In a letter seen by the Local Democracy Reporting Service, Labour councillor Lawrence Fitzpatrick branded the First Minister’s comments “disingenuous and deeply unfair.”
West Lothian Council’s leader has called on Scotland’s First Minister to apologise for his remarks on budget decisions made in Livingston last week.
John Swinney told the parliament that the council was not “ following statutory guidance” on nursery places.
In a letter seen by the Local Democracy Reporting Service, Labour councillor Lawrence Fitzpatrick branded the First Minister’s comments “disingenuous and deeply unfair.”
In his letter to Mr Swinney, Councillor Fitzpatrick said: “I was perplexed and extremely disappointed to listen to you tell the Scottish Parliament last week that West Lothian Council is ‘not following the statutory guidance in place’ in relation to West Lothian Council and cross boundary nursery funding.
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“I would request that you issue an apology to both this Administration and our council officers at the earliest opportunity.”
Councillor Fitzpatrick, who leads the minority Labour- led administration, pointed out that SNP members of the council did not oppose proposed changes to cross-boundary funding arrangements in its own budget proposals. He added that Edinburgh’s council has pursued a similar policy.
In his letter the council leader said: “Scottish Government officials confirmed to the council (26/2/26) ‘We appreciate that there are no statutory duties on cross-boundary provision and statutory guidance notes that delivery to cross-boundary children should be provided on the same basis as local residents, where possible.’”
“Yet, you, the First Minister of Scotland, (26/2/26) misleadingly told the Scottish Parliament that: ‘Statutory Guidance is clear that families accessing cross boundary placements should be treated on the same basis as families accessing provision locally, so West Lothian Council is proceeding, a Labour- led Council is proceeding, to not follow the statutory guidance in place.’”
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Councillor Fitzpatrick added: “The context to our change is, of course, the continued insufficient level of funding provided to this council by your Government. Councils the length and breadth of Scotland – including SNP councils – face extremely difficult decisions, as we do here in West Lothian.
“I therefore believe your comments relating to our funding and our ability to deliver local services are disingenuous and deeply unfair.
“With the ongoing financial challenges faced by the council, this recent decision was based on the need to prioritise West Lothian Council resources for West Lothian’s children and families.
“Rest assured, our officers are fully committed to supporting any transition arrangements should families consider a move to one of our council establishments.
“I would ask that you issue an apology to West Lothian Council at the earliest opportunity.”
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A spokesperson for the First Minister told the LDRS: “The First Minister will respond to Mr Fitzpatrick’s letter in due course.
“The First Minister is very clear that he expects all councils to deliver the 1140 hours expansion policy and ensure that families receive the support they are entitled to. It is concerning to see decisions being taken locally that could reduce flexibility and choice.
“While the statutory guidance recognises that there may be some instances where local authorities judge that a cross-border placement is not possible, the guidance is clear that the principles of Funding Follows the Child should be followed to accommodate such requests in the best interests of affected children and families.
“Families and nursery providers have raised significant concerns about West Lothian Council’s approach with Scottish Ministers, and it is important for Ministers to directly represent the strength of those concerns.”
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