Gillian Chandler, a Camden parent and resident, has instructed Richard Stein and Rosa Curling of Leigh Day & Co Solicitors, to challenge the decisions taken by the Secretary of State and Camden Council to set up an academy in the borough. The proposed academy will be sponsored by the University of College London.
The academy proposal was given the go ahead by the Council and Secretary of State earlier this year. However, Ms Chandler does not believe either of their decisions are lawful. She argues that the Council’s refusal to hold a competition into what type of school should be set up is unlawful and that the Secretary of State has failed to act in accordance with EU Procurement regulations in relation to the appointment of UCL as sponsor. The EU regulations require the Secretary of State to act in a transparent and non-discriminatory manner when granting public contracts.
The Council and Secretary of State disagree. They assert that a competition was not required and that the EU regulations do not apply in relation to sponsors of academies. Presently, it is unclear how local councils and/or the Secretary of State appoint sponsors and no advertisements are published, informing those who might be interested in running a school of the opportunity to bid.
This case is to be considered by the High Court on 5-10 November 2008. If the court finds in Ms Chandler’s favour, the ruling (particularly in relation to the EU procurement regulations) will have major repercussions on the academy project as a whole. A large number of proposals to establish academies are currently being negotiated throughout the UK, all of which will have to be reviewed if it is found that the decision-making procedure is unlawful.
Richard Stein, is the partner in charge of this case.
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