Pooles Park pupils and parents when they were told their school had been saved from closure

ISLINGTON Council is preparing to launch a High Court challenge against the government over a new academy school, the ­Tribune can reveal.

A legal letter from Islington’s litigation team accused the Department for Education (DfE) of an “abuse of power” over the secretary of state’s decision to turn Pooles Park Primary School, in Finsbury Park, into an academy.

Islington Council had voted to close the school in Lennox Road in June due to falling pupil numbers and an “inadequate” Ofsted rating. But the government overruled the council and insisted it could remain open as an academy.

The letter gave the DfE 14 working days to respond – a deadline that passed last Friday – and said the idea that an academy would attract more pupils was “irrational” and offered “forlorn hope” of turning around a London-wide trend that is seeing parents of primary school children quit the capital for decent-sized and affordable housing.

It said: “We write in accordance with the pre-action protocol for judicial review, setting out the basis for a proposed challenge to the refusal on the part of the secretary of state for education to revoke an academy order made in respect of Pooles Park Primary School.”

The Tribune reported a fortnight ago on speculation about a formal legal challenge against the decision to keep Pooles Park open, which affected two other schools.

After the DfE announced education secretary Gillian Keegan’s decision in the summer that Pooles Park would be saved and become an academy, the council said another school would have to close as a result.

Months later the council targeted Blessed Sacrament and an­nounced the potential merger of Montem and Duncombe primary schools.

Islington wanted to close Pooles Park due to falling numbers of pupils at the school, which has a 42 per cent vacancy rate.

But the closure was part of a broader plan to protect other schools in the borough – with Good or Outstanding ratings – also struggling for numbers, from closure. Islington has almost one in five reception places unfilled.

As schools get funding according to the number of pupils they have, falling pupil numbers can leave schools in precarious financial positions.

The council had made its feeling clear at the time, complaining it had been “undermined” by the government.

The letter said: “In summary, she disputed the surplus places in the school and the local area. The minister was content that the school had a viable long-term future with a strong Academy sponsor.”

“The decision not to revoke the academy order was irrational and an abuse of power,” it added, describing the suggestion an academy would attract more pupils in the future as “a forlorn hope”.

“Given the 20 per cent vacancy rates across the borough and higher rates in the Hornsey area, there simply are no children who are unable to obtain a place in another local school or special school.”

In September the Bridge Academy Trust took over running Pooles Park, which received an “inadequate” Ofsted inspection in November 2022, and was put into special measures.

A judicial review of Ms Keegan’s decision would see a High Court judge look at whether the decision was flawed and should be overturned.

The Tribune asked the council to see the legal letter sent to the DfE a fortnight ago, but was told it was legally privileged.

Islington confirmed it received a response from the DfE yesterday (Thursday) but said it “will need to consider our position before taking any further action” and again, refused to share any further information claiming it was “legally privileged”.

Schools lead councillor Michelline Ngongo said: “We’ve spoken to hundreds of parents and staff as part of our consultation on plans to merge Montem and Duncombe Primary schools. This includes holding sessions to talk through the proposals and what it will mean for pupils, as well as receiving more than 700 responses to our online consultation. We will listen carefully to this feedback, which will help shape our decision-making. At Montem, Duncombe and Pooles Park we are following the legally required routes of consultation and prescribed DfE process to ensure transparency and are committed to working with each school community.”