Judge dismisses college board’s unlawful removal claim

Lord Clark said board members failed to understand their collective responsibility. As a result, then-Education Secretary, Angela Constance’s decision to dismiss the entire board was deemed reasonable.

The ruling concluded: “The decision of the cabinet secretary to remove the board members was entirely within the range of reasonable responses under the statutory provisions.

“The immediate bringing into effect of the order does not display any wrong or vindictive motive by the cabinet secretary.”

The case was brought to court by the Educational Institute of Scotland (EIS) teaching union, which challenged Ms Constance’s decision on behalf of member Peter Laverie.

It argued he was democratically elected by staff to represent the board’s interests and that he should not have been removed.

The outcome of the case means he cannot hold a similar position again, which his lawyers argued breached his human rights.

They told the Court of Session that the decision prejudiced him and was contrary to natural justice.

Reasons for dismissal included breaching of expenses in legal actions, “difficulties” between the board and students, “improper” delegation of responsibilities to one member and failure to timeously replace a branch secretary.

Ruling that the decision was not “irrational”, Lord Clark added: “The simple reality is that those who serve on boards of management of this kind, which have important public responsibilities and duties, must recognise they expose themselves to collective responsibility for the board’s performance.”