NEWS


Gove’s BSF legal costs could reach £4 million


by Daniel White


The government could have to fork out more than £4 million in legal costs after the Building Schools for the Future (BSF) High Court ruling, a legal expert has told SecEd. Six local authorities brought the


judicial review over the govern- ment’s decision to scrap a number of their BSF projects. The hearing in London’s High


Court took place last month and on February 11, Mr Justice Holman ruled in favour of the authorities on two points and ordered educa- tion secretary Michael Gove to reconsider their BSF projects. The judge said that in five of


the six cases, Mr Gove’s failure to consult on his plans was “so unfair as to amount to an abuse of power”. Mr Gove’s failure to discharge


the relevant legal equality duties was also found to be unlawful. Equality duties mean considering the potential effect of any deci- sion on “protected groups” and also ways to mitigate any damage. Following the ruling, the


Department for Education has been left with the legal costs of the six councils who challenged the decision. Sandwell Council’s costs alone


are £150,000 but Tiffany Cloynes, a partner and head of public sector at law firm Cobbett’s, told SecEd that the total bill could exceed more than £4 million. She explained: “One council


has said their legal costs could be more than £1 million, there are six councils, so the combined costs could be more than £4 million. It will be interesting to see what it is confirmed as being and what the reaction will be from the coun- cils, the public, and the House of Commons.” Between them, the authori-


ties have lost out on more than £740 million in BSF funding. Waltham Forest lost out on more than £275 million alone, and had also spent £17 million on develop- ment costs before the axe fell. For Nottingham, the ruling affects its Wave 5 projects for nine schools, totalling £90 million in funding.


Mr Gove now must address the


issues raised regarding consultation and equalities duties, and reconsider the schemes. Mr Gove could choose to reinstate BSF funding, but Mr Justice Holman said that once he has addressed the issues raised the minister may still “save all, some, a few, or none” of the BSF projects. If funding is not reinstated


there is still the possibility of extra funding being given to the coun- cils through the coalition’s capital buildings fund. Sandwell Council leader, Darren


Cooper, told SecEd that despite the High Court’s verdict he did not have confidence in Mr Gove pro- viding the borough with funding for the schools in “desperate” need for building work. He said: “I have no confidence


in Mr Gove’s judgement, he said in the summer he would come and


visit the schools in the borough after the Comprehensive Spending Review in October, and we’ve still not had any contact. “History shows that we will not


receive anything to help the schools in question. He has made funda- mental cock-ups and mistakes. It’s not personal, he just doesn’t seem to care – he makes promises just to break them. Mr Gove hasn’t appealed against the judge’s deci- sion, which to me proves he knew we were right all along.” Cllr Cooper has now invited the


prime minister, David Cameron, to the borough in the hope of con- vincing the coalition of the need to reinstate their funding. He added: “David Cameron


keeps saying we are all in it together. The people of Sandwell don’t feel that way, just look at the schools. In 2002 we were one of


the worst boroughs in the country for GCSE results. We are now hitting the national average at 80 per cent A* to C, just imagine what the young people of Sandwell could achieve with good facilities in schools.” Jim Mason, director of major


programmes at Nottingham City Council, said: “If (Mr Gove) listens with an open mind, like he says he will, then we have a chance of getting funding, whether he will or not is another matter. He needs to listen to our argument, and the rest of the councils, that’s all we’ve ever wanted. “Whether or not we’ll get fund-


ing through BSF or the capital grant, we are not at all confident. We have already received our capi- tal grant and nothing in there gives us any comfort or indication that we will get any extra.”


No timescale has been set by


the Department on when the cases will be reconsidered, although Ms Cloynes said that Mr Gove has pointed out he wanted it done quickly, which she feels could mean a decision in the next couple of months. She said that Mr Gove will have


to prove that he is being impartial and has made the right consulta- tions before making a decision. At the time of the ruling, a


Department for Education spokes- man said: “We are delighted that the judge did not call into question the decision to end the wasteful and bureaucratic BSF programme. On the substantive points he concluded that it was a rational decision and that the authorities involved had no expectation of being allowed to proceed with their projects.”


University develops Apps for autistic children


New Smartphone software has been developed to help autistic children cope with everyday tasks such as organising homework, remembering appointments, and using public transport. Researchers led by London’s


South Bank University have developed tailored Apps for Smartphones to help young people suffering from autism become more independent. The Apps are tailored for spe-


cific needs, such as a diary or a personal trainer to help manage everyday tasks and situations. The technology can be custom- ised for each user. An example of how it works


could be an autistic child who has a dentist’s appointment. His teacher or mother could pro- gramme a guide for the student into the Smartphone’s “personal trainer” App, explaining how they should behave at the surgery. The project has been tested


across Europe, including in the UK, with children showing a willingness to communicate while using the software. One school psychologist said the device had led to a reduction in the challenging behaviour of some students. There are currently two mil-


lion family members and carers of autistic suffers, with the condi- tion directly affecting more than half a million people in the UK. Joseph Mintz, who headed


the UK project at London South Bank University, said: “This project recognises the impor- tance of ICT in affording oppor- tunities to positively impact on the lives of young people ‘at risk’ of marginalisation. “The device helps them to


improve their life and social skills, foster better relationships with peers, increase their inde- pendence and acquire a more positive self-image. As a result, it could help to improve their edu- cational and employment pros- pects thereby enhancing their inclusion within society.” For more information, visit www.hands-project.eu


MP slammed for A level comments Northern Irish pupils come together for a better future


Wales’s education minister has been widely criticised after questioning whether so called “soft” A levels should be axed in favour of core subjects. Minister Leighton Andrews


said it was time to have a debate on whether students in Wales were gaining the skills sought by the top universities or employers or whether choice was now more important than quality. But unions have reacted


angrily, arguing the Welsh gov- ernment was now sending mixed messages to teachers and pupils after years of demanding more choice. During his speech to del-


egates at a conference of the education inspectorate Estyn, Mr Andrews referred both to a recent admission from the Russell Group of universities that its members did not rate all A levels equally and to concerns from employers about a lack of


basic skills. He then asked whether Wales should be looking at a nar- rower range of subjects. The minister added: “Isn’t it


time that we focused on quality and rigour, rather than an appar- ent choice which simply doesn’t meet the real needs of learners but panders to the alphabet soup of qualifications set up by the private examination boards. “I want to be clear, I am not


making this call with a view to being prescriptive about particular subject areas. I am simply starting a much-needed debate on the things that matter for our young people – a debate to see what employers and universities want in the years ahead.” The comments sparked a


backlash from unions across Wales. Geraint Davies, secretary for NASUWT Cymru, said: “I’m bemused at this announcement. The minister’s mantra over the years has been to extend the choice of


subjects available to pupils over the age of 14.” Dr Philip Dixon, director for


the Association of Teachers and Lecturers Cymru, warned a shift in policy could leave pupils and teachers in limbo. Dr Dixon said an emphasis


on traditional subjects would benefit more academic pupils, and stressed vocational qual- ifications must not be over- looked.


David Evans, secretary for


the National Union of Teachers in Wales, said: “It is important people get the basics right but it is also important students have a wider picture of the sort of choices they’ll have in future. I think the minis- ter should be looking to see what he can do to strengthen the current choices on offer. Narrowing of these choices means the narrowing of oppor- tunities for students.”


Sixth-form students from secondary schools across Northern Ireland are coming together to pave the way for a “shared and better future”. The Spirit of Enniskillen Trust’s


Sharing Education Together peer- led dialogue and learning project involves 16 secondary schools from different communities. Over the past five months, Spirit


of Enniskillen volunteers have been working in schools of all back- grounds, developing personal dia- logue skills in many hundreds of pupils. Following this, nearly 100 of


these pupils were selected to par- ticipate in residentials where they continued to explore differences and build on potential to lead dia- logue with others. Pupils explore how they can


work to support their teachers in delivering learning opportunities among their peers who are engaged


4


in the Northern Ireland local and global citizenship curriculum. A series of Sharing in Education


Together events and workshops have also been held in schools over the past year. These help pupils develop dia-


logue and leadership skills so that they can make their own contribu- tion towards a shared and better future for everyone. The volunteers believe it is


essential to have committed young people who can work effectively for better understanding and rec- onciliation across Northern Ireland. They also feel that leadership


needs to be demonstrated rather than taught. Among the participants is


18-year-old Sinead Loughran, a young volunteer from Donaghmore in Co Tyrone. She said: “It’s such an encouraging feeling being able to facilitate and work with other


young people to look at how we can make a positive contribution to the future of Northern Ireland.” Northern Ireland’s education


minister Caitriona Ruane says the Sharing Education Together project is an excellent platform on which to build and consolidate peace and reconciliation and celebrate diver- sity. She said: “By engaging with 6th-form students and encourag- ing open and enlightening dialogue between them, the project will help break down barriers and lay the foundations of a more open and diverse society in the future. “I am pleased that my depart-


ment is the managing agent for the Sharing in Education Programme, making use of the financial sup- port from the International Fund for Ireland, and wish all involved every success for the future.” For more information, visit www.soetrust.co.uk/p/together


SecEd • February 24 2011


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