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Top lawyer joins battle to save Menzieshill High School

Patrick McGuire has significant concerns about the planned school closure.
Patrick McGuire has significant concerns about the planned school closure.

The battle to save a Dundee school could go to court, with a top lawyer threatening legal action over the proposed closure.

In a bid to sharpen the teeth of the Save Menzieshill High campaign, prominent advocate Patrick McGuire is gathering evidence for a judicial review against Dundee City Council.

The lawyer said that there were “significant concerns” that the local authority had not followed “due process” in its plan to close the school.

He also branded the closure illogical as “the population is only going to rise” within the school’s catchment area.

The Courier yesterday revealed concerns over the “fairness” of an Education Scotland report into the planned closure, after it emerged that inspectors did not attend a parental consultation at Menzieshill High, despite attending similar events at two other schools affected by the closure.

Parents from the Save Menzieshill High campaign group have also accused the council of ignoring their concerns, with one branding the consultation “a complete joke”.

Mr McGuire, who works for Thompson’s solicitors in Edinburgh, told The Courier: “We are looking at a judicial review.

“Based on the information I have seen there are clearly aspects that have raised significant concerns in terms of due process and consultation, particularly with parents.

“I can see that they (campaigners) have meat to their concerns and so am looking at launching a judicial review against Dundee City Council.

“It is early days at the moment, but the next step will be to sit down with more families to gather further evidence. This is a hugely important issue and we have to ensure that there was due process.

“All the schools surrounding Menzieshill High are full and the population of the area is only going to rise in the coming years.

“From a logical point of view the proposed closure makes no sense.”

Menzieshill High School was slated for closure after the council said it was operating “significantly below” the building’s capacity.

There are 487 pupils at the school this year, representing a 48% occupancy level. This has dropped from 67% in the school year 2008-09.

However, councillors recently approved the Western Gateway housing development, near the Swallow roundabout, and campaigners argue this will boost the school’s roll.

A spokesman for Dundee City Council said: “A report outlining the consultation process was considered by the education committee in December last year.”

Education Scotland previously said that all their reports are “independent and impartial” and follow legal processes although they refused to confirm if inspectors had ever visited Menzieshill High.