Council defeats High Court action over plans for new Catholic schools

The High Court has rejected a judicial review challenge over the London Borough of Richmond’s decision to approve proposals for two new Catholic schools on land owned by the council.

The Roman Catholic Dioceses of Westminster and Southwark wanted to lease the Clifden site to establish a new Catholic voluntary-aided secondary school and a Catholic primary school.

The British Humanist Association, which opposes faith schools, and the Richmond Inclusive Schools Campaign brought judicial review proceedings over the plans.

Counsel for the claimants argued that the decisions taken by the council to approve the voluntary aided schools were unlawful, because the Education Act 2011 meant “they therefore should have followed another – more inclusive – process for establishing schools instead”.

Handing down his ruling on the final day of the hearing, Mr Justice Sales said Richmond had acted within the law.

The council had claimed that its consultations on the project had gone “well beyond statutory requirements”. It also claimed that 67% of parents and residents who responded to the consultation had backed the five-form secondary school and 57% had supported the primary school.

Lord True, Leader of Richmond Council, said: “I am delighted with today’s outcome which supports the clear, democratic decision that was taken locally in pursuit of the previously longstanding policy of both parties on the council. It will come as an enormous relief to the hundreds of families whose hopes for their children’s education has been threatened by this hostile legal maneuvering.”

He also accused the BHA of ignoring parallel action the council had taken to provide more places for all. “Hundreds of local families have been left uncertain about the future of the school and thousands of pounds of council tax payers money has been spent on lawyers.”

Lord True added: “I trust that the BHA will now accept the verdict that they themselves sought and let Richmond get on with building an even better education system for all. A period of silence from certain all too well ventilated local voices would also be welcome.”

“I am glad that this uncertainty has come to an end and we look forward to moving forward, working with the Diocese of Westminster to develop plans for the schools.”

A written judgment is expected to be published in the next two weeks.

BHA chief executive Andrew Copson said: ‘We are disappointed that our case was dismissed and when we have the full judgement we will certainly consider whether to appeal. We still believe – in common with the vast majority of the British public – that it is wrong to set up new state-funded schools that discriminate against children based on their parents’ religion. It is also wrong for religious schools to receive preferential treatment in setting up, over and above inclusive schools.”