SUBJECT: PROPOSED CLOSURE OF MUIRFIELD AND TIMMERGREENS. RESPONSE TO ANGUS COUNCIL DIRECTOR OF EDUCATION NEIL LOGUE’S LETTER OF JANUARY 13
Dear Mr Russell,
I would like to officially respond to Angus Council’s Director of Education Mr Neil Logue’s letter to Jonathan Moore, Head of the School Infrastructure Unit on January 13th.
Given that this letter was in response to observations I had made regarding surveyor reports of Muirfield and Timmergreens I feel it is entirely valid for my rebuttal to be considered before a final decision on the proposed closure of Muirfield and Timmergreens Primary schools is reached by you as the Cabinet Secretary for Education and Lifelong Learning.
Firstly, I feel it is crucial to underline that my ‘observations’ were first cited in my call-in request that was submitted within the three week period for representation. I wrote of concerns over the discrepancies in the gradings of certain aspects of Timmergreens between the two different surveyor spreadsheets in my call-in request, I also raised doubts over the claims that Muirfield’s heating system was faulty and explained how information relevant to this was now subject to a Scottish Freedom of Information request. I’m pleased to note that the Scottish Government took my concerns seriously enough to raise these points with Angus Council, however, I believe there is nothing in the Schools Consultation (Scotland) Act 2010 (“the Act”) which prevents the you from exploring and investigating evidence out with the original scope of call-in. That in turn, should dispel the argument that Mr Logue suggests in stating that the observations are ‘not relevant to the reasons cited by the Ministers for issuing the call in notice.’
I also do not regard the time being taken to consider this extremely complex and highly controversial proposal to be ‘needless’. Indeed, those 50 people who took the time to compile detailed ‘call-in’ requests, some of which ran beyond 40 pages, merit a full, in-depth and transparent investigation into this proposal.
In his letter, Mr Logue has included a series of statements and appendix items which I feel are entirely irrelevant to the questions he was asked in Mr Moore’s letter on December 22nd. I wish to make no response to his attempts to discredit me personally or to raise doubts over the actions of the other parents/members of Muirfield Action Group. Failed previous attempts to do so led to the aforementioned Director enduring the threat of being removed from the Council chamber on the very day this proposal was voted in by Angus Council, June 22, 2011. However, I feel the only consideration of this matter should be factual, physical evidence not the personal feelings of the Director or anyone else.
In response to Mr Logue’s comments, therefore:
(a) THE SCHOOL SHOULD NOT BE CLOSED WHEN THERE IS NO PHYSICAL RECORD OF INSPECTION (MECHANICAL/ELECTRICAL SERVICES)
In his response, Mr Logue states that there is an established database of knowledge on Muirfield. I do not doubt this statement, I do however wish to point out that an in-depth School Estate Management Plan must be carried out every five years, with update submitted to the Scottish Government when requested. This inspection must contain ‘auditable’ records.
Pages 1 to 10 of Mr Ed Thomson’s surveyor report on Muirfield can be clearly validated as it contains handwritten notes and photographs taken on the date of inspection (3/3/09).
However, by Mr Logue’s admission there are no handwritten notes, files or photographs in existence to provide evidence of Property Advisor Mike Whyte’s visit to Muirfield on 18/3/09 or of any SEMP specific assessment of the Mechanical Services/ Electrical Services that was ‘validated’ by Mr Whyte.
As such there is no legally required audit trail to explain the significant downgrading of the school’s Condition/Suitability rating from B/B to C/C. The only document is a computer based Suitability Assessment dated 18/3/09.
As stated by Mr Logue, there are no handwritten notes, no photographs of this visit. As such there are no auditable records to prove that a on-site inspection of the heating etc was carried out at Muirfield, with specific regard to the School Estate Management Plan of 2009, before the Mechanical Services and Electrical Services were recorded as D and B respectively.
Without these records this inspection could have, technically, been carried out remotely as a computer desk exercise.
Mr Logue also states that ‘The fact that handwritten notes of a specific mechanical/electrical services assessment of Muirfield Primary School were not retained should not lead one to conclude that the electronic version of the handwritten notes is not accurate.’ This does not explain how the records are ‘auditable’ and, therefore, fails to satisfactorily respond to this question.
Fears over the authenticity of a heating survey are genuine, given, that there have been no reported closures of Muirfield Primary School in the four-year period dated 2007-2011 due to a broken heating system, which is seemingly regarded as the worst in Arbroath. During the same period, Warddykes Primary School – which scored a rating of C for Mechanical Services – £12,110 was spent in comparison to £2,683 on Muirfield. That’s a difference of £9,427 on a heating system that was graded better than the one at Muirfield. Physical proof of these figures have already previously been sent to you.
It should also be noted that an e-mail string between Property Advisor Mike Whyte and surveyor Ed Thomson, which was previously forwarded to you, exists showing that Mr Whyte has no idea who was responsible for a physical inspection of the Mechanical/Electrical Services element of Muirfield.
This string ends on March 17, 2009 with Mr Whyte – ONE DAY BEFORE MR WHYTE’S ASSESSMENT – asking his colleague Robert McLachlan: “Robert, I need your help, I’m bamboozled. Who is dealing with the services side? Should I be assessing it myself?
“If the services are incomplete, effectively the information is useless to me as this forms part of the overall condition calculation. Without it I am unable to arrive at a condition rating (this being the whole point of assessment).”
No response was ever released under FOI to that e-mail, however, subsequent e-mails dated after March 18, 2009 show that Mechanical Services/ Electrical Services had not been completed for some Arbroath schools and that the gradings would be entered on a ‘superficial’ basis.
On May 1, 2009, a full SIX WEEKS ON from the date of Mr Whyte’s assessment of Muirfield, an e-mail from Angus Council’s Head of Property Services John Pearson to Mr Whyte (Property Advisor) and cc Craig Clement (Senior Education Officer) and Neil Anderson (MAINTENANCE MANAGER) was sent.
Entitled ‘Services Contributions to Arbroath SEMPS’ it stated:
“I have discussed your needs and the resources available with Neil and he has explained to me the heavy workload that he is trying to progress including the capital maintenance and Education revenue projects which he has been asked to progress for the summer recess.
He has agreed to provide information for your exercise but this will be on a somewhat superficial basis allocating A-D scores for the main services elements and any relevant subcategories where the information can be found and used very quickly.
I regret that we do not currently have the resources to take this matter any further.”
Given the dubiety over the heating assessment for the SEMPS, Angus Council should provide documentation to prove that this email does not relate to Muirfield/Timmergreens.
(b) THE SCHOOL SHOULD NOT BE CLOSED WHEN THERE ARE ALTERED GRADINGS WITH NO SUPPORTING EVIDENCE AS TO WHY SURVEYOR REPORTS WERE CHANGED BY EDUCATION DEPARTMENT.
Mr Logue admits that gradings were altered, without physical reference as to why. This is not ‘auditable’. He also admits that the alterations caused the grading of the External Walls, Windows And Doors section to be downgraded from B to C but states ‘this amendment made no change to the overall Condition rating of Timmergreens which remained as a B ratings.’
Whilst the rating of the school did not alter, according to Mr Logue, the statement that accompanied one of the changes from a grading of B to C in the surveyor reports – on Timmergreens windows: ‘Areas of excessive condensation problems’ was later used as evidence by both Angus Council in their Proposal Document and the HMIE inspector in her summary as major problems at this school. They, therefore, impacted on the decision making process of the councillors who voted in the school closures. Without validation that these changes were signed off by the original surveyor Mr Ed Thomson I feel these changes are not ‘auditable’.
Mr Logue then states: ‘I can confirm Warddykes, Ladyloan and Muirfield Primary School all contain similar window curtain walling style construction.’ They have all received a condition rating of C for the External Walls, Windows and Doors element.
If the surveyor records of Muirfield released to me under FOI and subsequently verified by the Freedom of Information officer, are the only in existence then this statement is entirely inaccurate as the grading of the External Walls, Windows and Doors on the handwritten surveyor sheets for Muirfield produces a score of 73% (B) in accordance with the weighting system used for Condition scoring by Angus Council.
This was later recorded in the Muirfield School Estate Management Plan as a C, without reference to the change in grading. According to the Freedom of Information officer who visited Angus Council, Alison Davies, only ‘annotated surveyor notes’ exist for both Muirfield and Inverbrothock Primary Schools. This can easily be checked out by the Scottish Government with the impartial officer concerned.
Crucially, the only available surveyor spreadsheets for Muirfield grade the Overall Condition for the school as a B (65%), not a C as has been communicated in the Proposal Document and Consultation Report. Again, this assessment could easily be validated by the Scottish Government using the Angus Council-based weighting formula, given that these sheets were sent in with my original call in request.
The ‘inaccurate’ grading of the school would be a clear Material Consideration under the Act, as it significantly influenced not only the consultees in their decision making but, crucially the councillors who voted in the proposal. I would therefore, ask that this grading is looked at in detail by the Scottish Government and the outcome of the assessment is made publicly available before any decision over closure is reached.
(c) THE SCHOOL SHOULD NOT BE CLOSED WHEN ALL HANDWRITTEN NOTES TO THESE SURVEYS IS DESTROYED BY ANGUS COUNCIL
Mr Logue makes no attempt to suggest an existence of ‘auditable’ records preferring to state that the Suitability Rating of both Muirfield and Timmergreens is C. It again should be pointed out that these schools both carried a grading of ‘B’ for this Suitability in 2008 but, along with six out of seven other schools in the town in 2009, this was altered to C.
The Mechanical Services element of Muirfield, which includes a reputedly ‘faulty heating system’ greatly impacts on the Suitability scoring of that school with temperature control in the section that accounts for 50% of the weighting used to determine the Suitability grading. It appears that all Suitability assessments for Muirfield and Timmergreens were, in part, based on the surveyor reports for these schools.
It is therefore paramount that the following are considered before the Cabinet Secretary reaches his conclusion:
(a) The lack of evidence to show that a physical on-site inspection of the Mechanical Services/Electrical Services was carried out and not done remotely as a computer desktop exercise.
(b) The impact of the changed gradings at Timmergreens on the Proposal Document, Consultation Report and HMIE inspector’s report and the lack of citable evidence to explain these alterations.
(c) The apparent mis-calculations of both the External Doors and Windows element of Muirfield’s grading and, more crucially the overall scoring of this school as a C when surveyor reports suggest the school is a B.
As an extremely concerned parent, I feel that the Scottish Government should validate our claims over section (c), using the material previously provided to you in my call-in request and should contact the Scottish Freedom of Information Commissioner, as an independent party, to ask what information is held by Angus Council in regard to surveyor reports.
If Muirfield is graded as a B according to all surveyor records in existence at Angus Council this proposal should be deemed entirely flawed and should be rejected. If records, subsequently exist to deem otherwise then legal questions must be asked of the Council as to why these were not previously produced in my original FOISA request in April 2011 or subsequently to the investigation FOISA officer.
Even allowing for rejection of this proposal, I believe significant enough doubt exists over the altered gradings in the surveyor reports of Muirfield, Timmergreens and Warddykes, to merit an independent inspection and record of Condition and Suitability ratings for using Scottish Government guidance to prevent a future proposal based on what I regard to be insufficient evidence.
Addressing, Mr Logue’s statement about my reluctance to meet with them and be provided with documents which I believe ‘may not have been provided in response to FOI requests’, would ask why – if documents do exist – they have not already been released within the scope of my FOI requests? Any such meeting would not be recorded and any statements made during it would not be admissible as evidence. I believe, as with previous attempts to cancel the public meeting we organised at Muirfield in May – where 200 people attended – in favour of a one-to-one talk with Mr Craig Clement this is not an ‘open and transparent’ gesture in the spirit of the Act.
Finally, can I welcome you decision to make this particular aspect of the school closure proposal publicly viewable in the interests of openness and transparency. I am happy for my letter to be freely available and, whilst I believe you already have all the evidence I refer to in this response, I’m happy to provide it again.
I would also ask that all other aspects of this proposal are now made publicly available, including Angus Council’s response to the perceived failure to consult all relevant consultees, concerns over road safety issues and the investigation into the multiple responding computers in one of their public consultations over the school closures. In releasing all relevant documents to this proposal, the principles of openness and transparency of the Act will be met.
Yours sincerely,
Ewan Smith
Parent story
Own goal: Angus Council response to Education Secretary on Muirfield











