Fourth council launches legal action against BSF cancellation

A fourth council has launched a legal challenge against the government’s decision to halt the £55bn Building Schools for the Future programme.

The action by Sandwell council follows similar moves by Nottingham, Luton and Waltham Forest councils.

All are challenging the basis on which the government set the cut off point for schemes to receive funding, and are seeking a judicial review of the decision.

Sandwell originally believed its nine schools projects had been spared the axe, but were later told they would be stopped when a revised list was published by the Department for Education.

Council leader Darren Cooper said: “We are taking legal action because the government’s decision is irrational, unfair and shortsighted. Why did they choose 1 January as the cut off date? Was it just plucked out of the air? If we had been told that was the deadline we would have met it.

“Instead we did what we were told and spent money on preparatory work in good faith. Given the circumstances we believe we have no alternative but to mount a legal challenge.”

A Department for Education spokesman said: “We understand people’s disappointment but the BSF programme was wasteful, needlessly bureaucratic and seriously behind schedule. It would have been inexcusable to have continued with the programme.

“Ministers have been clear that the end of BSF is not the end of school rebuilding. That is why the government has launched a comprehensive review of all capital spending in schools so that money goes to those schools in most disrepair and to deal with the urgent demand for primary school places.”