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 School attained voluntary aided status on 1 April 2005 as per the statutory scheme and approved proposals; the First Defendant is obliged to implement the proposals and is restrained from surrendering the lease to preserve the School's operation and enforce public law obligations.

Citation
[2005] EWHC 2436
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 With Supplementary 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 and Final Injunctive Relief
Administrative Law Education Law Charity Law Voluntary Aided School Status Implementation of Statutory Proposals School Funding Lease of School Premises Interim and Final Injunctive Relief

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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 With Supplementary 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 statutory proposals
  3. 3 Whether the First Defendant can be restrained from surrendering the school lease

Ratio Decidendi

The School attained voluntary aided status on 1 April 2005 as per the statutory scheme and approved proposals; the First Defendant is obliged to implement the proposals and is restrained from surrendering the lease to preserve the School's operation and enforce public law obligations.

Court Disposition

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

Orders

  • Declaration that the School attained voluntary aided status on 1 April 2005.
  • First Defendant to implement the proposals to establish a voluntary aided school.