It was argued that the decision to scrap the projects was unfair and unlawful, that Gove had not consulted properly or given good enough reasons for stopping projects.

The government argued that cuts had to be made quickly, that the decisions were not made lightly and were not open to legal challenge. However, in light of this case, Gove will have to review his decisions.

Whether or not this case will result in any cancelled projects being re-started remains to be seen. However, it is possible that other councils may seek review of the decision to cancel other projects. But the judge emphasised that the final decision rests with Gove, and that no one should gain false hope from this case.

Posted by Chris Emm, who specialises in commercial property work primarily acting for local authorities and also deals with development and commercial freehold and leasehold matters.

Chris Emm
0115 908 4112
cemm@brownejacobson.com

The Coalition argues that in the current economic climate, whichever party is in government would have to cancel many BSF projects in order to help reduce the national deficit. However, teaching unions are up-in-arms at the decision. Christine Blower, General-Secretary of the NUT, has said “poor learning environments have a negative impact on the education of children and young people”.

Despite imminent cuts in public funding across the board, unions are likely to insist that new school buildings are money well-spent, even in a recession. It will also leave the government open to legal challenges from a raft of local authorities unhappy at the decision to cut BSF funding.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com