Administrative Court quashes Academy Order in respect of maintained middle school due to failure to consider prejudice to ongoing local authority review of unviable three-tier school structure
Somerset County Council & Secretary of State for Education & Ors [2020] EWHC 1675 (Admin)
- Related Member(s):
- Raj Desai
- Related Practice Area(s):
- Public Law
- Court:
- Queen’s Bench Division
The Administrative Court quashed an Academy Order permitting a community middle school maintained by Somerset County Council to join a Multi-Academy Trust (‘MAT’) in the midst of an on-going local authority-led review process seeking a solution to an unviable historic three-tier school system in the Crewkerne and Ilminster area. Fraser J found that the Regional Schools Commissioner had unlawfully failed to consider and properly inquire into the negative impact of her decision on the on-going review in circumstances in which the MAT’s commitment to necessary structural reforms was doubtful. There had additionally been a failure by the Commissioner to assess viability in breach of applicable policy and an unlawful failure to give reasons.
Raj Desai was involved in this case.
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Somerset County Council v Secretary of State for Education & Ors [2020] EWHC 1675 (Admin)https://www.bailii.org/ew/cases/EWHC/Admin/2020/1675.html