Press Release 18 May 2006

Thursday 18 May 2006

High Court judge, Mr Justice Munby, today passed judgment on the claims made by Parents for Legal Action Limited (PFLA) relating to the lawfulness of three matters relating to Northumberland County Council’s controversial schools reorganisation proposals.

The three matters centred on: the consultation process followed by the council; the failure of the council to undertake an independent financial and educational evaluation of their plans, as promised in a resolution of the full council; and the reliability of the financial projections presented to councillors.

Commenting on the judgment, solicitor for PFLA, Judy Lloyd, said “From the outset, our claim about the way the council had undertaken its consultation formed the main thrust of our case and we are delighted that the judge found in our favour on this point. 

“The judge found that the process followed by the council since April 2005 has denied the communities of Cramlington, Blyth and Alnwick the chance to put the case for the retention of their local Middle Schools, individually or as part of school partnerships.  This was despite earlier assurances by the council that there would be an opportunity to have such a debate, a situation the judge described as ‘unfair’ and ‘not in accordance with the law’.” 

The judge was clearly unhappy with the council’s behaviour, finding that ‘neither the consultation process as a whole, nor the Stage 2 consultation on its own, is adequate’.

Commenting on the two other claims, PFLA Chairman David Hodkinson, said “We accept the judge’s ruling that it is for councillors rather than the High Court to take responsibility for deciding whether an independent financial and educational evaluation should be undertaken, and also for scrutinising the financial information put before them.

“So far, councillors have accepted the educational and financial information presented to them by their officers, without either questioning it or demanding the independent evaluation they originally asked for in 2004.  This is despite a recent audit report that identified the schools change programme as having a high risk of failure. 

Mr Hodkinson went on to say “Furthermore, evidence strongly suggests the council has budgeted for only around one half of the expenditure needed to deliver the state-of-the-art learning facilities it was promising to the Cramlington community last autumn, including a new 2000+ pupil secondary school.  The council has so far failed to deny or explain this discrepancy.

“As a result, we call on all councillors, whatever their party allegiances, to insist that an independent evaluation is undertaken without further delay.”

Commenting on the implications of the judgment, Ms Lloyd said “For more than a year, the school communities in Cramlington have been in the front line of the planned changes.  Considerable stress and anxiety have been caused within the partnership, not least because of the dogged determination of the ruling Executive and senior management to see through the changes, come what may.  It now turns out that, in addition to not having the money to effect the planned changes, the council’s consultation process has been shown to be unfair and unlawful.  

“We call on councillors to show respect for the people of Cramlington by abandoning their current proposals in that town.  We also call for them to undertake a full investigation into the arguments being used by their officers to support the case for a change to the two-tier system across the county.  Our own investigations continue to show that there are no educational or financial justifications for such change.”

Finally, Mr Hodkinson said “Not one of the three tier supporters denies that changes will be needed in improving the education system in Northumberland.  The Judicial Review was the ultimate attempt to attract the attention of a council that had made its mind up a long time ago, without proper consultation and in the face of widespread passionate public opposition, what those changes were going to be.

“With this judgment, the opportunity now presents itself for the council to work with, rather than against the community, to explore practical, affordable solutions to the county’s educational challenges.”

Contacts:

Judy Lloyd 01434 608790

David Hodkinson 07703 218732