Legal challenge over new sixth form settled after DfE withdraws approval of plans

Judicial review proceedings over the Government’s decision to grant permission for a new school sixth form have been settled, after the Department for Education agreed to withdraw its approval of the plans.

The Association of Colleges (AoC) and Havering Sixth Form College took legal action over the DfE’s decision – via a Regional Schools Commissioner – to fund a new school sixth form at Abbs Cross Academy and Arts College in Hornchurch, London.

The Loxford School Trust has now withdrawn its application for the sixth form and the DfE has, as a result, withdrawn its decision to approve its establishment.

The claimants launched their judicial review challenge in September, arguing that the commissioner did not appear to have followed recently updated guidance published by ministers. This guidance requires that sixth forms should only be created in schools graded ‘good’ or ‘outstanding’ by Ofsted; should offer a full programme of at least 15 A-levels; should enrol 200 students when in steady state and should not be a financial burden on the rest of the school.

David Hughes, AoC Chief Executive, said: “We are delighted with this outcome – we did not believe that the proposed sixth form met the DfE’s own guidance or that it would be in the interests of young people. We were also seeking more clarity on how decisions using the guidance operate in practice across the country.

“The decision by the Loxford School Trust to withdraw the application for a new school sixth form is in the best interests of young people in the local area because they already have access to good quality provision in the area.”

Hughes also welcomed the DfE’s agreement to review the guidance and how decisions are reached.

“It is imperative that we have robust guidance on establishing new school sixth forms that is consistently followed to ensure quality and viability of post-16 education,” he said. “The decision to permit a new school sixth form is one which has significant implications for everyone involved and therefore requires clear, unambiguous guidance and careful scrutiny of the evidence of need, probable numbers and the breadth and quality of the proposed offer

“AoC, on behalf of its member colleges and of students, will always keep a close watch on the actions and decisions made by the Government. Initiating a judicial review was not a step that we took lightly but we believe that that this is a very positive outcome which demonstrates that we were right to challenge the decision making process in this case.”