Union appeals court ruling over employing unqualified teachers

Last July, Scotland’s largest teaching union took legal action to try to prevent Glasgow City Council from appointing non-teachers to run nurseries, but lost the case.

The decision meant Glasgow City Council could continue with its plans to hire managers, rather than qualified teachers, to head nurseries.

The appeal, to be heard before the Inner House of the Court of Session, is based on the belief that the prior ruling of the Outer House of the Court of Session misrepresented a number of the union’s concerns relating to the role of nursery teachers and the status of nursery schools in law. 

Larry Flanagan, EIS general secretary, said, ‘The EIS is appealing this decision to ensure that nursery-aged children can have meaningful access to a teacher in their school environment.

‘Qualified nursery teachers are an essential part of quality education provision in nursery schools. Current provision in Glasgow, and the earlier ruling, fails to take proper account of the legal requirement for teachers to deliver education in schools.

‘While recognising the important and valuable role played by all staff in nursery establishments, the EIS is firm in the belief that the continued involvement of teachers is essential to the delivery of quality educational experiences.

‘Not only is this vital in giving young children the best start in life, but it is also what parents have the right to expect for children attending nursery schools.’

He added, ‘The Scottish government has made commitments to enhance and expand nursery education provision, and both the EIS and parents across Scotland are clear that this must mean adequate teacher involvement and the continuing employment of teachers in the nursery school environment. The Scottish government’s policy of ensuring children have "access to a teacher" is simply empty rhetoric if it has no legal enforcement.’