New grammar school plans in tatters after lawyers step in
‘Must be within the law’
PLANS for Britain’s first ‘new’ grammar school in 50 years have been torpedoed by lawyers.
Education Secretary Nicky Morgan has been told that proposals to build a ‘satellite’ of an existing school in Kent do not comply with the law – and would likely be overturned by the courts if approved.
No formal decision has been reached, but it makes it extremely difficult for Mrs Morgan to give the green light because of fears of a judicial review.
The revelation – which hinges on whether the site is considered an ‘annexe’ or an entirely new school – will cause dismay among Tory MPs keen to see grammar expansion go ahead. And last night supporters of the project reacted angrily.
Sarah Shilling, leader of the campaign to bring a grammar school to the town of Sevenoaks, said: ‘This is an important local issue. Our children are travelling one hour in the morning and one in the evening to get to school.
‘They are going to grammars but not in their local area. Ours is a grammar school system and it is broken. We have got good schools around here and they are not allowed to expand.’
She added: ‘They are the Government. If there are not enough grammar schools they have to change the law. They have got a majority now, they’ve blamed the Lib Dems for the last three years but it’s on them now.’
Kent County Council is one of 36 local authorities with state-run grammars. In November, the authority lodged plans with ministers to create a Sevenoaks ‘annexe’ of Weald of Kent Grammar School, which is based in Tonbridge, eight miles away. Parents are desperate for the expansion so hundreds of pupils can avoid a long commute, and supporters hoped the new campus – projected to take around 90 children a year – would be approved promptly. The council has already granted planning permission and allocated up to £16million for the site.
However in March it emerged that no decision would be made until after the General Election. The latest legal setback will push the timetable for the project even further back. The issue is a major headache for Mrs Morgan, who is thought to be in favour of growing existing grammars.
Laws passed by Labour in 1998 mean that it is illegal to open a new selective school. Were Mrs Morgan to push ahead with the extension, her department could become mired in an expensive legal battle likely to result in her decision being overturned. An earlier version of the plan was rejected by Mrs Morgan’s predecessor Michael Gove in December 2013.
However the new annexe is supported by the local MP, Defence Secretary Michael Fallon, and Home Secretary Theresa May has indicated support for a similar plan in her Maidenhead constituency.
A Department for Education spokesman said: ‘ We have received Weald of Kent’s proposal and are giving this careful consideration.
‘While we are committed to allowing good schools – including grammar schools – to expand they can only do so within the law. We are therefore considering the proposal accordingly.’
During the election campaign, David Cameron indicated he was in favour of selective schools expanding. The Conservative manifesto said the party would ‘continue to allow all good schools to expand, whether they are maintained schools, academies, free schools or grammars’.