School closure plan on hold after legal challenge

The outside of a primary school showing railings and a gate, some grass in front and several small bikes lined up in the playground Image source, Google
Image caption,

Leeds City Council confirmed it would not issue a statutory notice to close Queensway Primary

  • Published

Plans to close a primary school have been put on hold after parents launched a legal challenge over the council's decision.

Queensway Primary School in Yeadon, Leeds, was due to shut at the end of the school year after city councillors backed the move in a vote last month.

But specialist education lawyers for Irwin Mitchell said they had succesfully challenged the authority's decision based on "significant flaws in the consultation process".

Leeds City Council confirmed it would not issue a statutory closure notice and said it would "communicate the next steps, including directly communicating with stakeholders, shortly".

Parents and carers had earlier said they were "devastated" after being told by the council the school would close following a three-week consultation held in January.

Financial pressures and a low number of five-year-olds living in the area had put the school's long-term sustainability at risk, the council said.

A man in a suit stands outside a school Image source, Elizabeth Baines/BBC
Image caption,

Mark Duce, headteacher of Queensway Primary School in Yeadon, previously said he was "extremely saddened" over the closure

A legal challenge was launched amid parents' concerns the closure would have a considerable impact on pupils with special educational needs (SEND).

Almost half of the school's intake is made up of SEND pupils, and parents said mainstream schools in the area would not be able to meet the needs of their children.

Irwin Mitchell said under the statutory framework for school closures, it was mandatory to conduct a pre-notice consultation prior to issuing a statutory notice.

Lawyers had argued that the pre-notice consultation had failed on a number of grounds, including not giving adequate time for consideration and response from the public.

As part of the legal challenge, the council was urged to stop the plan or face a judicial review in the High Court.

'Traumatise children'

Education lawyer Abigail Hands, from Irwin Mitchell, said: "This outcome underscores the importance of adhering to lawful procedures for school closures, including conducting a proper consultation.

"There were serious concerns regarding the haste with which Leeds City Council were pursuing the closure and the impact this would have on the children, particularly those with special educational needs."

Ms Hands said it was now understood that unless the authority started a new statutory procedure, including a fresh pre-notice consultation, then the proposed closure of the school could not "lawfully and feasibly progress before September 2025".

"Lawyers have urged Leeds City Council to promptly communicate that Queensway Primary School is not closing, and update the wider community to confirm that school places will be available for the academic year beginning in September 2025," she added.

A Leeds City Council spokesperson said: "The council can confirm it has informed Irwin Mitchell that it will not issue a statutory notice in reliance on the January-February consultation and the decision of Executive Board from 12 March 2025."

'Horrific situation'

Rick, whose six-year-old son attends Queensway, said: "While I'm very happy justice has finally been done and this unlawful process has been forced to end, we now must see a quick and sincere response from Leeds Council."

That would be "not only to ensure Queensway is never put in this horrific situation again, but to recognise the amazing work this school does".

Meanwhile, foster carer Nick, who looks after children who are also pupils at the school, said Queensway provided services for some of the most vulnerable children in a way other schools could not match.

"I have genuinely not known how or where I would find the same level of support for children with additional needs and trauma," he said.

"I hope now that the council will recognise the essential job that Queensway does, support and nurture this great school and help it to concentrate on teaching our children, rather than seeking to further traumatise already vulnerable children by seeking to revisit closing our school again."

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