Gove told to 'remove himself from school building programme review'

Published by Ross Macmillan for 24dash.com in Education and also in Communities

Education Secretary Michael Gove should play no part in a review of cancelled school building projects ordered by a High Court judge, Labour said today.

The Education Secretary was told he must reconsider his decision to scrap the £55 billion Building Schools for the Future (BSF) scheme in six local authorities after Mr Justice Holman last week ruled that Mr Gove had unlawfully failed to consult them before imposing the cuts.

Shadow education secretary Andy Burnham said it was a "damning verdict" which raised doubts about his "competence and judgment".

He said Mr Gove "should now remove himself from any further part in this decision".

Mr Gove, forced to answer an urgent question in the Commons following Friday's High Court ruling, insisted he would carry out the review in an "open minded" way and said the the judicial review had found in the Government's favour on the substantive issues.

Responding to the question from Labour's John Cryer (Leyton and Wanstead) Mr Gove said: "It was, of course, deeply regrettable that any building projects had to be cancelled.

"But the scale of the deficit we inherited meant cuts were inevitable and the inefficiency which characterised BSF schemes meant we needed a new approach."

He said the six authorities had argued that the Government's decision making had been "confused and irrational" but the judge "makes clear the decisions I made were clear and rational".

Mr Gove said the judge ruled in favour of the six councils on "two procedural grounds".

"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 I should have included the six claimants in my consultation.

"He also judges 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."

The judge ruled that Mr Gove must give each of the six authorities involved - Waltham Forest Council, Luton Borough Council, Nottingham City Council, Sandwell Council, Kent County Council and Newham Council - an "opportunity to make representations".

Mr Gove must then review the decision in those areas "with an open mind".

He added: "The judge has made clear that the final decision on any given school project still rests with me and that I may save all, some, a few or none.

"He concluded by 'saying no one should gain false hope from this decision'."

Mr Burnham said the High Court had ruled Mr Gove was "guilty of an abuse of power" and there had not been "one word of apology" from the Secretary of State.

"Fresh doubts have been raised about his competence and judgment," Mr Burnham said.

He asked whether Mr Gove had overruled official advice to consult before making the decision and questioned whether he had been warned by a leading QC that "councils have a fairly strong case against him".

Mr Burnham demanded to know how much money has been "wasted on legal costs".

He said the judge requested a re-run with an open mind but Mr Gove's "self-justifying" response to the judgment "suggests his mind is firmly made up".

He told Mr Gove: "To give the six councils confidence of a fair hearing shouldn't you now remove yourself from any further part in this decision?"

It was a "damning verdict on a Cabinet minister by a High Court judge".

Mr Gove was now in the "last chance saloon with a clear warning to change his ways", Mr Burnham added.

The Education Secretary said the legal advice "referred specifically to the 32 sample schools and the 14 local authorities that we did consult" and Mr Burnham was "misinformed".

Mr Gove continued: "The judge acted in accordance with all the evidence, he found that on the substance the right decision was taken.

"An opportunity now exists for me to review the decisions in these six local authority areas and, as I have said before, I intend to do so in an open-minded way and to take advantage of the judge's direction in order to hear their case."