HC Deb 30 May 1921 vol 142 cc592-3
66. Lieut.-Colonel HURST

asked the President of the Board of Education whether he is aware that the Board of Education has alleged that service in schools transferred by sale to local education authorities is not pensionable by reason of such schools thereby becoming new schools; whether he is aware that this allegation is wholly contrary to the past practice of the Board, particularly in its directions as to the admission registers of Whalley Range High School; if he has consulted the Law Officers of the Crown on the question; and, if not, whether he will obtain their opinion and review this matter in the interests of the large number of teachers concerned?


The question whether a school opened by a local education authority can be regarded as identical with a school previously existing under other management in the same premises is a question which can only be determined by looking at all the facts of a particular case, but primâ facie a school opened by a local education authority is none the less a new school because the authority have acquired by purchase premises in which a school was previously conducted. In reply to the second part of the question, my right hon. Friend is aware of the facts as to Whalley Range High School. The directions given in that case were the ordinary directions based on considerations of administrative and statistical convenience, and he cannot regard them as determining the new question whether a school is to be treated as a new school for the purpose of the School Teachers (Superannuation) Act, 1918. In reply to the third part of the question, my right hon. Friend has not consulted the Law Officers of the Crown, and he does not think any advantage would be gained by doing so, because each case must be considered separately in relation to the relevant facts of that case, and an opinion given on one case would be of little value in other cases in which the facts were different.


As this question involves a very large number of schools, will the President of the Board receive a deputation to discuss the very novel point of law raised? So far the Board have declined to see anybody.


I will communicate to my right hon. Friends the desire expressed by the hon. Member, but it is obvious that, if one deputation is received, deputations from others concerned in the same matter will also have to be received.