5.14.27 At the CIMT meeting on 28th April 2016 it was reported that the four Stage 2 schools would be reoccupied on Tuesday 24th May 2016, subject to all remedial work being complete and the resolution of the issues in relation to the production of satisfactory documentation to provide the required assurances.
5.14.28 In this regard, it was reported that the first of the several structural reports that were required by the City of Edinburgh Council, that for Oxgangs School, had been provided by Galliford Try. It was noted at the meeting that the first three paragraphs within the Report were confidentiality clauses. This was irrespective of the fact that, besides the fundamental requirement to provide evidence to the City of Edinburgh Council of the adequacy of the work undertaken, one of the main reasons for the urgency in seeking the reports was to be able to publish them to parents in advance of reoccupation of the schools.
5.14.29 It was also reported at the meeting that during the previous week, the Chief Executive of the City of Edinburgh Council had attended a meeting with Directors of the Scottish Office who had asked if the UK Government required to be advised of the nature and extent of the defects that had been discovered. The Chief Executive had explained that whilst the information currently available was insufficient for him to be definitive, the evidence would suggest that the problems identified could be generic in nature and that this fact would be explored as part of an Independent Inquiry.
5.14.30 On 28th April 2016, ESP wrote to the City of Edinburgh Council in relation to their proposed approach to the resolution of the reported defective wall construction aimed at achieving early re-occupancy of some of the Phase 1 schools. The letter contained the following paragraphs:
"In seeking to fulfil that aim, (the resolution of the issues that had arisen following the Oxgangs wall failure) Will Rudd Davidson have been liaising with Harley Haddow, Goodson Associates and the Council's engineers, Scott Bennett Associates to obtain assurances as to the structural integrity of the Project Schools.
We are pleased to report that following a robust risk-based assessment of the Project Schools, Will Rudd Davidson have now confirmed that, subject to agreed exclusion zones being put in place, the following Project Schools are from a structural perspective safe for normal occupation until up to the end of August 2016:
Craigour Park Primary School
Pirniehall Primary School
Broomhouse Primary School & St. Joseph's Primary
Craigmount High School
Rowanfield Special School
Forthview Primary School
Craigroyston Primary School
Goodtrees Neighbourhood Centre
We understand that your engineers, Scott Bennett Associates, agree with the foregoing assessments. In the circumstances, we should be grateful if you would confirm that pupils of the above Project Schools will be returning to their own schools as soon as possible."
5.14.31 A construction programme provided by ESP with this letter was based on the adoption and implementation of the 'amber' rather than the 'green' solution that had been requested by the City of Edinburgh Council.