The Administrative Court has declared unlawful the decision by the Secretary of State for Education to freeze funding for the rebuilding and refurbishment of schools in six local authority areas.

The case arises from the decision made by the current government, shortly after it was elected, to bring to an end the Building Schools for the Future programme. This had been one of the flagship policies of the last administration. In the course of that decision, certain school projects in the funding pipeline were allowed to proceed, while others were cancelled. A group of aggrieved local authorities challenged the basis on which the cut-off point was determined.

In his judgment of 11 February, Mr Justice Holman held that there had been serious procedural failures in the making of the decision so as to render it unfair. He has remitted it to the Secretary of State to be reconsidered.