A settlement has been reached ahead of the judicial review hearing over the government’s decision to grant permission for a new school sixth form which colleges believed did not comply with official guidance.

The judicial review, which had been due to go ahead today, was initiated by the Association of Colleges (AoC) and Havering Sixth Form College, to challenge the Department for Education’s decision to fund a new school sixth form at Abbs Cross Academy and Arts College in Hornchurch, London. The school was rated inadequate by Ofsted in its most recent inspection. The application for the new school sixth form has now been withdrawn by the Loxford School Trust. As a result, the government has also withdrawn its decision to approve the new sixth form.  

The AoC had argued that the application failed to meet guidelines set out by the DfE in March. These include that applications should “normally” be put forward only by schools rated “good” or “outstanding” by Ofsted, which offer a broad range of A-level subjects and expect to enrol 200 or more students. The government guidance also stresses that any new sixth form must not be a financial burden on the rest of the school.

Speaking today, David Hughes, chief executive of the AoC (pictured), said: “We are delighted with this outcome - we did not believe that the proposed sixth form met the DfE’s own guidance or that it would be in the interests of young people. We were also seeking more clarity on how decisions using the guidance operate in practice across the country.

“The decision by the Loxford School Trust to withdraw the application for a new school sixth form is in the best interests of young people in the local area because they already have access to good quality provision in the area.

“I am also pleased that DfE has agreed to review the guidance and how decisions are reached. It is imperative that we have robust guidance on establishing new school sixth forms that is consistently followed to ensure quality and viability of post-16 education. The decision to permit a new school sixth form is one which has significant implications for everyone involved and therefore requires clear, unambiguous guidance and careful scrutiny of the evidence of need, probable numbers and the breadth and quality of the proposed offer.

“AoC, on behalf of its member colleges and of students, will always keep a close watch on the actions and decisions made by the government. Initiating a judicial review was not a step that we took lightly but we believe that that this is a very positive outcome which demonstrates that we were right to challenge the decision making process in this case.” 

A spokesperson from the DfE said: “The Loxford Trust asked the department to reverse its decision to allow the establishment of a sixth form at Abbs Cross Academy and Arts College. The trust recognised its consultation with the local authority was not adequately conducted.”

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