THE parents of four-year-old twins are caught up in a legal battle with council bosses after their children were refused places at a nearby primary school.
Keith and Sarah Devine took their local authority to court after the twins were refused a place in Primary 1 at Stoneyhill Primary School in Musselburgh, despite the school being just a short walk from the family home.
Officials at East Lothian Co
uncil told the family that the youngsters would instead have to travel to Musselburgh Burgh Primary School, which is a 40-minute walk away.
Earlier this month, a sheriff found in favour of the parents, dismissing the council's argument that awarding the children places at their favoured school would require an additional teacher to be hired. But council chiefs refused to accept the decision and at the weekend moved to block the legal ruling.
A spokeswoman for East Lothian Council said the authority had taken out an interdict demanding a review of the sheriff's ruling.
"The ruling has been suspended on an interim basis until a hearing on September 9. The children can attend Musselburgh Burgh Primary School until a decision is reached."
Eric Scott, the couple's solicitor, branded the council's move "appalling" and said the couple planned to continue with their fight. He said: "The children already have an association with Stoneyhill through the nursery. Having won their case in court, the council should have the grace to place them in that school. There's no legal reason why they can't have more than 25 children in a class."
Mrs and Mrs Devine live in the town's Ferguson Drive, just a short walk from Stoneyhill Primary School. But their home is in the catchment area for Burgh Primary School.
In his written judgement, Sheriff Alan Miller said travelling to Burgh Primary School would involve a 40-minute walk for the family along busy roads.
Eleven children were on a waiting list for primary one at the school, with the twins ninth and tenth on the list.
The council had allocated 22 places in the class, allowing them to keep three reserved places. Two further children had been placed in the class as a result of appeal committee decisions, but a number of other parents had made unsuccessful placing requests.
Tina Woolnough, of campaign group Parents in Partnership, said the sheriff's decision had "serious implications" for Scottish schools.
"I'm very surprised at the sheriff's decision because this could cause pandemonium in terms of the precedent it will set.
"Usually parents do not win appeals. I would think local authorities will be very worried about the precedent."
The full article contains 443 words and appears in Edinburgh Evening News newspaper.
