Mull Campus Working Group Ltd – a company formed to campaign for a centrally located 2–18 school – argued that the council had failed to properly consider new information and had not adequately consulted the community before choosing Tobermory South as its preferred location. The group wanted the court to order the council to revisit the decision.

However, Lord Cubie ruled that the council had followed a fair and intelligible process and that the decision fell squarely within its powers as the local education authority.

The council has been working to replace the existing Tobermory High School, which was rated “C – poor suitability” under its 2020–2030 learning estate strategy. Some pupils currently board on the mainland due to travel distances.

Following community engagement in 2022, most respondents favoured a “split‑site” model, retaining early years and primary provision in Tobermory while locating the high school more centrally. Despite this, the council opted to pursue a single‑site campus and secured a place in Phase 3 of the Scottish Government’s Learning Estate Investment Programme.

In March 2025, councillors selected Tobermory South as the preferred site after a scoring exercise. Shortly afterwards, the owners of the second‑ranked site at Craignure offered to gift their land to the council. Supporters of a central location argued this should have triggered a fresh assessment.

The court found no fault in the council’s handling of the late offer. Lord Cubie said it was reasonable for officers to note that the proposal required further work and was not in a form that could simply be accepted. He added that the council was entitled to continue comparing sites on the same basis rather than reopening the process.

On consultation, the judge said there was no legal requirement for the council to carry out additional engagement on the shortlisted sites, nor did the strength of local feeling create a duty to do so.

Lord Cubie concluded that the council’s approach was “intelligible” and within its statutory remit, dismissing the petition in full.

Find a full case report via Scottish Legal News.