As reported in the Herald today (Court ruling punches a hole in Scottish class size policy) and following on from our earlier Primary School Maths post, another Sheriff Court case casts doubt over the whole class sizes malarky.

In the case of KJD & SED v. East Lothian Council Sheriff Alan Miller (who, in his spare time is also the Scottish Human Rights Commissioner and a convener for the Additional Support Needs Tribunals) found that the “excepted pupils” provisions in the guidance meant that essentially every placing request appeal on class size limits must be granted, up to a maximum of 30 – in fact, probably all the way up to 33.

Some much needed light may soon be cast upon the whole murky affair, as East Lothian Council have lodged a petition for judicial review and seek to challenge the Sheriff’s decision. The case is due to be heard in early September.

Unless the Court of Session is prepared to adopt a very generous interpretation of the Regulations and guidance, it is becoming increasingly clear that fresh legislation will be required on the matter.