London Borough of Brent, R (on the application of) v Temporary Governing Body of the Avenue School [2005] EWHC 2436 (QB) (04 November 2005)

London Borough of Brent, R (on the application of) v Temporary Governing Body of the Avenue School [2005] EWHC 2436 (QB) (04 November 2005)

The Avenue School attained voluntary aided status on 1 April 2005 as per the statutory scheme and approvals, and the First Defendant is required to implement the proposals and provide funding accordingly. The proceedings are not 'charity proceedings' under section 33 of the Charities Act 1993. Interim relief restraining surrender of the lease is necessary to preserve the school's occupation of the premises.

Citation
[2005] EWHC 2436 (QB)
Parties
Claimant: THE QUEEN on the application of THE LONDON BOROUGH OF BRENT; First Defendant: FED 2000 (a Board of Trustees of the formerly independent school, The Avenue School); Second Defendant: THE TEMPORARY GOVERNING BODY OF THE AVENUE SCHOOL
Jurisdiction
England and Wales
Judgment Date
04 November 2005
Procedural Posture
Judicial Review / Final Judgment Following Written Submissions on Outstanding Issues and Proposed Order
Outcome
Application for judicial review against the First Defendant allowed; against the Second Defendant dismissed.
Legal Topics
Voluntary Aided School Status, Implementation of Statutory Proposals, School Funding, Lease of School Premises, Interim Relief, Charity Proceedings
Administrative Law Education Law Charity Law Voluntary Aided School Status Implementation of Statutory Proposals School Funding Lease of School Premises Interim Relief +1 more

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Parties

THE QUEEN on the application of THE LONDON BOROUGH OF BRENT

Claimant

FED 2000 (a Board of Trustees of the formerly independent school, The Avenue School)

First Defendant

THE TEMPORARY GOVERNING BODY OF THE AVENUE SCHOOL

Second Defendant

Procedural Posture

Judicial Review / Final Judgment Following Written Submissions on Outstanding Issues and Proposed Order

Legal Issues

  1. 1 Whether the Avenue School attained voluntary aided status on 1 April 2005
  2. 2 Whether the First Defendant is obliged to implement the proposals for voluntary aided status
  3. 3 Whether the proceedings constitute 'charity proceedings' under section 33 of the Charities Act 1993

Ratio Decidendi

The Avenue School attained voluntary aided status on 1 April 2005 as per the statutory scheme and approvals, and the First Defendant is required to implement the proposals and provide funding accordingly. The proceedings are not 'charity proceedings' under section 33 of the Charities Act 1993. Interim relief restraining surrender of the lease is necessary to preserve the school's occupation of the premises.

Court Disposition

Application for judicial review against the First Defendant allowed; against the Second Defendant dismissed.

Orders

  • First Defendant to implement proposals to establish a voluntary aided school as per notice of 28 May 2004.
  • Declaration that the School came into existence as a voluntary aided school on 1 April 2005.