London borough faces judicial review threat over plans for new Catholic schools

A London borough has been threatened with judicial review proceedings over plans to open two new Roman Catholic schools.

The legal action against Richmond upon Thames Council is being brought by the British Humanist Association (BHA) and the Richmond Inclusive Schools Campaign (RISC).

The claimants said the council had ignored changes brought in under the Education Act 2011, which state that “If a local authority in England think a new school needs to be established in their area, they must seek proposals for the establishment of an Academy”. These proposals would then have to be adjudicated by the Department for Education.

Richmond’s Cabinet will next month consider proposals for a voluntary-aided Catholic secondary school as well as an additional Catholic primary. If approved, it is expected that the 1,000-pupil strong secondary would open in September 2013.

The BHA said it was backing the RISC’s legal action because it was concerned that “this offers a way of opening religious schools in the face of public opposition by the back door, avoiding the competition that would otherwise be required”.

Chief Executive Andrew Copson said: “It is unacceptable that the system is so biased in favour of religious bids, and that local authorities are collaborating so much with religious organisations to open schools in this undemocratic way. Any case that can seek to redress this balance, by narrowing the range of circumstances in which faith-based proposals can avoid competition, and therefore increasing democratic choice and accountability, is to be welcomed.”

Jeremy Rodell, the coordinator of RISC, said: “Our primary focus is to ensure that any new schools opening in the borough cannot discriminate against children simply because of the religion or beliefs of their parents. RISC has strong local support, ranging from humanists to fair-minded Catholics, but lacks the resources to mount a legal challenge alone. So we very much welcome the BHA’s decision to take this case forward.”

Richmond Council described the legal action as “premature”.

A spokesperson said the Education Secretary, Michael Gove, gave permission to the Diocese of Westminster in December to issue statutory proposals for the establishment of a voluntary-aided secondary school and a voluntary-aided primary school.

The local authority pointed out that responses to the Diocese’s formal, statutory proposals could be made until today (13 April). The council’s Cabinet will meet on 24 May to decide on the plans.

The spokesperson added: “Separately, the council undertook an eight-week consultation, from 20 January to 16 March, with local residents on the possible use of a site in Twickenham for the establishment of the proposed schools. The council’s Cabinet is due to consider the responses to those proposals, before (and conditional upon) the decisions it will take, at its meeting on 24 May, as to whether the Diocese’s proposals should be approved.”

The local authority’s spokesperson also pointed out that it had not yet taken decisions in respect of the Diocese’s proposals, or in respect of the use of the site in Twickenham “and therefore, any judicial review challenge would be premature”.

In a statement the Diocese of Westminster said it believed that the local authority had acted “entirely properly” in respect of the proposals.

“The proposed court case being brought by RISC and the British Humanist Association, a national organisation that campaigns against the existence of all schools with a religious character, seeks to use procedural arguments to prevent an entirely legitimate proposal to increase the educational choices available for parents and children in Richmond,” it said.

The Diocese claimed that the proposed schools would add greater diversity of choice “by enabling those seeking a Catholic education for their children to benefit from a continuum of Catholic education from ages 4 to 18”.

It also argued that the new schools were likely to bring additional benefits by releasing places at other local  schools which were currently being taken up by those who would prefer a Catholic education.

Philip Hoult