Revocation of Academy Order (Yew Tree Primary School v SSE)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Irrationality
• Fettering of discretion
• Case details

Article summary

Local Government analysis: Yew Tree Primary School (the school) challenged the Secretary of State for Education’s (SSE) decision not to revoke a directive Academy Order. The Academy Order had been issued when the school was judged to be inadequate by Ofsted, but it came out of this category before conversion to academy status had taken place. The court held that the SSE’s refusal to revoke the Academy Order was irrational. This is the first case that has been decided against the SSE with regard to forced academisation and the revocation of a directive Academy Order under section 5D of the Academies Act 2010 (AcA 2010). It is also the first time that the associated sections of the Department for Education’s Schools Causing Concern Guidance (the Guidance) have been tested in court. Written by Katie Michelon, senior associate at Browne Jacobson LLP.