Education secretary Bridget Phillipson has revoked a school’s academy order after it had threatened legal action over its forced academisation in light of the government’s new intervention policy.
Tes previously revealed that Glebefields Primary School in Tipton was considering legal action after being issued with an academy order after twice being rated as less than “good” by Ofsted (a policy known as “2RI+”).
The order was issued under powers introduced by the last government, which allowed it to intervene in schools regarded as coasting because of consecutive “requires improvement” Ofsted judgements.
However, the Department for Education confirmed at the start of this academic year that from 2025 schools with two less than “good” judgements, otherwise known as “coasting” schools, will no longer have to academise.
However, schools that were already due to academise or transfer to a new trust by 1 January 2025 were told they would have to continue with that process.
Glebefields had been due to academise by 1 January, but the school had warned that the conversion process would not occur by this date.
Revocation request approved after change in policy
The government has now written to the school on 30 January to confirm that Ms Phillipson is overturning the academisation.
In the letter, seen by Tes, the interim regional director for the West Midlands, Jonathan Duff, confirmed that the education secretary has agreed to revoke academisation.
“The revocation request has been approved in light of the change of 2RI+ policy as an exceptional case,” Mr Duff told the school.
The DfE previously told Glebefields that the education secretary did not believe the case met the criteria to revoke academisation.
In response, Glebefields had issued a pre-notice warning to the DfE and the academy conversion process was put back until the end of January.
Headteacher Kate Jenks told Tes that the school was “delighted” with the result, although it was a “stressful time” for the school community.
”With the change in legislation in September 2024 and the unlikelihood of conversion by 1 January 2025, we believed that it was unjust for the government to continue with the forced academisation,” Ms Jenks said.
“This means that there is more certainty and consistency for staff, allowing us to continue with the great work we have implemented to ensure our pupils are successful.”
The DfE has previously admitted that forced academisation has not always been effective and can be “highly disruptive” for staff and pupils.
Academisation ‘incompatible’ with coasting school policy
Glebefields was represented by law firm Browne Jacobson, which said its client was right to question the lawfulness of the academisation.
“Continuing to direct academisation based on the timeline for this conversion was plainly incompatible with the government’s policy position on ‘coasting schools’,” Katie Michelon, a partner at Browne Jacobson, told Tes.
“It also made little sense in the context of Glebefields’ improvement journey,” she added.
Coasting schools due to convert to academies or transfer to a new trust after 1 January 2025 will now be supported by the government’s Regional Improvement for Standards and Excellence (RISE) teams.
The government is also due to announce more details of the RISE teams, which will be formed of civil servants and advisors, early this year.
Failing local authority schools will also no longer be automatically forced to become academies under the incoming Children’s Wellbeing and Schools Bill.
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