Complaint
A member of the public made a complaint as consultation documents proposing to increase the number of places for pupils in two English medium primary schools did not consider the impact of the proposal on the Welsh language, nor did they consider the impact on the nearest Welsh-medium primary school.
The complaint created suspicions that the consultation was in breach of the Welsh Language Standards (standards 91 to 93) and therefore the Commissioner opened an investigation into the matter.
Context
The Welsh Language Standards (standards 91 to 93) are imposed on all local authorities, and apply to consultation documents published.
If a local authority publishes a consultation document, the document must consider the effect of the decision on the Welsh language. The document must also seek the views of those responding to the document on the impact on the Welsh language.
If the decision is likely to have a positive or a negative effect on the Welsh language, the document must consider and then seek views on how the decision can be made so that it would have a more positive impact, or how the decision can be made so that it would have a less negative impact.
The School Organisation Code also places requirements on local authorities in relation to the Welsh language when they consult on proposals to reorganise schools.
The requirements of the Code are additional and different to the requirements of the Standards. Complying with the requirements of the Code is not usually sufficient to comply with the requirements of the Welsh Language Standards.
The findings of the investigation
Consultation documents on school reorganisation, English medium and Welsh medium, must consider the effect of the proposal on the Welsh language, and seek the views of those responding to the consultation.
In this case, the local authority acknowledged immediately that the consultation document had not done so at all, and therefore had failed to comply with the Welsh Language Standards.
The local authority decided to re-consult on the proposal, ensuring that the documents complied with the Welsh Language Standards. The local authority also decided to amend its processes of preparing consultation documents to ensure compliance in the future.
What must be done to comply?
Consultation documents on school reorganisation should:
- Consider the impact of the decision on the Welsh language, even if the decision relates to the reorganisation of English medium schools
- Consider the impact of the decision on Welsh medium education
- Consider the impact of the decision on the Welsh language in other contexts (e.g. community use, social infrastructure, use of Welsh in the workplace etc)
- Include a specific section on the effects on the Welsh language and/or include a language impact assessment
- Include specific questions about the respondent’s opinion on the potential impacts of the decision on the Welsh language
- Include specific questions about the respondent's opinion on how to make or modify the decision so that it has a more positive impact on the Welsh language
- Include specific questions about the respondent’s opinion on how to make or modify the decision so that it has a less negative impact on the Welsh language
Further information
This matter is relevant to standards 91 to 93 of the Welsh Language Standards Regulations - No. 1. Read our Code of Practice and our advice document on the policy making standards to learn more.