| SPOTLIGHT |
The mother of a child in the reception class of a rural primary school earmarked for closure this month has failed in a bid to obtain injunctive relief.
Kirsty Lowe had instructed Irwin Mitchell to challenge Northamptonshire County Council’s decision to shut Great Creaton Primary School, which her four-year-old daughter attends.
The local authority approved the closure plan in September and the school, which had seen falling numbers, is due to close at the end of this month.
The claimant argued that Northamptonshire’s decision was unlawful for a number of reasons, including a failure to lawfully consult with local residents and pupils and to properly consider the impact of the closure on the local community, children with special educational needs, and those who had chosen Great Creaton School specifically because it was a non-denominational school.
But the application for interim relief was rejected following a hearing in Birmingham.
Caroline Barrett, an Associate Solicitor at Irwin Mitchell and the public law specialist representing the claimant, said: “Great Creaton Primary School is an important part of our client’s life, as well as being an integral part of the local community.
“We issued an urgent interim relief application to try and prevent the school from closing at the end of December so that the decision to close the school could be looked at fully. Unfortunately that application was unsuccessful.
“The court decided on this occasion that the detriment that would be caused to the council in keeping the school open for any longer was greater than the detriment that would be caused to our client.”
Barrett added: “The Court has therefore determined it’s not going to grant the interim relief we sought, and has not granted permission for the case to proceed further.
“This is of course very disappointing for our clients, and we will be working with them to consider their options further.”
