London Daily

Focus on the big picture.
Thursday, Sep 10, 2026

West Midlands primary school wins appeal against academy status

West Midlands primary school wins appeal against academy status

Judge calls decision not to revoke academy order ‘irrational’, as inspections halted during pandemic
A primary school in Sandwell, West Midlands, has become the first school to win a high court appeal against being forced to turn into an academy, arguing it could not demonstrate its improvement because Ofsted inspections were suspended because of Covid.

The governing body of Yew Tree primary school brought a judicial review against the education secretary, Gavin Williamson, after he refused to revoke an academy order imposed on the school in 2019, when it was rated inadequate by Ofsted.

In a judgment on Friday, Gavin Mansfield QC said he had “grave concern” about several aspects of the decision and there was clear evidence from the school “of both continued efforts to improve and success in achieving those improvements” that appeared to have been disregarded. He said the decision not to revoke the academy order was “irrational” and seemed swayed by a “perceived lack of support for academisation” from the local authority.

Jamie Barry, the headteacher at Yew Tree primary, described the result as a “huge relief”.

“We’re really pleased the judge has ruled the secretary of state acted irrationally because we’ve been corresponding for the best part of two years now and no matter how much evidence we were putting forwards, it never seemed to be enough,” he said.

“We’re not anti-academy, it is the right decision for some schools, and it could be the right decision for our school at some point, but at the moment that isn’t the case and we feel it would serve as a distraction to our school improvement journey to have significant change.”

Yew Tree was rated “inadequate” by Ofsted in January 2019 and upgraded in October to “requires improvement”. Governors and its local authority believe it would be rated “good” if visited by Ofsted again.

Mansfield noted that the suspension of Ofsted inspections for Covid constituted exceptional circumstances, and the decision on the academy order should have been based on “the substance of the performance of the school, not with whether there has been a formal grading by Ofsted”.

Barry said: “We invited [Ofsted inspectors in] and we said we would gladly risk assess it, but they weren’t legally allowed to because the law has changed because of Covid.”

If the school had been converted into an academy, changes would have come into effect in September, when children returned to school after a year of Covid disruption.

Paul Whiteman, the general secretary of the National Association of Head Teachers, said: “This case is important as the unnecessary disruption of a conversion would have been counterproductive.”

He said that while for some schools converting to academy status was a positive step, it could be “an unnecessary and unhelpful distraction” for others. “There are other schools in similar circumstances,” he said. “The pandemic prevented Ofsted from visiting schools but that does not mean that improvement journeys have halted. I hope that this decision will bring sufficient reassurance to them that their efforts and success throughout the most difficult of years will not be disregarded.”

A Department for Education spokesperson said: “We direct underperforming schools with an inadequate Ofsted rating to become academies because we know the support of a strong academy trust is the best way to secure sustained improvement in the best interests of pupils and the school community.

“We are now considering the next steps in relation to Yew Tree primary’s academy order following today’s high court judgment, which may include appealing [against] the court’s decision or assessing a new application from Yew Tree to set aside their academy order.”
Newsletter

Related Articles

0:00
0:00
Close
Merz Rebukes AfD Expansion in Saxony-Anhalt
Compass Urges £10 Million Wealth Tax and Public Ownership Ahead of UK Autumn Budget
UK Government’s Devolution Plans Face House of Lords Scrutiny
Maldives Seeks New Chagos Sovereignty Talks With UK Prime Minister Andy Burnham
UK Airports Face Continuing Disruption After National Air Traffic Control Failure
UK Bans Imports From Israeli Settlements and Expands Sanctions on Iran
British Chambers of Commerce Forecasts UK Growth of 1% as Investment Remains Weak
UK Suspends Local Government Reorganisation Decisions and Cancels Planned Shadow Authority Polls
UK Parliament Opens Inquiry Into Gaps in Climate Change Preparedness
Andy Burnham and Xi Jinping Hold Talks on Trade, Security and British Consular Cases
UK Joins France, Canada and Other Nations in Measures Against Israeli West Bank Settlements
UK Announces New Sanctions Targeting Iranian Nuclear and Military Networks
British Chambers of Commerce Calls for Business Rate Reform and Productivity Support
UK Farmers Warn Dry Summer Could Reduce Crop Yields and Push Up Food Prices
UK Rail Networks Hit by Widespread Delays After Major Signalling Failures
Matt Clifford Resigns as ARIA Chair After Conflict-of-Interest Scrutiny
UK and France Say Joint Border Operations Have Prevented More Than 48,000 Irregular Channel Crossings
UK Core Inflation Remains Above Expectations as Utility and Commodity Costs Stay Elevated
Jaguar Land Rover Considers Up to 4,000 UK Job Cuts Amid Automotive Industry Pressure
UK Government Pauses Local Authority Reorganisation for Legal Review
UK Public Borrowing Reaches £1.8 Billion in July, Adding Pressure Before Autumn Budget
Chancellor John Healey Puts Regional Devolution and Fiscal Discipline at Heart of UK Growth Plan
Counter-Terrorism Police Lead Salford Investigation After Two Teenagers Charged
UK Rejects Financial Reparations for Transatlantic Slavery
UK and Egypt Step Up Diplomacy Over Escalating West Bank Tensions
UK Pauses Council Reorganisation Across Four English Counties
Jaguar Land Rover Plans 4,000 Job Cuts in Major UK Restructuring
UK Unveils Planning and Regulatory Overhaul to Speed Infrastructure and Economic Growth
University of Bristol Opens £500 Million Innovation Campus
Families Give Evidence to Independent Review of Sussex Maternity Failures
Sweden Confirms Deportation of 458 British Citizens Over Post-Brexit Residency Rules
UK Launches £3 Million Challenge for Long-Duration Energy Storage
Reform UK Proposes £100 Billion in Spending Cuts and Brownfield Deregulation
Andy Burnham Warns Macron That EU Procurement Rules Could Hurt British Steel
Andy Burnham Faces Major Decision on Future North Sea Oil and Gas Drilling
SEND Support in England Projected to Reach One in 10 Pupils
England’s Housing Courts Struggle With Surge in No-Fault Eviction Cases
Violent Clashes Erupt in Portsmouth During Protest Against Asylum Processing
Three-Quarters of NHS Emergency Staff Report Regular Violence or Aggression
UK Considers Converting Female Prison Space for Male Inmates as Overcrowding Worsens
UK House Prices Record First Annual Decline in Nearly Three Years
UK Government Reassesses Policy Toward Israel Amid Calls for Diplomatic Shift
Reform UK Faces Police Scrutiny Over Alleged Foreign Donations Scheme
University of Bristol Opens £500 Million Temple Quarter Enterprise Campus
Online Bookmakers Accused of Privacy Breaches Through Cookie Consent Practices
Health Campaigners Urge UK Government to Abandon U.S. Pharmaceutical Agreement
Three-Quarters of UK A&E Staff Report Regular Violence or Aggression
Far-Right Demonstrations Target Portsmouth as Small-Boat Crossings Fuel Tensions
UK Records Hottest Summer on Record After Severe Heatwaves
UK Travellers Face Renewed EU Border Delays as Temporary Flexibility Ends
×