Nottingham City Council takes legal action over BSF
Nottingham City Council has started legal proceedings to challenge Secretary of State for Education Michael Gove’s decision to scrap the £55billion Building Schools for the Future (BSF) programme.
The council has lodged papers at Leeds Administrative Court requesting permission to apply for a judicial review into the decision to stop funding for Top Valley and Trinity Schools.
Top Valley School, Top Valley Learning Centre and Trinity School were due to benefit from Nottingham's Building Schools for the Future (BSF) programme but were 'stopped' on 5 July 2010 when Michael Gove, Secretary of State for Education, announced that he was bringing an end to the national BSF programme.
Nottingham City Council claim that Michael Gove's decision, was contrary to its legitimate expectation that the funding would be forthcoming, given that the Outline Business Case for the three schemes had been approved in February 2010. The council also claim that the decision was irrational, in arbitrarily using 1 January 2010 as a cut-off date for stopping funding of BSF projects.
Councillor David Mellen, Nottingham City Council's portfolio holder for children's services, said: "The council has explored a number of options in order to secure funding to carry out the planned remodelling of Top Valley and Trinity schools which have been stopped. We have sought Counsel's advice on whether to take legal action to resolve this dispute and our decision to push ahead with legal proceedings has not been taken lightly. We would have much preferred a negotiated solution however I have not received a response to my request to meet with Mr Gove.
"A petition of over 5,000 signatures has been handed in calling for the Council to take action against the Government's decision to cancel funding for Top Valley and Trinity Schools. Our decision to take legal proceedings demonstrates our commitment to taking whatever actions are necessary to over-turn the decision."
The council's claim requests that the court quash the decision made on 5 July 2010 in respect of Top Valley School, Top Valley Learning Centre and Trinity School and declare that these three schemes are 'unaffected' and will continue to receive the funding that was promised.
In the interests of minimising the costs of these legal proceedings, the action is being taken jointly with Luton Borough Council who has also had BSF projects stopped and are seeking a similar outcome to Nottingham City Council.
