CEC v ESP Financial Settlement – Nov 2018

All – an update specifically relating to a report published today by CEC around Oxgangs PS building issues over the last 2 years. The report is not too long a read, but I’ve summarised some of the main points from it and added my own commentary below. Click for the report here .Item_7.20___Edinburgh_Schools_Partnership_Settlement

The Finance and Resource Committee of City of Edinburgh Council (CEC) have today been sent a report into the financial dispute between CEC and Edinburgh Schools Partnership (ESP) dating back to the time of the wall collapse in Jan 2016. As a reminder, ESP is the company that is the financial owner of the school building and leases it back to CEC.

As many will recall, there was significant costs to CEC resultant from the wall collapse. Children had to be put into other schools, buses had to be laid on, After School Club had to be recompensed for lost income, staff costs, etc, school meals had to be paid for, the building itself needed to be fixed, and so on and so forth. Quite a large sum. CEC and ESP have been in dispute for the last 2 years over what monies are due from ESP relating to the costs of this, and who is responsible for what.

The report is to go before the Finance & Resource Committee 3pm on the 4th December and seek the committee to authorise that the Chief Executive of CEC can enter into a financial settlement between CEC and ESP. The actual sum paid will remain confidential between CEC and ESP, but the key thing is that the sum retained by the council is greater than the costs incurred. This seems reasonable enough. Be nice to know the sum, but at least we know CEC have not been left out of pocket.

“Accordingly, the overall sum retained by the Council exceeds the associated closure related costs and this is in addition to the significant benefits of clarified reporting obligations, additional inspections, continuing good relationships, additional opening hours for the facilities and the avoidance of costly litigation for both parties.”

As part of the settlement, there will also be quarterly independent inspections put in place – the first of these inspections must be complete by 31 December 2016. All these reports should be made publically available. This is good, but is surely something we should expect anyway!! Still, ESP are paying for it. Rightly.

“This new regime includes quarterly checks on Amey’s monitoring of, and compliance with, the contract, coupled with random or targeted sampling of the works and services undertaken by Amey. This will all be at ESP’s expense. The Council will be a joint client, entitled to access to the reports at the same time as ESP. The first such inspections will be by 31 December 2018.”

The report also re-states that all remediation works should have been carried out at no expense to CEC – a very significant cost. It also confirms fire protection remediation work is complete.

“All structural and other defect rectification works will have been carried out at the sole expense of ESP or their subcontractors. It is understood that the cost of this is very significant.”

There is also mention of ESP agreeing to open the PPP1 buildings for longer hours for sports & other activities at no cost to the council. This states an extra 8-9 hours per week. This needs further clarification – CEC have this year reduced the number of “free hours” available for the School/Parent Council/PTA to use for meetings and events to 32 hours per year. So will need to get more detail to understand if this helps us at Oxgangs.

“ESP will agree to open the PPP1 buildings for longer hours at no cost to the Council on an ad-hoc basis to allow the PPP1 buildings to be used for sports and other activities (approx. an extra 8-9 hours per week).”

Overall, seems a reasonable settlement between CEC and ESP. Any questions, do let me know and I can see if can get any further clarification. I don’t think I’ll be able to get the amount the settlement is though – unless someone leaks it!

Summer Maintenance Programme at Oxgangs PS

As discussed at the public meeting held at Oxgangs in May with CEC and Amey, it was agreed that Amey would publish a list of ongoing works and status updates on such. This list contains a list of both completed works, and planned works to address the issues found in the recent building surveys.

There will be work ongoing at the school during the summer holidays.

You can download the Excel spreadsheet here : Oxgangs PS Summer 2018 Works Schedule.


Final Hardies Building Survey report – 30 April 2018

Follow the link for the final version of the Hardies Building Survey  report. This has had Appendix E added which is the Mechanical & Electrical report.  report. Click here to view the document : BS006 – Oxgangs Primary School (Condition Report)

This report will be referenced at the School meeting about the Building on Wednesday 2nd May 7pm-8.30pm.

The report contains :

  • Hardies Report
  • Summers Inman Ceiling Condition Report
  • Pendriech Height Services Roof Report
  • RSE Consulting Engineers Mechanical & Electrical Report
  • HSE Report

Building Update – Hardies Survey 25 Apr 2018


I have the first draft of the Hardies survey report of Oxgangs PS conducted over the Easter holidays. You can find it in the link below or as the attachment.
The report is still awaiting the inclusion of the M&E (Mechanical & Electrical) items which was being conducted separately by RSP Consulting Engineers. Peter Watton from CEC was keen to share the draft version given it had been promised before now.
I haven’t had a chance to read it fully as yet as it is 58 pages long and just received it, but thought important you all got the chance to see it as soon as.

BS006 – Oxgangs Primary School (Condition Report)

School Building Update – 16 April 2018


The following contains the link to the letter from Hardies that gives a high level summary of the condition inspection last week. Click here to read :  Hardies letter.

The covering email that came with the letter was as follows :

“Pupils will return to Oxgangs Primary School as normal tomorrow (17 April) following their Easter break.

The building was given the all clear following a full independent condition survey of the school, commissioned by the Council following the discovery of faults on the roof and in suspended ceilings. We have received verbal feedback on the condition survey and have received a letter of comfort from the surveying company that no immediate concerns were identified.  A full report is expected to follow this week. This will be shared with local councillors, the Oxgangs Head Teacher and Parent Council Chair as soon as possible.

Previous checks, prompted by incidents earlier this year involving loose roof flashing and internal ceiling tiles, revealed that the Edinburgh Schools Partnership (ESP), the body responsible for building, maintaining, and operating the city’s 17 PPP1 schools on behalf of the Council, had failed to carry out adequate repairs.  These works were carried out by ESP last week and, following thorough and robust inspections, the Council has confirmed that these have now been completed to a satisfactory standard.

Lindsay Glasgow
Strategic Asset Management Senior Manager
Resources: Property and Facilities Management
City of Edinburgh Council