Former Edinburgh teacher and Scottish Family Party leader in legal battle with Merchiston Castle School

Scottish Family Party leader accuses Merchiston Castle School of fraud

The leader of the Scottish Family Party is suing the private Edinburgh school where he used to teach, accusing it of reneging on a deal over reduced school fees for his sons when he agreed to leave.

Richard Lucas was a maths teacher at Merchiston Castle School for 23 years but says the school wanted him to go because it was unhappy about his comments outside school on matters such as abortion, sexuality and transgender issues.

He left in 2018 with a settlement agreement which included a £30,000 pay-off, a 100 per cent discount on fees for his two sons for four years and then, he claims, an 80 per cent discount thereafter – which is the normal staff discount at Merchiston Castle.

Richard Lucas taught at Merchiston Castle School for 23 years.

But the 80 per cent figure was not written into the formal agreement and although the school fulfilled the 100 per cent discount for four years it then insisted the discount after that would be 50 per cent. One of his sons left the school in July 2020, the other is still there.

Mr Lucas, who lives in Colinton, said the school had insisted the agreement was drawn up in terms of the discount available to his wife Mairi, who is a part-time cookery teacher at the school. Instead of mentioning 100 per cent and 80 per cent, the formal agreement says the school fees will be discounted by "20 per cent, in addition to any discount provided as a result of the employment of the children’s mother" for four years and then the school would "continue to provide any discount to school fees that is due as a result of the employment of the children’s mother".

The school maintains that because she was part-time, the discount Mrs Lucas was entitled to was 50 per cent rather than 80 per cent. Mr Lucas is seeking the return of £2,709 which is the extra fees he says he has been forced to pay, along with £7,500 in damages.

The case is due to be heard at Edinburgh Sheriff Court on Tuesday and Wednesday, April 18 and 19. Merchiston Castle head Jonathan Anderson and bursar Pippa Axon are both expected to appear.

Merchiston Castle School in Colinton is a boys-only boarding school with around 400 pupils, aged 7-18.

Mr Lucas said: "I left the school five year ago with a settlement agreement. They had been threatening to fire me because they didn't like things I said outside school. I said 'Go ahead and fire me' but I think they knew they wouldn't get away with it, so eventually I proposed a settlement agreement.

"I said I would only accept 100 per cent discount for four years and 80 per cent discount thereafter, so the school said okay that's fine but the only way we can do that is to do it in terms of my wife's staff discount. They said 'Your wife gets 80 per cent discount, so we'll say that's your wife's discount plus 20 per cent for the four years and then your wife's discount after that, which will give you 80 per cent'. They said that was the only way they could do it, so that's what I signed on.

"So the first four years I had 100 per cent discount. Then it came to year five, which was July last year, and they only gave me 50 per cent discount. I said 'Hang on, that's wrong' and they said 'Your wife's part time – she only gets 50 per cent'. My wife has always been part time.

"I said, 'So how has my wife's discount plus 20 per cent made 100 for the last four years?' They said that was a mistake. They stuck to their guns, so I'm claiming this was fraud – this was a deliberate plan to induce me into signing the agreement by telling me my wife was entitled to 80 per cent discount and they're now saying she's only entitled to 50.

The school was founded in 1828 and moved to Merchiston Castle, a 15th century tower, in 1833 before relocating to its current site nearby in 1930.

“They have forced me to pay some extra fees on threat of kicking my son out of the school if I didn't pay them. My case is basically to get those fees back. The money involved is not the important thing, it's the school's reputation.”

A spokesperson for Merchiston Castle School said: “Mr Lucas has made a number of false allegations against the school and its staff and we look forward to presenting evidence which will clearly demonstrate the veracity of our position.”

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