The scandal involving the structural safety of a number of schools across Edinburgh could lead to court action, it has emerged…
A number of schools built by The Edinburgh Schools Partnership (ESP) via a public-private partnership (PPP) were closed last month following concerns about the structural safety. Now, it has emerged that court action and even criminal prosecutions could be forthcoming as a result of the issues.
The schools were built by Miller Construction, which was acquired by Galliford Try in 2014. The City of Edinburgh Council ordered the schools to close after structural problems were identified at Oxgang and St Peter’s primaries. Since then some 140 busloads of pupils have been forced to travel the capital each day due to these faults, costing in excess of £40,000 per week.
An inquiry into what went wrong will start on 17 August, with councillors and officials already calling for discussions on whether there was negligence or risk to health and safety. Compensation for parents who have incurred extra costs as a result of travel could also be on the table.
Speaking to The National, Councillor Alasdair Rankin, convener of the authority’s powerful finance and resources committee said: “We are looking at all the legal aspects to the fullest extent of the law, and depending on what the inquiry reveals, appropriate action will be taken.”
A report into the schools scandal was published yesterday. It highlights the wall ties that failed at Oxgangs Primary in January and led to the closure of 17 schools.
The report states: “In 2012, Lourdes Primary in Glasgow, which was built by Miller, was closed as a result of similar issues with wall ties.
“As a result of this discovery, Glasgow City Council commissioned structural surveys on all schools built by Miller, which revealed no further defects.
“The council was not alerted to this at the time. It is understood in light of the findings in Edinburgh, councils across Scotland are undertaking surveys, including in some cases intrusive surveys, on their PPP school estate.”
The council report added: “Early indications are that this remains a construction-quality matter as opposed to one relating to a design defect or the operating model employed.
“The position taken by this council differs to that taken by some other authorities. It is important to note that in this regard problems were identified by ESP across its entire estate and ESP confirmed in writing that the schools could not be considered safe.
“In addition there was an actual wall collapse which is not the case elsewhere.”
Part of the issue stems from the fact that while council building control officers reviewed the applications for the building warrant, the builders were able to self-certify structural design. A final inspection was carried out before building warrants were issued.
The report stated that: “Those final inspections would not have identified defects of the nature being discussed because those areas would have been covered up at that stage.”
An independent chair has yet to be assigned for the inquiry.
