DIOCESE LAUNCHES FORMAL CHALLENGE AGAINST COUNCIL OVER SCHOOL CLOSURES

The Diocese of Portsmouth has begun a process paving the way for a potential Judicial Review of the Isle of Wight Council’s plans to close 3 Church of England schools.

A formal ‘Letter before Claim’ has been sent to the Isle of Wight Council’s legal team, setting out the diocese’s case ahead of possible legal proceedings.

The diocese argues that the Council has not carried out a fair and reasonable process in identifying Oakfield CofE Primary, Brading CofE Primary and Arreton St George’s CofE Primary Schools for closure – alongside Cowes and Wroxall Primary Schools. It has urged the council to restart the whole consultation process – or face possible litigation.

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It follows detailed responses from the Bishop of Portsmouth and the Diocesan Board of Education to the Isle of Wight Council’s proposals to close 6 schools – later reduced to 5 – because of a surplus of places. A meeting of the full council has already voted against the closures in a non-binding vote in January.

Jeff Williams, Diocesan Director of Education, says:

“The diocese has been involved in the closure of CofE schools in the past, and we don’t object to the closure of CofE schools on every occasion when it is deemed necessary. However, his process has been flawed from the start, as we have explained to councillors and officers multiple times.

“The reasons the council have given for school closures have been unclear, inconsistent and risk doing further damage to communities that have already been hit hard by these ill-informed plans. If the Cabinet agrees to these closures, it could set a precedent for future school closures on the Isle of Wight – that they can arbitrarily select schools for closure without fair and objective criteria being used.

“We believe the Cabinet should listen to its own councillors, its MP, its school communities and its voters and refrain from taking a decision on March 6. We would like them to pause and consider a restart of the entire process based on published, transparent, coherent and consistently applied criteria. The diocese is happy to work with the council and all schools across the island to address the significant challenge of surplus school places.

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“We only want what is best for the children and families living on the island. We believe this can only be achieved by working together on new proposals that we can all feel confident about.”

The ‘letter before claim’ asserts that:

• There was a failure to consult with all interested parties – including the diocese and the schools – before the six schools were originally identified for closure in September 2024.
• There was a lack of clarity about the criteria applied by the council to identify the schools for closure, which has not remained consistent throughout public documents and meetings.
• The original proposals referred to academic standards as a reason for closure, contrary to DfE guidance, which states that it is inappropriate to address failing schools through school place planning.
• The proposals also suggested that the council could close a school because of under-performance and recommend an alternative school with a similar Ofsted ruling, which appears illogical.
• The council had suggested proposed alternative uses of the school sites after closure, even though the diocese owns the land and would need to agree its future use. No such consultation has taken place, but the conflation of school closures and possible future use of the sites suggests the outcome was pre-determined.
• Unlike previous school reorganisation processes on the Isle of Wight, there has not been a freeze on recruitment of school staff until final decisions are made. Currently jobs are being advertised at schools not threatened with closure, while staff at the three CofE schools have been given redundancy estimates – ahead of a final council decision. This suggests the process has been pre-determined.
• The council has not explained why there is a disproportionate reduction in the number of places in CofE schools in their proposals. Faith is a protected characteristic under equality legislation, and these proposals significantly reduce parental choice when seeking a CofE education for their children.
• Council officers have revealed their lack of understanding by suggesting that a ‘Christian education’ is available at a nearby Roman Catholic school. CofE and RC schools are significantly different – CofE schools exist to serve their community, whereas RC schools teach the Catholic faith.
• All five schools identified for closure are in the top nine schools with the highest percentage of children with special needs (SEND) on the island. The proposals contain little information to address concerns about the displacement and increased travel time for vulnerable SEND pupils.
• The proposals don’t take into account that Oakfield and Brading serve some of the most deprived communities on the island, or address the increased travel time and costs for disadvantaged families in finding alternative CofE education.
• DfE guidance has a presumption against closing rural schools, such as Brading and Arreton, unless the case for closure is strong. The proposals include no information about alternative venues for the services those schools provide for their rural communities.
• DfE guidance has a presumption against closing nursery schools, such as those located at Oakfield and Brading, unless the case for closure is strong. The proposals include no information about alternative early years provision.

The Diocese of Portsmouth has given the Isle of Wight Council 14 days to respond.