AS more than 140 busloads of pupils are forced to cross the capital each day due to the construction faults at their schools, The National can reveal that Edinburgh Council’s inquiry into the scandal will involve questions that could lead to court action and perhaps even criminal prosecutions.

The inquiry will begin on August 17. And though an independent chairman has yet to be appointed, councillors and officials are demanding that it should examine issues of possible negligence and alleged health-and-safety failures.

Meanwhile, council sources have confirmed that the ongoing pupil relocation exercise is costing in excess of £40,000 per week, money that is being withheld from the £1.5 million monthly payment which the council makes to the Edinburgh Schools Partnership (ESP), the joint-venture company which manages the Public Private Partnership project that built and maintains the schools.

The National can also reveal that the council is to fully examine the question of compensation for parents who have incurred extra costs.

“We are looking into that,” said Councillor Alasdair Rankin, the convener of the authority’s powerful finance and resources committee, “and it is not clear at the moment.

“However, I can assure you that the council will fully enforce the terms of the contract, and I can say there are other questions outstanding.”

It has already been revealed that the council and the ESP were not told by Miller Construction – now part of global development firm Galliford Try – about a similar problem in a school in Glasgow four years ago.

Now legal experts are investigating which school building regulations and health-and-safety legislation apply to the Edinburgh schools’ problems, and The National understands that council officials are checking on all legal issues surrounding the school closures.

A council spokesman said: “Ultimately it will be for the independent chairman to determine the scope of the inquiry. However, we would expect all aspects of the closures to be considered.”

Emphasising that the independent chairman will be responsible for recommending any action, Rankin said: “We are looking at all the legal aspects to the fullest extent of the law, and depending on what the inquiry reveals, appropriate action will be taken.”

The report into the schools scandal going to the council’s corporate policy and strategy committee was published yesterday. It identifies the problems with wall ties that failed on January 29 at Oxgangs Primary, leading to the closure or partial closure of 17 schools.

The report states: “In 2012, Lourdes Primary in Glasgow, which was built by Miller, was closed as a result of similar issues with wall ties.

“As a result of this discovery, Glasgow City Council commissioned structural surveys on all schools built by Miller, which revealed no further defects.

“The council was not alerted to this at the time. It is understood in light of the findings in Edinburgh, councils across Scotland are undertaking surveys, including in some cases intrusive surveys, on their PPP school estate.”

A spokesman for ESP said last night: “I can confirm that Edinburgh Schools Partnership was not told about the [Glasgow] situation.”

The council report is specific on the underlying cause of the scandal, stating: “Early indications are that this remains a construction-quality matter as opposed to one relating to a design defect or the operating model employed.

“The position taken by this council differs to that taken by some other authorities. It is important to note that in this regard problems were identified by ESP across its entire estate and ESP confirmed in writing that the schools could not be considered safe.

“In addition there was an actual wall collapse which is not the case elsewhere.”

Alternative accommodation has involved the use of more than 70 coaches daily for pupils to go to and from their schools to 61 alternative schools, including nurseries and early-years centres, and the relocation of 655 teachers.

The report said: “The longer the temporary arrangements remain in place, the more significant the challenges will become, for example to make sure pupils have access to all parts of the curriculum.”

The report confirms that council building control officers reviewed applications for building warrant for the schools but that the builders had the right to self-certify structural design.

The report says the council periodically inspected the work during construction to be satisfied that it was carried out in accordance with the drawings and specifications included in the issued warrant.

Final inspections were carried out before building warrants were issued. But the report said: “Those final inspections would not have identified defects of the nature being discussed because those areas would have been covered up at that stage.”

Galliford Try acquired Miller Construction in 2014.

A Galliford Try spokesman said: “The events at Lourdes Primary School took place in 2012, two years before the acquisition of Miller Construction. The issue was addressed at the time to the satisfaction of Glasgow City Council and was a matter of public record.”

Asked about the council’s investigation of legal issues, she said: “We would not comment on speculation.”

As more than 140 busloads of pupils are forced to cross the capital each day due to the construction faults at their schools, The National can reveal that Edinburgh Council’s inquiry into the scandal will involve questions that could lead to court action and perhaps even criminal prosecutions.

The inquiry will begin on August 17, and though an independent chairperson has yet to be appointed, councillors and officials are demanding that the inquiry should examine issues of negligence and alleged health and safety failures.

Meanwhile council sources have confirmed that the ongoing pupil relocation exercise is costing in excess of £40,000 per week, money that is being withheld from the £1.5m monthly payment which the council makes to the Edinburgh Schools Partnership (ESP), the joint venture company which manages the Public Private Partnership (PPP) project that built and maintains the schools.

The National can also reveal that the council is to fully examine the question of compensation for parents who have incurred extra costs.

“We are looking into that,” said Councillor Alasdair Rankin, the convener of the council’s powerful finance and resources committee, “and it is not clear at the moment.

“However I can assure you that the council will fully enforce the terms of the contract, and I can say there are other questions outstanding.”

It has already been revealed that the council and the ESP were not told by Miller Construction – now part of global development firm Galliford Try - about a similar problem in a school in Glasgow four years ago.

Now legal experts are investigating which school building regulations and health and safety legislation applies to the Edinburgh schools’ problems, and The National understands that council officials are checking on all legal issues surrounding the school closures.

A council spokesperson said: “Ultimately it will be for the Independent Chair to determine the scope of the Inquiry, however we would expect all aspects of the closures to be considered.”

Emphasising that the independent chair will be responsible for recommending any action, Cllr Rankin said: “We are looking at all the legal aspects to the fullest extent of the law, and depending on what the inquiry reveals, appropriate action will be taken.”

The report into the schools scandal going to the Council’s corporate policy and strategy committee was published yesterday. It identifies the problems with ‘wall ties’ that failed on January 29 at Oxgangs Primary school, leading to the closure or partial closure of 17 schools.

The report states: “In 2012, Lourdes Primary in Glasgow, which was built by Miller, was closed as a result of similar issues with wall ties.

“As a result of this discovery, Glasgow City Council commissioned structural surveys on all schools built by Miller, which revealed no further defects.

“The Council was not alerted to this at the time. It is understood in light of the findings in Edinburgh, Councils across Scotland are undertaking surveys, including in some cases intrusive surveys, on their PPP school estate.”

A spokesman for the Edinburgh Schools Partnership, said last night: “I can confirm that Edinburgh Schools Partnership was not told about the (Glasgow) situation.”

The council report is specific on the underlying cause of the scandal, stating: “Early indications are that this remains a construction quality matter as opposed to one relating to a design defect or the operating model employed.”

The report adds: “The position taken by this Council differs to that taken by some other authorities. It is important to note that in this regard problems were identified by ESP across its entire estate and ESP confirmed in writing that the schools could not be considered safe. In addition there was an actual wall collapse which is not the case elsewhere.”

Alternative accommodation has involved the use of over 70 coaches daily for pupils to go to and from their schools to 61 alternative schools, including nurseries and Early Years Centres, and the relocation of 655 teachers.

The report adds: “The longer the temporary arrangements remain in place, the more significant the challenges will become, for example to make sure pupils have access to all areas parts of the curriculum.”

The report confirms that council Building Control Officers reviewed applications for building warrant for the schools, but that the builders had the right to self-certify structural design.

The report says the Council “periodically inspected the works during construction to be satisfied that the work was carried out in accordance with the drawings and specifications included in the issued warrant.”

Final inspections were carried out before building warrants were issued but the report states: “Those final inspections would not have identified defects of the nature being discussed because those areas would have been covered up at that stage.”

Galliford Try acquired Miller Construction in 2014.

A Galliford Try spokeswoman, said: “The events at Lourdes Primary School took place in 2012, two years before the acquisition of Miller Construction. The issue was addressed at the time to the satisfaction of Glasgow City Council and was a matter of public record.”

Asked about the council’s investigation of legal issues, she replied: “We wouldn’t comment on speculation.”