Question reference: S5W-35355
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
- Date lodged: 19 February 2021
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Current status: Answered by John Swinney on 1 March 2021
Question
To ask the Scottish Government whether there is a statutory requirement for (a) schools and (b) school staff to be politically neutral.
Answer
The Local Government and Housing Act 1989, as amended identifies a number of politically restricted posts within a local authority. The restrictions take the form of terms and conditions that are deemed to be incorporated into those officers' terms of appointment and conditions of employment. They include: not announcing themselves as a candidate for a Parliamentary or Local Government election; not being an election agent; and not being an officer of, or canvassing on behalf of, a political party. Full details are in the Schedule to The Local Government Officers (Political Restrictions) Regulations 1990 (legislation.gov.uk) , as amended by The Local Government Officers (Political Restrictions) Amendment Regulations 1998 (legislation.gov.uk) to include the Scottish Parliament.
The 1989 Act further identifies certain categories of post deemed to be politically restricted on the basis of one or more defined characteristics and introduced the requirement for every local authority to prepare and maintain a list of such posts. There are two exemptions from political restriction provided by statute. One of which is the holders of teaching posts (head teachers, principals, teachers and lecturers) are not to be regarded as being in politically restricted posts. They, therefore, do not have to be included in the list of such posts maintained by the local authority.
The vast majority of school staff will not be politically restricted but there may be exceptions and if any member of staff is thinking of engaging in political activity they should check their position with their local management team. If they dispute a direction they may approach the Local Government Political Restrictions Adjudicator for Scotland who will adjudicate in such cases.
There is a Code of Professionalism and Conduct which sets out key principles and values for all teachers registered with the General Teaching Council for Scotland. Within this document there is a requirement that teachers must uphold standards of personal and professional conduct, honesty and integrity so that the public have confidence in them as a teacher and teaching as a profession.