Oldham gears up for any new school cash

Date published: 14 February 2011


OLDHAM has no plans to follow six councils which won their High Court challenge over Government cuts to school building projects.

Instead of taking legal action, it is making sure that it has plans in place if new funding becomes available.

More than 700 projects were axed across the country when Education Secretary Michael Gove cut the £55 billion Building Schools for the Future (BSF) Programme in July.

In Oldham, this included plans for a new Saddleworth High School and refurbishment to other secondaries.

Now six councils have won their High Court appeal against the decision: Waltham Forest, Luton, Nottingham, Sandwell, Kent and Newham.

Mr Justice Holman ruled that Mr Gove had unlawfully failed to consult them before imposing the cuts. In five of the cases the failure was “so unfair as to amount to an abuse of power”, the judge said.

He told Mr Gove that he must reconsider his decisions.

But it is doubtful that other local authorities affected will be able to seek a judicial review on similar grounds. Mr Justice Holman said it was his view that it was “far too late” for them to apply and that “fortune has favoured the brave”.

However, the decision could leave the door open for those affected by other central or local government spending cuts to apply for a judicial review because they believe they have not been consulted.

Councillor Jack Hulme, Oldham’s cabinet member for children and families, said Oldham had no plans for legal action. The Government has launched a review of capital investment in schools and he added: “We are preparing for the possibility at some stage, and it is only a possibility, that money may come available.

“We are putting in place plans for the schools that are not part of BSF should any money come into the authority.”

Chris Keates, general secretary of the NASUWT teaching union, said: “The councils involved are to be congratulated for making a stand on this issue.

“The coalition Government has shown time and again a reckless disregard for due process and consultation.