The Governing Body of the Warren Comprehensive School, R (On the Application Of) v Secretary of State for Education

A maintained school requiring special measures may be converted into a sponsored academy where the statutory conditions are met. The Secretary of State may rely on accurate performance statistics, including statistics compiled under the current accountability framework, even where that framework is due to change. A different or more refined comparison does not establish a material error of fact if the chosen evidence provides a rational basis for the decision. The decision-maker must consider likely disruption, but may conclude that short-term disruption is outweighed by the prospect of long-term improvement. A decision is not premature merely because future examination results or an inspection might show further improvement.

The Warren Comprehensive School had been placed in special measures. The Secretary of State made an Academy Order and decided to appoint an interim executive board. Following further consultation, he decided that the school should become a sponsored academy supported by Loxford Academy Trust, rather than enter a hard federation with Robert Clack School.

The governing body and the local authority sought judicial review. They alleged material errors in the statistical evidence, inadequate consideration of disruption, and prematurity or irrationality in deciding to proceed before further examination results and Ofsted monitoring.

1. Outcome. Permission was granted to challenge the Secretary of State’s decisions of 6 January and 12 May 2014 on the amended grounds, but the claim was dismissed.
2. Under Part 4 of the Education and Inspections Act 2006, a maintained school requiring special measures is eligible for intervention. Section 4(1)(b) of the Academies Act 2010 therefore permitted an Academy Order. Conversion itself occurs only when academy arrangements are entered into.
3. The statistics relied on by the Secretary of State accurately compared sponsored academies with local-authority maintained schools. The fact that a comparison with schools requiring intervention, or a comparison excluding equivalent qualifications, might be preferable did not make the selected comparison factually erroneous. The Secretary of State was entitled to consider statistics produced under the then-current accountability framework, notwithstanding its planned future alteration. The evidence as a whole provided a rational basis for concluding that sponsored academies could improve attainment and progress.
4. The Secretary of State had regard to concerns about disruption to staff and pupils. He was entitled to conclude that conversion could be managed so as to minimise short-term disruption and that its long-term benefits outweighed that risk.
5. The decision was not premature. The school remained in special measures, and Ofsted had given no assurance that it would soon be removed or that improved examination results would necessarily lead to removal. In light of persistent underperformance, the Secretary of State was entitled to act without waiting for later results or inspection findings and was entitled to reach a different conclusion from consultees.