School governors threatened with libel action

The chairs of governors of four rural primary schools in Ceredigion have been threatened with being sued for defamation after they claimed in a letter to the council's cabinet that senior officers had "misled" councillors.

In September, Ceredigion's cabinet supported recommendations to formally consult on the closure of the four schools in the villages of Borth, Ponterwyd, Llanfihangel y Creuddyn and Llangwyryfon.

In December this decision was reversed and an informal consultation is now being held.

This followed a legal challenge by parents at the schools to the cabinet's original decision and the process it had followed.

The chairs of the governing bodies and Ceredigion council have been asked to comment.

In a letter dated 1 December the chairs of the governing bodies claimed that the cabinet's decision in September was the "direct result of misrepresentations made to you by Barry Rees and Eifion Evans".

Eifion Evans is the council's chief executive and Barry Rees is the corporate director.

The letter says that, at the September meeting, when asked if the correct legal process had been followed prior to launching the formal consultation, "Mr Rees and Mr Evans both stated that assurances had been received that this was the case, indeed stating that a 'seal of approval' had been given."

Ceredigion council has released an email exchange with a Welsh government official in which a council officer asked if the process it was following complied with the requirements of the statutory School Organisation Code.

In their reply, the Welsh government official wrote "I can see that you are complying with Section 1.8 and making a proposal to the decision makers before going to consultation."

In the meeting in September the senior officers told councillors that this was assurance from Welsh government that the council was following the correct procedure.

However, later in the email the Welsh government official also writes "Please note that these are personal points and I can't make any legal comments, I've only been able to have a quick look but hope this helps."

Because of this comment, the chairs of governors say in their letter to councillors in December that the correspondence between the council and the Welsh government officer was "limited and informal" and that senior council officers should not have taken it as assurance.

The governors also refer to a letter from the Welsh government's education secretary, Lynne Neagle, in which she says that "the Welsh government does not certify or approve any possible proposal to reorganise schools."

The schools' governors go on to say: "These misrepresentations and their consequences hugely undermine our trust and the trust within our communities in the leadership of the council."

They also add that the cabinet's decision in September was "the direct result of being misled by officers", and they call for an independent investigation and a "a clear process for rebuilding trust, and removing senior officers that lie or mislead".

In the letter sent to the chairs of the governing bodies, Mark Powell KC says that their letter has the potential for causing severe reputational damage to the officers in question and also "renders you liable for a claim for substantial damages for damages which would lie against you personally".

Mr Powell writes that "no misrepresentation took place" and says the allegations made by the chairs of governors were "unfounded" and made "without a scintilla of proof".

He added that if the chairs of governors were to be sued they would not be covered by any insurance arising from their position as governors, and said that their suitability as governors could be called into question.

Mr Powell ends his letter by saying "There must be no more repetition of these allegations… to avoid the necessity of a claim for defamation against you."

The letter from the KC has been sent to the chairs of governors, and copied to the leaders of the council's political groups and cabinet members.