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A landmark in the fight against academies

The court ruling on the future of east London's Warren School is a blow to Gove's pet project for education, writes DOMINIC BYRNE

On Wednesday January 16 Mr Justice Collins, a High Court judge, made what may well prove to be a historic ruling regarding the Warren School in east London.

He granted an injunction against the imposition of an interim executive board and an academy order, which would have removed the school's governing body and forced conversion to an academy, until a full consultation had been carried out on alternative support put in place by the local council.

This is the first ruling of its type, in which the High Court has blocked an attempt by the Secretary of State to force a school to become an academy.

In order to understand the background to the campaign, it is important to go back to the Academies Act 2010.

This was one of the first pieces of legislation presented by the Tory-Lib Dem coalition government when it assumed office in May of that year.

It had its third reading in the House of Commons on July 26 and was given royal assent the following day.

Many commentators argued that the legislation had been rushed, with little discussion, particularly as Education Secretary Michael Gove was urging schools to convert to academy status under its provisions before it was actually in place.

As well as introducing voluntary conversion to academy status with or without a sponsor, the Act gives the Secretary of State the power to force a school to convert to academy status via an academy order.

This order can be applied where Ofsted or the local authority have expressed concerns about the performance of a school or where results fall below the threshold set by government.

This has effectively given Gove the power to convert schools to academy status in spite of the wishes of parents, staff and the governing bodies.

Although several vigorous campaigns have been mounted against forced academy status, this is the first time the courts have ruled in favour of parents and local communities.

It is also significant in that it is the first time that a local council has pursued a legal case alongside the governing body.

The reasons behind this are that the local authority, the governing body and nearby Robert Clack School are already working together on improving the school.

Soon after Warren School went into special measures a year ago, a partnership was established with Robert Clack School, and results at Warren have gone up by 16 per cent.

Gove's plan to remove governors and force academy status with another sponsor poses a real threat to the supportive measures which are in place and already having an impact.

As the director of children's services at Barking & Dagenham Council has stated, "I believe the Secretary of State's proposal will disrupt the progress being made and could negatively impact on children's education."

The ruling by Mr Justice Collins is itself very interesting as he not only questions the decision itself, saying: "It appears to me this decision should never have been made," but also questions the legislation which allows such decisions to take place in the face of local democracy and the best interests of the children concerned.

The judge said: "This is an extraordinary piece of legislation." The Secretary of State "has wide powers to make an IEB (interim executive board) and AO (academy order) and thereafter consult. On the face of it that is crazy. How can he be impartial by consulting thereafter?"

He went on to questions Gove's attitude towards academies.

It "seems from reports the present SoS thinks academies are the cat's whiskers - we know of course some of them are not."

The Department for Education has announced its intention to challenge the ruling with an appeal and we are sure they will go to whatever lengths they feel necessary to overturn the decision which supports the people of Barking and Dagenham and their elected representatives.

But in doing so, they expose their complete disdain for local democracy, for local parents and for our children's education.

As Councillor John White, cabinet member for children's services, has stated publicly, "This is a victory both for common sense and the education of our children.

"Our position remains that the improvements at the school and the arrangements we have put in place are having a very positive impact on outcomes for children and, as such, imposing an academy will be disruptive to the children's education."

When all the details are stripped away, this is a fight by a determined local community to protect their children's education from the excessive powers granted to the Secretary of State.

It is particularly pleasing to see a local authority refuse the relinquish its duties and fight for the best interests of pupils locally.

We hope that this legal victory will encourage others to stand and fight.

 

Dominic Byrne is Barking & Dagenham secretary and national executive member of the National Union of Teachers

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