Three councils launch judicial reviews of cancellation of BSF programme

Three councils have launched judicial reviews of the government's decision to pull the plug on the Building Schools for the Future (BSF) programme.

Nottingham City Council and Luton Borough Council lodged a joint application for a judicial review yesterday (4 October) with the Leeds Administrative Court, claiming that the programme's cancellation of the programme was “contrary to the councils' legitimate expectation that the funding would be forthcoming after the outline business case for three schemes was approved in February”.

The councils also claim that the decision was irrational in arbitrarily using 1 January 2010 as a cut-off date for stopping funding of BSF projects. They requested that the court quash the decision so the schemes receive the funding expected.

David Mellen, Nottingham City Council's portfolio holder for children's services told the BBC: "The council has explored a number of options in order to secure funding to carry out the planned remodelling of Top Valley and Trinity schools which have been stopped. We have sought counsel's advice on whether to take legal action to resolve this dispute and our decision to push ahead with legal proceedings has not been taken lightly. Our decision to take legal proceedings demonstrates our commitment to taking whatever actions are necessary to overturn the decision."

Meanwhile, the London Borough of Waltham Forest has also applied for a judicial review over the cancellation of the BSF programme and has asked the court to expedite the consideration of this decision “because of its importance and impact”.

Waltham Forest Council Leader, Cllr Chris Robbins, said: “The government’s decision to cancel the BSF projects in Waltham Forest is having a catastrophic effect on our pupils and staff and we've been doing everything we can  to persuade them to change their minds.

“We’ve gone about this the right way and we’ve tried to come to a reasonable agreement with the government. It's with a heavy heart that we’ve been forced to apply for a judicial review in order to do what is best for our pupils and our schools.”

A Department for Education spokesman told the BBC: "We understand people's disappointment but the BSF programme was wasteful, needlessly bureaucratic and seriously behind schedule.

"It would have been inexcusable to have continued with the programme. Ministers have been clear that the end of BSF is not the end of school rebuilding. That is why the government has launched a comprehensive review of all capital spending in schools so that money goes to those schools in most disrepair and to deal with the urgent demand for primary school places."