On 11 February 2011 the High Court ruled that the Government's decision to cancel Building Schools for Future (BSF) projects in six local authority areas (Nottingham, Luton, Newham, Waltham Forest, Sandwell and Kent) was unlawful because of a failure to consult. There was no overriding public interest which precluded consultation. In five of the cases the judge even said that the cancellation was 'so unfair as to amount to an abuse of power'.

The future of these projects is now unclear as the judge concluded that 'there was no promise or expectation' that these projects would be reinstated. It is, however, expected that the Secretary of State, Michael Gove, will look again at the decisions with regard to representations made by the authorities.

This decision is, however, unlikely to pave the way for further challenges to the Government's cuts. The judge said that in his view, as seven months had passed since the decision, it would be too late for other authorities to apply for judicial review.