Councillors have spoken out against a review panel's conclusion Perth and Kinross Council acted "appropriately" in the actions that led to it legally challenging a Scottish Government decision.
PKC spent £96,838 of taxpayers' money when it proceeded with a judicial review of the Scottish Ministers’ call-in notice over Abernyte Primary School - which PKC then lost.
A scrutiny review panel was "satisfied" PKC acted "appropriately" and concluded PKC had "strong legal grounds" to challenge the Scottish Government's decision.
The scrutiny review panel presented its findings to PKC's Scrutiny Committee last week.
SNP councillors who sit on the committee - including Cllr Fiona Sarwar who was one of five SNP councillors who initially called for the review citing "significant criticisms" which "cannot be swept under the carpet" - were all satisfied with the review's findings when presented to them on Monday, April 25.
But the SNP group's education spokesperson - who does not sit on the Scrutiny Committee - was not. Following Monday's meeting, Perth City North SNP councillor John Rebbeck told the Perthshire Advertiser: "I firmly believe the Conservative administration at PKC were wrong to try and close Abernyte Primary in the first place. (Abernyte now has an increasing roll and, it seems, a bright future.)
"I believe they were also wrong to challenge the School Closure Review Panel’s decision to overturn the original closure. (Lady Wise found in favour of the review panel at a judicial review).
"This dogmatic insistence by the Tories to try and close Abernyte Primary, come what may, has ultimately failed but cost the council taxpayer in Perth and Kinross nearly £100,000 in the process."
The review panel comprised SNP councillors Andrew Parrott and Ian Massie and Conservative councillors Frank Smith and David Illingworth. Scrutiny Committee convener Sheila McCole was due to lead the group but was indisposed with vice-convener Cllr Parrott leading instead.
The group met privately with PKC's head of Legal and Governance Services, a legal manager and the executive director of Education and Children’s Services – and Lifelong Learning Committee convener Cllr Caroline Shiers and council leader Murray Lyle. They met over the course of seven meetings between January and March 2022.
Cllr Parrott reported their findings to Monday's meeting of the Scrutiny Committee. He told councillors the panel had "no concerns" with the process followed by PKC and legal action was taken based on "highly expert legal advice" with PKC deemed to have "strong legal grounds" to challenge the Scottish Government's decision.
Lady Wise ultimately ruled in favour of the Scottish Government decision to overturn PKC's decision to close the school and for it to remain open.
Cllr Parrott said: "The judge's decision must be respected. It does not mean processes which led to the decision are therefore not correct."
Cllr Illingworth said the panel's "party allegiances were left at the door" and added: "The decision to take legal action should never be taken lightly - and it wasn't. The process followed was proper and thorough."
Labour councillor Alasdair Bailey called the report a "whitewash".
The Carse of Gowrie councillor tabled an amendment for a new scrutiny process to be launched following the election. He called for its meetings to be held in public - unless information shared needs to be kept confidential under the terms of the Local Government Act - and for the panel's membership to be determined in public.
This was seconded by the former Conservative but now Independent councillor Colin Stewart.
The Strathmore councillor said: "It cannot be right that the council has spent almost £100,000 of taxpayers' money and there are no lessons to be learnt from this situation."
Lib Dem councillor Willie Wilson backed the review's findings and said: "The council followed its usual procedures and went above and beyond."
Legal manager Geoff Hogg said: "I really don't know what more there would be to examine."
The 11 SNP, Conservative and Lib Dem members of the committee voted to accept the review's findings with only Labour's Cllr Bailey and Independent councillor Colin Stewart supporting the amendment to conduct another review.
