Nottingham victorious in BSF ruling
Nottingham City Council has won its High Court case against the government’s decision to cease funding under its Building Schools for the Future (BSF) scheme. Mr Justice Holman found the government’s decision to quash support under the project was unlawful and "an abuse of power".
The case also involved councils in Waltham Forest, Luton, Kent, Newham and Sandwell.
The challenge related to the rebuild or refurbishment of 58 schools. If construction work had commenced, the projects would have cost the government £1bn.
Mr Justice Holman said that education secretary Michael Gove's decision making process was unlawful because of his failure to discharge the relevant legal equality duties. He added that Gove’s subsequent attempts to justify his decision by an equalities assessment carried out afterward was no more than "a rearguard action" and was "too late".
Nottingham City Council has won its High Court case against the government’s decision to cease funding under its Building Schools for the Future (BSF) scheme. Mr Justice Holman found the government’s decision to quash support under the project was unlawful and "an abuse of power". Mr Justice Holman discounted the possibility of other councils taking action over the cuts, telling the six victorious councils that"fortune had favoured the brave".
Nottingham’s programme of BSF projects includes Trinity School, Top Valley School and Engineering College, Top Valley Learning Centre, Westbury School, Fernwood School, Nottingham Bluecoat School and Technology College and Unity Learning Centre. Nottingham Academy Learning Centre, Woodlands School and Beckhampton Learning Centre will also be affected by the ruling.
The total estimated funding for Nottingham’s projects to about £90m.
Nottingham City Council’s portfolio holder for children's services Councillor David Mellen said: "This is a powerful judgement and a vindication of all the determination and hard work from Nottingham people that has brought us to this point. I'm very pleased that arguments we made have been recognised and that the secretary of state should now reconsider his decision.
"It's quite clear from the ruling that the way Michael Gove acted to stop the BSF funding for some schools in Nottingham was unlawful."
