Diocese ‘has never said it will sell school site for housing’
DURING the dispute between trustees of Rathmell School Trust and the Diocese of Leeds, the diocese has remained relatively quiet about its role in events that have ultimately led to a High Court date next month. However, a statement from the Bishop of Leeds, the Rt Rev Nick Baines, and the Diocese of Leeds sent to The Yorkshire Post gives its side of the story.
The statement said: “Rathmell Church of England Primary School was closed by the local authority in 2017 due to the fall in pupil numbers. Following the closure, discussions took place with the trustees of the Rathmell School Trust about how best to ensure that the objects of the Trust were upheld. The objects of this Trust are for the school to be used as a Voluntary Aided School and retained for religious education in accordance with the doctrines of the Church of England.
“Given that the school is now closed, the trustees of Rathmell School Trust are unable to meet the objects of the trust for which they are responsible in law. However, the legal obligation for the assets to be used for their original purpose (or as close to that as possible) remains. In this case that purpose is “religious education in accordance with the doctrines of the Church of England” and so the diocese asserts the only option is to move the assets of the trust (which includes the school site, a house and farmland) into a restricted fund to be used solely and for the benefit of other Church of England schools. This is normal practice where schools close and is provided for in the Education Act 1996.
“The school trustees are challenging this. They take the view that the objects of the trust are not valid and that the school site is not subject to these obligations. This is a dispute of fact which, regrettably, can only be resolved in a court. This is the subject of current proceedings before the High Court.”
The diocese also addressed concerns about selling the site for housing. It said: “Statements have been repeated publicly that (a) the diocese intends to flatten the school and sell the site for housing and (b) that the diocese has not put a penny into the school. Neither of these assertions are true or based on any fact but, rather, are nothing more than speculation.
The statement also said: “At no point has the diocese said it would flatten the school and sell it to a developer. This is simply not true. In fact, several years ago the diocese suggested to the trustees there may be a way to lease or sell the site to a new community trust so it could continue to serve the community. The trustees decided to not follow this through.
“We have sought to work with the trustees throughout. The school closed seven years ago and all we have sought to do is to ensure that the legal responsibilities of all parties are met. The diocese remains willing to work to find a resolution and ensure the school site is available for community use; but, it cannot do so whilst the trustees continue to claim as invalid the terms of the original trust.”