Building Schools for the Future

Lord Cryer Excerpts

Monday 14th February 2011 Commons Chamber

[John Cryer (Leyton and Wanstead) (Lab)]

(Urgent Question): To ask the Secretary of State for Education if he will make a statement on his assessment of the High Court ruling on Friday to the effect that the decision to cancel the Building Schools for the Future programme in Waltham Forest and other areas was illegal.

[The Secretary of State for Education (Michael Gove)]

I am grateful for the opportunity that this urgent question gives me to repeat the points made in my written ministerial statement of Friday.

On Friday, Mr Justice Holman handed down a judgment on the judicial review brought by six local authorities, including Waltham Forest, following my decision to cancel BSF projects in their areas. It was, of course, deeply regrettable that any building projects had to be cancelled, but the scale of the deficit we inherited meant that cuts were inevitable, and the inefficiency that characterised BSF schemes meant that we needed a new approach. All the local authorities that pursued the action agreed that cuts had to be made, but, as the judge records, they argued that

“other (unidentified) projects should have been stopped rather than theirs”.

The claimants argued that Government decision making was confused and irrational, but the judge made it clear that the decisions I made were clear and rational. He said that

“the Secretary of State intended to draw, and did draw, a clear demarcation between situations where there were obligations under contract and those where there were not. The decision is not open to challenge on irrationality.”

The claimants argued that the chosen cut-off date for projects was wrong, but the judge also made it clear that

“a cut-off date of January 1st reflected government-wide policy and helped to achieve that policy by making very large savings.”

The claimants also argued that there was a breach of promise in stopping their specific projects, but the judge said:

“I do not consider that there was any failure…because there was no such promise or expectation.”

I am grateful that on all those substantive points, the judge found as he did, in our favour.

On two procedural grounds, the judge ruled in favour of the claimants. In essence, his view is that my consultation with 14 local authorities in relation to 32 sample schools and a further 119 individual academy projects did not go far enough, and that I should have included the six claimants in my consultation. He also judged that I should have had rigorous regard to equalities considerations in reaching my decision.

The judge has not ordered a reinstatement of funding for any BSF project, nor has he ordered me to pay compensation to any of the claimants. Instead, he concluded that I must give each of them an opportunity to make representations, and then review the decision, in so far as it affects these six authorities, with an open mind. I am happy to do so. The judge has made it clear that

“the final decision on any given school or project still rests with”

me, and that I

“may save all, some, a few or none”.

He concluded by saying that

“no one should gain false hope from this decision”.

I am grateful to the judge for that direction, for the fair and careful manner in which he appraised the evidence, and for his support for the Government on the substantive decisions that we took.

[John Cryer]

I want to emphasise, first, that the purpose of the urgent question was not to score points, but genuinely to elicit information, and secondly, that the court action was not taken light-heartedly but because, in the case of my local authority, Waltham Forest, we felt that there was no option as the urgency had become so great.

In my constituency, which is not unusual, seven schools were due for rebuilds—George Mitchell, Buxton, Belmont Park, Norlington, Connaught, Leytonstone and Lammas, which is on the boundary between my constituency and that of my hon. Friend the Member for Walthamstow (Stella Creasy). We were also expecting a new school to be built to deal with the rising demand for places in secondary school. That brings me to the crux of the argument, which is that by 2014 we will be 500 places short in secondary schools. That is a minimum. Waltham Forest is usually a recipient of migration from central London, which means that the actual demand could be 600, 700 or perhaps more. At present, 500 is the bare minimum.

There are three other points to be considered. One is that the structure of many of the schools in question is dreadful and literally falling apart. Teachers, pupils, governors and other staff have fought valiantly, and BSF was the light at the end of the tunnel until it was taken away. Secondly, a number of the schools that I mentioned serve some of the most deprived areas in London, which means some of the most deprived areas in Britain—areas that are struggling with all sorts of problems. Thirdly, some of the schools were on the verge of being decanted, expecting the work to start. In the case of Leytonstone, the school was hours away from moving students to other premises in the expectation that building work would start.

I want to ask a number of specific questions. What is the time scale for finding a replacement and addressing the judgment? Will the Secretary of State approach the matter with an open mind? He has already said that he would, but I want him to reiterate that. Will he consult openly with the schools and the local authorities, but in a fairly tight time frame because matters are becoming so urgent? Lastly, the argument is not about bringing back BSF. We recognise that it has gone, but as he said, we expect a replacement to be announced, and so far that has not happened. When will a replacement be announced?

[Michael Gove]

I am grateful to the hon. Gentleman for the fair way in which he makes the case on behalf of his constituents. I should point out that Waltham Forest has already received £68 million from BSF, but I appreciate, as he rightly says, that there are many schools in Waltham Forest which are not in the state of repair that either he or I would wish to see.

The hon. Gentleman makes the point that by 2014 Waltham Forest secondary schools will be 500 places short. I am sure that he, like me, is aware that many primary schools across London are short of places. We must balance the need to ensure that there are places in secondary schools with investment in primary schools, which BSF did not cover.

The hon. Gentleman asked three specific questions, one of which was about the time scale. I have already been in touch, through my Department, I understand, with Waltham Forest. We want to make sure that we can receive proper representations on behalf of the local authority and its schools in a way that enables us to make comprehensive judgments in the most rapid time available. For that reason, in response to his second question, I will of course keep an open mind and will be keen to hear from him, other Waltham Forest Members and anyone with an interest in the decision. His third question was on consultation with the local authority and the relevant schools. I will be in touch with the local authority to find the most expeditious way of ensuring that the judge’s directions can be followed.