Scrapping of BSF was 'unlawful' - blow to Gove

11 Feb 2011

The High Court has ruled that the scrapping of the Building Schools for the Future scheme by the Education Secretary, Michael Gove, was unlawful and 'an abuse of power'.

But the Department for Education has said the ruling does not call into question the government's right to scrap the "wasteful" programme.

Six councils - Waltham Forest, Luton Borough Council, Nottingham City Council, Sandwell, Kent County Council and Newham - had sought judicial review against the decision on the grounds that the processes were unlawful.

The ruling means the Education Secretary will now have to review the decisions affecting these area.

However, since the ruling is about the processes Mr Gove took in taking the decision not the substance of it, there is no certainty that he will not come to the same decision again once he has reviewed it.

Indeed, the judge, Mr Justice Holman said "there was no promise or expectation" that any of the claimants' projects would definitely proceed.

The judge added that "the final decision on any project still rests with him (Mr Gove)" and therefore "no-one should gain false hope from this decision".

The Shadow Education Secretary, Andy Burnham, said the ruling was "a victory for all the communities and children betrayed by Michael Gove. They deserve no less than a full apology from him and a commitment to act quickly on the court's findings".

Speaking on the BBC's World At One, schools minister, Lord Hill, said that on the "substantive issues...the Secretary of State and the department won". He said the governent had only lost on "minor and technical" matters relating to the processes of the decision.

He confirmed the government would now have to review the decisions.

Although the final outcome may end up the same, the ruling is a political embarrassment for Mr. Gove and follows his problems over the decision to scrap funding for School Sports Partnerships, on which he had to perform a partial U-turn.