Pupils risk injury as windows wrongly fitted in new island schools

Update – the comhairle said that  Bayble, Barvas, Balivanich and Daliburgh are the ones affected by the window problems.

MOST of the windows in new primary schools in the Western Isles must be inspected and reinstalled after several incidents which could have seriously injured pupils.

It has emerged that, possibly because they have been installed the wrong way round, rooflight windows have dropped without warning into classrooms and other internal rooms and pupils and staff have escaped injury only by chance. nicky1

Education chiefs were also aghast to learn that many windows at four of the recently-completed island schools, part of a project costing up to £70 million, have been installed inside out with the toughened panes – designed to withstand blows from footballs and other playground missiles – being on the inside.

Fears for pupils’ and staff safety heightened among island education chiefs recently after one of the wrongly-installed toughened panes shattered in an incident which the council has mysteriously described in internal reports as “a spontaneous fracture”.

Western Isles Council last night (WED) stressed it would not be paying anything extra for the detailed inspection and repair programme which must now be undertaken by builder FMP, a collaboration of three Northern Ireland’ construction firms –Farrans (Construction) Ltd, H&J Martin and Patton Group (which is now in administration).

The suspicion is that a series of window defects have resulted in many unsafe installations throughout the schools but the precise cause and extent is still not known. The report of the findings will should be ready next week.

Among other ongoing defects reported by teachers at the largest school, the Nicolson Institute in Stornoway which opened to pupils last August, are failures of the automatic ventilation systems, failure to detect the presence of people by automated lighting systems, classroom smartboards being installed too low to be seen by pupils and heating pipes clanking so noisily that lessons have had to be abandoned.  Many reports have also been filed about leaking roofs at the schools.

One teacher wrote in a report in December: “Our school looks fantastic from the outside. Inside, it is a different story with a cheap plasticky finish on everything and a different system failing with almost daily regularity.
“This is not just a series of minor snagging problems. I’m afraid to say that this is a shoddy mess.”

It also emerged that two rooflights suddenly fell into the Balivanich School on Benbecula in separate incidents in the last few months. According to a source on Benbecula, the window crashed onto the desk of the school secretary. However, it happened on a Saturday so the office was unoccupied.

Three weeks ago, a similar incident happened at Sgoil an Rubha, the new school at Bayble on Lewis.

The islands’ council confirmed that the detailed inspection which it has now ordered, and which may eventually cost scores of thousands of pounds, will include the following:

  • A photo survey of all the rooflights prior to works
  • The removal of pressure plates, trims and weather tapes
  • A photo survey of existing clearance and spacings
  • The removal of the glazing units which will then be checked for defects before being reinstalled properly

A full report on the findings of the inspection will be produced by FMP on all the works. In the meantime, the council insisted, protective measures are in place at all rooflights.

There has been a lot of recent negotiation over whether there was a need to reverse the windows which were found to be toughened on the inside.

The council said: “The current specification in terms of the lower pane being toughened meets the guidance and British Standards. However, in consultation with the designers, it has been agreed to reverse the glazing panels during the inspection works.
“This change to specification will still comply with British Standards but will also give the additional protection of an inner pane of laminate glass in the unlikely event of a further case of spontaneous fracture of the toughened glass.”

The new schools each secured Building Research Establishment Environmental Assessment Method (BREEAM) Excellent accreditation, one of the most comprehensive and widely-recognised measures of a building’s environmental performance. That was before the window flaws were spotted.

The four island schools where almost every window will have to be checked and reinstalled are at the 100-pupil West Side Primary School at Barvas, the 150-pupil Balivanich Primary School on Benbecula, the 175-pupil Point Primary School at Bayble, Isle of Lewis and the 90-pupil Daliburgh Primary School on South Uist.

The builders have so far not responded to a request for comment.

Another court hearing to decide on school closures

COMHAIRLE STATEMENT

Comhairle Welcomes Judicial Review Appeal Decision

Comhairle nan Eilean Siar is pleased to note that an appeal by the Scottish Government against a judicial review decision which backed Comhairle nan Eilean Siar’s proposals to close two schools and end S1/S2 provision at a third, has not been successful.

The appeal decision did rule that the call-in notices were not automatically invalid which will require further discussion on procedure.

The three schools are Seilibost and Carloway Primary Schools and Shawbost S1-S2. The Comhairle had agreed to close the schools and end the S1/S2 provision but the decisions were called in by the Scottish Government.

The Comhairle subsequently sought a judicial review of the Scottish Government decision which was successful. The Scottish Government then appealed the decision of that review.

Today’s decision rules that it was legitimate for the Scottish Government to call in the Comhairle decisions but that Ministers did not then act properly in reaching their decision that the Comhairle could not close the schools and end the S1/S2 provision at Shawbost.

A hearing will be held to determine the next stages in the process.

Cllr Angus Campbell, Leader of the Comhairle, said: “This clearly shows the legislation is flawed on this issue and it is imperative that this is sorted. The legislation needs to be clear for local authorities and government.

We will consider carefully the terms of today’s judgement however it is clear the Judicial Review decision for the Comhairle has been upheld . I would call upon the Scottish Government to respect the twice-expressed will of the Comhairle that educational provision cease at these three schools. This would end uncertainty for parents, pupils and staff and allow us to move on with providing the best possible education for pupils in the Western Isles.”

Chair of Education and Children’s Services Cllr Catriona Stewart said: “I am pleased that the Judicial Review decision has been upheld and that the judgement contains no criticism of the way the Comhairle conducted the processes and decisions in this matter.

I would hope that we can now move on from this and provide a way ahead for our schools and communities.

Seilibost currently has 6 pupils, Carloway 15 and the S1/S2 provision at Shawbost 34. The schools and the S1/S2 provision are due to close in June.

URGENT – Text system fails to alert everybody – so please tell Nicolson Institute parents that school has shut

The school’s text system has failed to alert all parents and nominated carers of Nicolson Institute pupils that the school has closed due to an ammonia spillage in a science lab.

Would all readers of this blog assist by please telling any parents you know who may have to make arrangements for their children.

Teachers and pupils hot under the collar as new “prison-like” Nicolson Institute goes into lockdown

A lack of ventilation halted some attempts to organise classes on the first day of term at the new Nicolson Institute.

Pupils and teachers were left drenched in sweat and a temperature of nearly 30 degrees was recorded in one classroom.

One staff member, who asked not to be named, said many pupils complained of the heat and feeling claustrophobic as safety bars had been erected which she said gave an “unfortunate prison-like feel” to the school.

It was also claimed that the school went into a kind of “lockdown” at lunchtime and intervals with pupils unable to get access to teachers and other staff because of the enhanced security measures.

One senior pupil wrote on Facebook: “Few of us actually liked our first day there. Only one tiny window can open in most classrooms. It is so stuffy it is yuck. Our teacher was so hot she was sick and so were we.”

Western Isles Council meanwhile ignored the complaints and its senior figures hailed the first day as a great success.

The new school, which is owned by a private developer and leased back to the council, cost £29 million.

Alasdair Allan takes up parents’ concerns on school buses

Press Release

Na h-Eileanan an Iar SNP MSP, Alasdair Allan, has today sent a supportive message to parents concerned about school transport in the Western Isles. A number of parents have contacted Dr Allan unhappy about the Comhairle’s proposal to limit further the number of pupils who qualify for free transport to schools, and to charge for those living above the statutory distances of 2 miles for primary and 3 miles for secondary pupils.

Alasdair Allan commented:

“There is clearly great unease about road safety in many parts of the islands, where children have to use roads which do not have footpaths or pavements. A number of parents have been in touch with me about this issue in recent days, and I have taken up their concerns with the Comhairle, as, I know, have a number of councillors.

“I intend to meet soon with a number of affected parents and pursue this issue further, as it does strike me that parents’ views have not been fully considered. I hope that the suspension of these new rules until October will allow time for fuller consideration of parents concerns.”

Parents will march to protest school bus increases


Click arrow above to hear Kristeen Munro explain their anger

Parents around the islands have reacted furiously to a letter from Western Isles Council telling them about changes to rules which will mean fewer pupils will qualify for free travel to school and the doubling of charges for those who must pay.

There is anger that a letter dated July 26 only reached the parents yesterday (Monday) – just three days before the new term begins.

Council letter arrived on Monday

Now a protest march has been organised for Wednesday afternoon to the council headquarters and about 100 parents have already indicated they will take part.

Mother-of-three Kristeen Munro said it was a disgrace that parents were only told of the changes the same week that the schools go back after the summer holidays. She was told that her son who attends the Nicolson Institute is no longer entitled to a free bus pass, although space permitting, he may be taken on the bus if he carries a pass costing £100.

She said: “Another huge concern is that where I live in Newmarket there are no pavements down Bakers’ Road or down Benside so it is not safe for them to walk there in the kind of weather we get here when they are liable to be blown into the road.
“I have brought this to the attention of the council but they are really not interested.”

Mrs Munro said her own councillor, Gordon Murray, was 100 per cent behind the parents and they had been informed that Alasdair Allan MSP and other councillors were prepared to take their case officially to the local authority to try and force a climbdown.

The parents are also unhappy about council assurances that parents who cannot afford the new charges will be helped. She said it merely stated that recipients of a council clothing grant may be entitled to help but that it wasn’t definite.

The protest march is due to leave the South Beach car park at 3pm on Wednesday and then walk to the council.

Western Isles Council has not responded so far about the parents’ protests.

A glimpse of the new Nicolson

The new Nicolson Institute in Stornoway was handed over by the Irish contractors to the Scottish facilities manager on Monday ahead of the new school term on August 16.

With a school roll of 1,100 pupils, the new Nicolson Institute is the largest secondary school in the islands and is adjacent to the existing site on Springfield Road in  Stornoway.

While the old school consisted of several buildings spread over a large, disjointed campus, the new school, a snip at a capital construction cost of £29 million, is a single new-build providing more than 13,500 sq metres of floor space. The campus also includes the retained C-listed Pentland Building and the B-listed Matheson Hall which have been extensively upgraded and refurbished to provide Craft Design and Technology and Information and Communication Technology facilities  – the ICT hub will also provide centralised services to all schools in the Western Isles.

A second phase of works, to demolish the old school and build a bus and car park as well as a full-size grass pitch, will begin in mid-August for completion in January 2013.

The new Nicolson Institute is the fifth of the six schools in the £125 million Western Isles Schools Project (WISP) to be handed over on time and budget following Point, Balivanich and West Side Primary Schools as well as the first phase of the Sir E Scott School in Tarbert.

Councillor Norman A MacDonald, the comhairle convener and chair of Sgoiltean Ùra, said: “We are delighted that FMP [the main contractor] have maintained their 100% success rate in the delivery of the new schools. All of the schools have been delivered on time and on budget and is a testament to their collaborative working methods and demonstrates that even in remote locations such as the Western Isles, joint project delivery and a desire to succeed can deliver real achievements.”

Cllr Angus Campbell, the leader of the comhairle, added: “The new Nicolson Institute is the largest single part of the hugely successful new schools programme. I am confident that these new schools will demonstrate that putting quality education in quality buildings will allow us to enhance our tremendous record of the highest educational attainment right across these islands.”

Sgoiltean Ùra is the Special Purpose Vehicle established to design, procure, build and maintain the schools on behalf of the comhairle. Faithful + Gould are retained by Sgoiltean Ùra to provide project management and cost consultancy advice. FMP is a joint venture entity comprising three Irish contractors Farrans, H&J Martin and Patton. Stirling-based FES FM Ltd is the facilities management contractor which will maintain all the WISP schools until 2039.

The design team comprises 3DReid (Architects), Goodson (Civil and Structural), Wallace Whittle (M&E) and TGP Landscape Architects.

Western Isles children are suffering “corporate abuse”

3 Kyles Flodda
Isle of Benbecula
HS7 5QR

13 June 2012

Dear Sir/Madam

Process of School Closures – Corporate Child Care Abuse

The chronology of actions, and counter-action, in the matter of school closures, leaves me feeling utterly despondent in terms of the undoubted impact of both psychological and emotional damage now being inflicted on the children and families caught up in this maelstrom of decision-making.

The report by the CEO of the CnES to today’s Education Committee, refers to these critical timelines:

14 January 2011
Scottish Ministers confirmed that closure would not be permitted, for varying reasons, in respect of the four schools.

8 February 2011
Chief Executive requested to seek Senior Counsel’s Opinion on the legal aspects of Scottish Ministers’ determination, and the possibilities for Judicial Review of these determinations.

29 and 31 March 2011
Education and Children’s Services, and Policy and Resources, Committees, and the full meeting of the Comhairle, note the terms of Senior Counsel’s Opinion, authorise the Chief Executive to seek further discussions with Scottish Government and, in the event that these discussions were not productive, delegate authority to the Chief Executive, in consultation, to instigate proceedings for Judicial Review.

19 July 2011
Petitions for Judicial Review lodged by the Comhairle with the Court of Session.

13-14 March 2012
Hearing of the Comhairle’s application for Judicial Review before Lord Brailsford, in the Court of Session.

6 June 2012
Lord Brailsford’s Opinion issued.

Over 16 months have elapsed since the original decision of the Scottish Ministers stated that the closures of the four schools would not be permitted. I fail to understand how it took nearly 4 months from CnES Committee decisions on 31 March 2011, to 19 July 2011, for the Petition to be lodged with the Court of Session. Another 8 months then passed until the Judicial Review (13-14 March 2012), and then another 3 months until we have a legal decision from his Lordship, which we hear is subject to appeal by the Scottish Govt by the 27th June, and which the CEO of the CnES may then challenge! Has this process no ending in sight?

From today’s report to Committee:

7.4 It is recommended that authority be delegated to the Chief Executive to take such further incidental actions as may be necessary to conclude the action and, in the event that an appeal against Lord Brailsford’s decision is lodged, to defend any such appeal, following discussion with the Leader, Convener, and Chairman and Vice-Chairman of the Education and Children’s Services Committee.

Do our elected Members, Officers, and those of the legal fraternity have any consideration towards, or understanding of, the untold psychological damage now being inflicted on the children still being educated at the four schools in question now again threatened with closure (or perhaps not?)?

When you start digging a hole it is sometimes pertinent to a consider when you should stop digging and consider all of the consequences, for all parties concerned. I get the distinct impression that the Comhairle is now so deeply and obstinately entrenched in its stand-point, that it is now only about “winning” or “losing”, and that the children being educated, and their parents, and of course all the teachers, are mere bystanders, left more perplexed than ever.

I recommend that the parents of children in the schools affected should now consider a formal complaint to Scotland’s Commissioner for Children and Young People, Tam Baillie, on the grounds of “corporate abuse”. They find themselves, through no fault of their own, in a never-ending intolerable legal wrangle, which will inevitably adversely effect their social, educational and psychological well-being, now and well into their future adult lives.

Yours faithfully

Andrew Walker