Press Release: Brand new, three-storey primary school building lies empty for a year because of a dispute between the DES and WBS

Press Release
10th May 2021

Brand new, three-storey primary school building lies empty for a year because of a dispute between the DES and WBS

Students and staff of Greystones Community National School in Co Wicklow are being denied access to their new school building, completed a year ago, and are being forced to continue their education in prefabs where they’ve been for six years. This is happening all because of a dispute between the DES and Western Building Systems (WBS). The cause of this dispute is unknown; it is deemed private and confidential.

“Would you be ok with your children attending school on a building site, in prefabs, even though their new school building was completed a year ago and is now lying empty? Being told over and over again that they can’t move into the new building because of a dispute between the DES and the builder?” These are the questions of a parent whose children are attending Greystones Community National School (Greystones CNS) in Co Wicklow.

This is a story that started with hope, a leap of faith and new beginnings for children, parents and teachers back in September 2015 when 20 Junior Infant “apples” started their primary school education in a newly appointed KWETB community school. Six years on, these children, now nearing the end of 4th Class, are still waiting to move into their new school building. A building that has been completed for almost a year but lies empty while they, and their younger school mates, continue to be educated in prefabs surrounded by a noisy construction site of yet more prefabs being installed for the new school year. A necessary contingency plan in case the dispute isn’t settled and they don’t get into their new building.

What has gone wrong? Why can’t the school move into the new building?
This is also a story about bad decisions and taxpayers’ money wasted. Bad decisions made by the Department of Education and Skills (DES). Decisions which include:

• Appointing the building contractor, Western Building Systems (WBS), to construct a school building for Greystones CNS when they knew they were about to embark on imminent litigation in relation to fire safety issues with other school buildings completed by WBS.
• Failing to avoid a dispute with the builder and the need for additional fire safety tests to be carried out a year after the building was completed despite implementing new measures during the Greystones CNS build to ensure correct proceedings are followed so that fire safety and structural issues that occurred in previous WBS builds are avoided.
• Failing to clearly communicate with the KWETB, Principal and parents as to why the new school building can’t be occupied.
• Hiding behind statements of privacy and confidentiality. 
• Failing to be transparent to our elected representatives or hold anyone accountable.

Taxpayers’ money wasted
Since Greystones CNS first occupied prefabs on the grounds of Greystones Rugby Club in October 2015, the DES has spent almost €1million in rent to the rugby club. This does not include the cost to the taxpayer of building and constructing the prefabs which have increased in number each year as the school grows. Money spent and wasted while a brand new, state of the art, three-storey school building lies idle.

A fabulous school continually let down by the DES
Greystones CNS is a fabulous school run by dedicated, energetic and creative teachers and staff. The children are learning in a wonderful ethos of equality, respect, care, excellence in education and community. 

But these teachers and staff continue to be treated abysmally by the DES, and the children are being so badly let down by the adults who are charged with the responsibility of offering them a safe and settled environment in which to grow and learn. 

“I have zero confidence or faith in anything the DES says. I do not accept their proposed plans and processes. I am calling for a swift and absolute result to the issue that serves the primary stakeholders in this, the children, who have been treated with utter disdain.” A parent of children at Greystones CNS.

Does the responsibility of these bad decisions lie solely with Norma Foley TD, the Minister in charge of the DES? Should we be asking what role the Planning and Building Unit of the DES has in this story? Is it this unit that makes the decisions and tells the Minister what to say and how to respond? Is this unit completely ignorant of the ramifications of its decisions?

Isn’t it time to call time on what seems like systematic failures within the DES? To demand consultation, transparency and accountability?

Not an isolated case
This is a story that is echoed around the country and not unique to Greystones CNS. A department’s consistent failure to provide adequate learning environments for the young people of this country at both primary and second level. A consistent failure to involve staff and parents about decisions being made and the consequences of these decisions. Parents and teachers who are part of the electorate body. Students and pupils who in a few years will join that electorate body. What is the DES teaching today’s children about equality, respect, care, excellence in education and community? 


Notes to Press Release

Timeline for the construction of Greystones CNS School Building

The school’s early days:

• June 2015 - School patronage awarded to KWETB
• September 2015 - 20 junior infants children start Greystones CNS in a spare classroom in Temple Carrig Secondary School, Greystones.
• October 2015 - The primary school moves into prefabs on the grounds of Greystones Rugby Club. The new school building for Greystones CNS is added to the “rapid build” plan although it takes a full three years before ground is broken.

Problems start to arise:

• Late summer 2018 - WBS awarded tender to construct Greystones CNS permanent building.
• August 2018 - WBS start construction of Greystones CNS permanent building.
• 7th September 2018 - The DES issues multiple High Court proceedings against WBS regarding fire safety issues with 42 schools completed by WBS.

Question: Why was this tender awarded to WBS when the DES knew of imminent litigation in relation to fire safety issues with other school buildings completed by the contractor? 

• Autumn 2018 - Delay to Greystones CNS build due to issues surrounding WBS.
• October 2018 - Written assurances are given by DES that new measures had been implemented which had not applied in previous WBS builds. This includes the appointment of KSN Project Management by the DES who then appointed a Clerk of Works to be on site and responsible for compliance with the department’s requirements in terms of both fire safety and structural issues. KSN Project Management also had their own independent fire consultant who regularly visited the site as well as another fire consultant employed by WBS. The consultant was required to sign off that all fire regulations were met. 

Question: Was WBS supervised as stated by the DES?

• December 2018 - The DES starts proceedings in the Commercial Court over alleged defects with schools built and designed by WBS. 
• 2019 - Building of Greystones CNS’ permanent building recommences. Reminder: This school build is designated a rapid-build scheme which usually takes six to nine months from start to occupancy.
• July 2020 - Staff at Greystones CNS are about to be given keys to the new school building when they are suddenly told by the DES that this won’t happen. No reason is given.
• October 2020 - The DES and WBS have another court hearing regarding remedial work required for the other school buildings completed by WBS.

Question: Is the DES using Greystones CNS and it’s new building as retrospective leverage in the litigation cases to the detriment of the children, parents and staff of Greystones CNS?

The need for a conciliator:

• September 2020 - Jennifer Whitmore TD and Steven Matthews TD share parliamentary question time in the Dail to directly ask Norma Foley TD why the new school building hasn’t opened. No direct answer is given.
• October 2020 - GCNS parent body release a video calling for answers to why the completed school building is unoccupied and why the children remain in the temporary prefab accommodation at the rugby club. The story is picked up by Newstalk and local media.
• January 2021 - A conciliator is appointed between the DES and WBS to try to resolve the dispute between the two parties regarding occupancy of the Greystones CNS school building. The discussions are deemed private and confidential and no one is given any indication as to what exactly the dispute is about.
• 8th March 2021 - A third fire safety test was carried out by WBS. WBS paid €30k to have a fire test completed in the UK using the materials in the school building. According to WBS the building materials pass the fire test but the results of this test are rejected by the DES.
• 16th April 2021 - The date given for conclusion of the conciliatory process. The DES requests to extend this by one week.
• 26th April 2021 - The conciliatory process between DES and WBS is concluded. The outcome of the report states that both parties have 42 days to accept or reject the report issued by the conciliator. At it’s latest, this will be 6th June 2021.
• 26th April 2021 - DES issues a communication saying that they will be carrying out a fire safety test in early June 2021. If this test passes then the DES claims occupancy should take place quite quickly. If it fails then further proceedings will follow.
• May 2021 - No exact date has been communicated about when the fire test to be conducted by the DES will take place.
• 7th May 2021 - Planning and Building Unit of the DES issues a letter about the ongoing issue stating “During the construction period, significant on-site quality assurance measures were put in place by the Department and its technical team and all issues which arose were dealt with in accordance with the terms of the PWC. Ultimately this lead to the test, on 22nd July 2020, of a vertical loaded steel beam, which was carried out in an accredited UK Test Laboratory (BRE). The test failed to reach the 60 minute requirements of the Fire Cert.”

Construction of more prefabs at Greystones Rugby Club:

• March 2021: The DES orders the construction of additional prefabs on the grounds of the Greystones Rugby Club. Three of these prefabs will be contingency in case the dispute between the DES and WBS is ongoing and the school can’t occupy their completed building in September 2021. The other prefabs are being installed to accommodate the new secondary school, Greystones Community College, which has been operating out of Greystones Lawn Tennis Club since September 2020.
• 12th April 2021: Clearing of the grounds at the rugby club and construction of additional prefabs starts to take place following the Easter break in very close proximity to existing prefabs where the primary school is operating from. As of May 2021 these works are still ongoing.

The cost of temporary school accommodation:

• The DES has spent approximately €11k per month in rent to Greystones Rugby Club since October 2015. By August 2021 this will amount to a rent just short of €1 million.
• Cost of constructing and renting prefabs from Instaspace is unknown. The DES pays these costs.
• In addition to this, locally the DES has spent approximately €10K per month in rent to Greystones Lawn Tennis Club for the use of it’s clubhouse for Greystones Community College, a new secondary school, since September 2020.

Contacts at Greystones CNS:

• Rory Kinane (Principal), phone 087 400 7442, email greystonescns@kwetb.ie
• Michelle Boehm (Chairperson, Greystones CNS Parent Teacher Partnership), phone 086 867 7948, email ptpgcns@gmail.com
• Alice O’Donnell (Chairperson, Greystones CNS Board of Management), email aliceodonnell@kwetb.ie
• Fiona Toolan (Vice Chairperson, Greystones CNS Parent Teacher Partnership), phone 089 618 7018, email ptpgcns@gmail.com
• Lucy Anderson (Communications Officer, Greystones CNS Parent Teacher Partnership), phone 085 286 5918, email ptpgcns@gmail.com 

Accompanying video/images:

• Video featuring students of Greystones CNS asking Minister Foley why they can’t move into their new school building (published October 2020): https://vimeo.com/nomosproductions/review/468904272/1593d3c5a7 
• Photos of the exterior of the empty school building:
  • Greystones CNS new building with signage, bike sheds, planting and road markings completed
  • Greystones CNS new building exterior with wall signage, lighting and parking bays completed
  • Greystones CNS new building exterior wall plagues of school crest and KWETB patronage
• Photos of the interior of the empty school building:
  • Image of Greystones CNS school crest on floor of new school building with fire extinguishers installed on wall
  • Image of Greystones CNS new school hall with sound absorbers installed and new planting visible through ground level windows
  • Image of Greystones CNS new school classroom with sinks, radiator, blinds and noticeboard installed
• Photos of existing school in prefabs with surrounding construction machinery:
  • Greystones CNS prefabs on grounds of Greystones Rugby Club surrounded by construction machinery clearing the ground for more prefabs for September 2021
  • Greystones CNS prefabs on grounds of Greystones Rugby Club surrounded by construction machinery clearing the ground for more prefabs for September 2021_2
• Photo of the first intake of Junior Infants to Greystones CNS in 2015:
  • Greystones CNS Junior Infants Class 2015 to 2016_The first intake of students to the school
• Photo of the first intake of students to the school now in 4th Class 2021:
  • Greystones CNS some of the original students who started the school back in 2015 who are now in 4th class outside prefabs with crane visible in background constructing more prefabs for Sept 2021