes but the Scottish Government must do more than setting targets for local authorities, it must ensure that the legal and legislative framework is in place for those targets to be met.

"At the moment this looks like another case of the Scottish Government failing to back up its promises with legislation, leaving local Government and teachers to carry the can."

The legal limit for a P1-P3 class is currently 30 but if the Council sets a limit of 25 and an appeal case is lost where many parents have appealed on the same grounds, the school must accept all pupils and find space and teachers. This means that numbers could go beyond 30, leaving schools with accommodation problems.

Edinburgh's Education Leader Cllr Marilyne MacLaren said: "We are committed to reducing class sizes and we have taken big steps towards making this happen across the city. However, the reality is that if we don't have a 'back-stop' to cap classes at a maximum of 25, it is highly likely that 50 other schools will see numbers go beyond 25.

"If we aren't going to see new regulations then we will have no option but to increase the limit to 30 in line with current legislation. This at least should keep class sizes more manageable for teachers. This is disappointing but without legal protection from the Government we don't have any other option."

Cllr MacLaren wrote to the Education Secretary last summer to ask for an urgent review into class size limits and to request new legislation to clarify and enforce the Scottish Government's policy on reducing class.sizes. The Council and Mike Pringle MSP have repeatedly sought assurances that the new rules would be introduced in time.