High Court rules in favour of school in academy battle
A decision by education secretary Gavin Williamson not to revoke an academy order on a primary school has been overturned by a high court judge.
The judge described the secretary of state's decision not to overturn the order on Yew Tree Primary School, in Sandwell, as "irrational".
The governing body of the school had legally challenged the secretary of state’s decision not to revoke an academy order after saying that it has made the necessary improvements required by Ofsted.
The school also pointed out that the suspension of routine Ofsted inspections due to Covid meant the school was not able to get a grade to prove that it had made improvements .
The school was rated as inadequate by Ofsted in January 2019 and was issued with an academy order by the Department for Education in the following April. A subsequent Ofsted inspection in October acknowledged improvements at the school and rated it as requires improvement.
The decision means the education secretary must now reconsider the school's request to revoke the academy order.
Deputy High Court Judge, Gavin Mansfield QC said : “I have decided that the defendant’s decision, on 15 December 2020, to refuse to revoke the Academy Order was irrational. I will make an order quashing that decision.”
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