Update on Legal Challenge – May 2018

Update on the current status of the legal challenge against the granting of planning permission for Katherine Warington School, and some information on the procedural steps that Hertfordshire County Council and the Education and Skills Funding Agency will be following.

An application for permission to judicially review the County Council’s Planning Decision dated 15th March 2018 was made on Thursday 26th April 2018. HCC acting as the Defendant local planning authority has filed summary grounds to the court. HCC as the local education authority has also separately filed summary grounds exercising its rights as an Interested Party in proceedings. The ESFA has a deadline of 1st June 2018 to do the same as an Interested Party.

In order to resolve the situation as soon as possible, the ESFA has also filed an application for an expedited hearing (supported by the County Council acting as an Interested Party), to be heard no later than 29 June 2018. Following any judgement made by the High Court, there are options for parties to appeal the decision.

The ESFA legal team is currently preparing summary grounds, to be filed by the deadline above. We are also waiting for confirmation of whether the application for an expedited hearing will be granted and a likely date.

We will provide further updates as we receive them.