High Court quashes school closure decision over consultation flaws

Denbighshire County Council mishandled its consultation on closing a Welsh language school, the High Court has found.

Hickinbottom J and HHJ Milwyn Jarman QC found against the council on three grounds in a judicial review.

But they warned appellant Aron Wyn Jones to be “under no misunderstanding [that] the effect of this judgment is limited.

“Although that decision of the council is quashed, it has been quashed on procedural grounds and not of course on the merits”.

In what was only the second High Court case to have submissions made in Welsh, the judges found the consultation carried out by Denbighshire “did not provide an appropriate opportunity to consultees to suggest alternatives to the proposal” and that the consultation document was ”hopelessly confused”.

They also “firmly concluded that the council erred in failing to take into account the language and community impact” of the proposals on Welsh medium pupils.

The proposal had been to close Ysgol Llanfair Dyffryn Clwyd and Ysgol Pentrecelyn schools and replace them with a new school.

Mr Jones contended this would mean that a single teacher would alternate between Welsh and English throughout the day to cater for the two language streams within the same class.

A Denbighshire spokesperson said: “While we are disappointed with the decision of the judicial review we welcome clarification in terms of this complex procedure.

“The council will take time to consider its position and reflect on the judgement and guidance given by the court. We will bring forward proposals to continue to implement its vision of first class, 21st century education for all school pupils.”