Page last updated at 15:06 GMT, Friday, 12 September 2008 16:06 UK

Couple win school of choice right

East Lothian Council
East Lothian Council has confirmed it has lost its appeal

A court has upheld the right of a Musselburgh couple to send their children to the primary school of their choice.

East Lothian Council had told the parents that under government guidelines the primary class was full.

However, last month Haddington Sheriff Court issued a judgement in favour of the parents.

The council opted for a judicial review at the Court of Session, but it emerged on Friday that it had lost its appeal.

The father, who cannot be identified for legal reasons, told BBC Scotland the experience had been "stressful".

Non-district school

He said: "I'm very pleased by the decision, very relieved it's all over and my children will start school next week.

"We're also very thankful for the support we've received from friends and family and our lawyer Eric Scott."

An East Lothian Council spokesperson said: "A judicial review held in Edinburgh on Thursday and Friday has upheld Sheriff Miller's decision in the case of KJD and SED against East Lothian Council, regarding their request for places at a non-district school.

"East Lothian Council does not intend to appeal this judgement, and consequently in this particular case, the children will be allowed to attend the school of their choice.

"This will result in a primary one class in East Lothian exceeding 25 pupils."

The family first applied for places at the school in November last year and court action began in May.

A Scottish Government spokesman said: "The Scottish Government needs to consider the written judgment before assessing the impact on policy."


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