Scrapping BSF was "an abuse of power" High Court rules (full update)

Resource type: Legal update: case report

Status: Published on 15-Feb-2011

Jurisdiction: England

A judicial review of the government's decision to end the Building Schools for the Future (BSF) programme, Luton Borough Council and others v Secretary of State for Education [2011] EWHC 217 (Admin), has found that the government acted "unlawfully and without justification" in failing to consult with the claimants and comply with its equality duties.

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Resource ID: 1-504-8237
Published: 15-Feb-2011
Products: PLC UK Construction, PLC UK Public Sector

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Topics

Central GovernmentCentral Government (http://incentives.practicallaw.com/4-386-1400)
Judicial ReviewJudicial Review (http://incentives.practicallaw.com/5-384-0921)
Public ProcurementPublic Procurement (http://incentives.practicallaw.com/7-103-1177)
Public Sector PowersPublic Sector Powers (http://incentives.practicallaw.com/6-384-2019)

Practice note: overview

Procurement route: structure of a Building Schools for the Future (BSF) project Procurement route: structure of a Building Schools for the Future (BSF) project (http://uk.practicallaw.com/topic9-383-7813)

Practice notes

A practical guide to the judicial review procedure A practical guide to the judicial review procedure (http://uk.practicallaw.com/topic9-376-4010)
An introduction to judicial review An introduction to judicial review (http://uk.practicallaw.com/topic1-376-4820)
Building Schools for the Future (BSF) Building Schools for the Future (BSF) (http://uk.practicallaw.com/topic6-382-6203)
Duty to consult: when does it arise and what does it entail? Duty to consult: when does it arise and what does it entail? (http://uk.practicallaw.com/topic0-507-0974)

Checklist

Cutting funding and public services: checklist Cutting funding and public services: checklist (http://uk.practicallaw.com/topic9-517-1129)

Article

Blog post: Building schools in the future: bid costs and cancelled projects Blog post: Building schools in the future: bid costs and cancelled projects (http://uk.practicallaw.com/topic8-502-7830)

Legal update: archive

Government ends Building Schools for the Future programme Government ends Building Schools for the Future programme (http://uk.practicallaw.com/topic3-502-7168)
Government failed to consult over changes to payment of PFI credits (High Court) Government failed to consult over changes to payment of PFI credits (High Court) (http://uk.practicallaw.com/topic1-520-0687)
No procedural legitimate expectation to be consulted about the removal of PFI credits (High Court) No procedural legitimate expectation to be consulted about the removal of PFI credits (High Court) (http://uk.practicallaw.com/topic4-507-1014)
Secretary of State for Education issues statement following BSF judicial review decision Secretary of State for Education issues statement following BSF judicial review decision (http://uk.practicallaw.com/topic5-505-0346)

Case page

Luton Borough Council & Nottingham City Council & Ors, R (on the application of) v Secretary of State for Education [2011] EWHC 217 (Admin) (11 February 2011) Luton Borough Council & Nottingham City Council & Ors, R (on the application of) v Secretary of State for Education [2011] EWHC 217 (Admin) (11 February 2011) (http://uk.practicallaw.com/topicD-000-3468)

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