Government in court over BSF cancellation

The local authorities argue that they have lost millions of pounds of investment, and that taking the government to a high court in an effort to overturn its decision is the only option left. The review, which begins on 25 January at the Royal Courts of Justice, involves Waltham Forest, Kent, Luton, Newham, Sandwell and Nottingham. In July, education secretary Michael Gove announced the end of the 15 year BSF programme, claiming it would be "irresponsible to carry on regardless" with a programme that he described as inflexible and needlessly complex. Nottingham City Council is leading the legal challenge, with its case focusing on two key issues: the council's expectation that funding would be forthcoming given that the outline business case had been approved; and the "irrationality" of stopping funding for BSF projects approved after 1 January 2010. David Mellen, Nottingham's portfolio holder for children's services, said: "We are confident that we have a strong case and optimistic that the court will overturn Michael Gove's decision to stop the funding for Top Valley and Trinity. We remain hopeful that the funding previously agreed will continue so that we can push ahead with our plans to transform teaching and learning and deliver 21st century facilities." Waltham said that it has also been heavily affected. It estimates that it has lost £275m of government investment as well as "a once in a lifetime opportunity to raise aspirations among young people in one of the most deprived parts of London". Council leader of the authority Chris Robbins said: "We know that the economic situation means tough decisions are required, but we need to come to a better arrangement than a total withdrawal. We have a growing student population and will need 500 extra places in the next few years. Our schools simply won't be able to cope without major investment. "It's not right to say that buildings don't help with learning. It is difficult to focus on attainment and raise standards in the classroom when the classrooms are falling down. All the schools that were refurbished have seen improved GCSE results and we expected to see similar improvements in the schools scheduled for BSF work in the future." A judicial review is the procedure by which the decision, action or failure to act of a government department or a local authority can be challenged. Claims are usually heard by a single judge in an open court. The Department for Education told GC News that it could not say much at this stage.