| SPOTLIGHT |
Parents of Holland Park School students have launched a third judicial review application in four months over a decision to move the school from a single-academy trust to a multi-academy trust.
The most recent proceedings argue that a consultation was carried out by the Regional Director for North West London and South Central London on plans for the school's future transfer, which was not lawful.
Parents, acting as part of the Holland Park School Parent Collective (HPSPC), and the National Education Union, launched their first judicial review in May of this year. The legal challenge argued that the decision to pass the school over to the United Learning Trust (ULT) was made by school governors without any consultation with parents or staff.
On 21 June, a second set of proceedings were launched against OFSTED after the organisation downgraded the schools rating to "inadequate". In a pre-action protocol letter, the claimants said the move was unfair, an abuse of power and irrational.
The impact of OFSTED's "inadequate" grade was that the decision on the school's future passed to the Secretary of State for Education.
As a result, the HPSPC and the NEU have launched a third judicial review, arguing that the Secretary of State for Education failed to consult lawfully on plans to move the school from a single-academy trust (SAT) to a multi-academy trust (MAT).
They say that the consultation carried out by the Regional Director for North West London and South Central London, Dame Kate Detheridge, on plans for the future transfer of the school was not lawful because it did not give teachers and parents all the information on available options and it suggested that the decision to move to a multi-academy trust had already been made.
The Secretary of State for Education argues that they were neither obliged to consult nor have they done so.
Commenting on the judicial review application, a representative from the HPSPC said: "We’ve come together as a group of over 350 concerned parents to challenge the decision to give our school to the massive MAT, United Learning. We are fighting for a proper consultation and to have a voice to influence the future of our school, our children and our community."
Ricardo Gama, solicitor at law firm Leigh Day which is representing the claimants, said: “Our clients strongly believe that it is for the wider school community – students, parents, staff and governors – to have a fair say in the future of the school and its improvement. They argue that the only prospect of stabilising the school is if its arrangements are decided with proper lawful involvement of those who will be most closely affected by the decisions on any restructure, including the students, parents and staff.
Mr Gama added: “Even though there is no statutory requirement to consult on the conversion of an academy school from a SAT to a MAT, it is well established a matter of general law that, if a consultation is initiated (even it was not legally required), the decision-maker is nonetheless required to consult in a fair and lawful manner. That is the basis of our clients’ claim.”
A Department for Education spokesperson said: “Holland Park Academy’s recent Ofsted inspection underlines the need to address the issues at the school as quickly as possible.
“United Learning has been identified as the preferred trust for HPS to join, following careful consideration of a shortlist of trusts. UL is a strong trust with a proven track record of school improvement.
The statement added: “This recommendation has been subject to scrutiny and challenge at the Advisory Board, after which a recommendation is being made to Baroness Barran, the Minister for the School System, who will take the final decision.
“The wellbeing and education of the school's pupils must remain the first priority of the whole school community and its stakeholders.”
Adam Carey
