Alex Line and Imogen Egan successfully resist challenge to school closure decision by local authority

In R (BIA, BKT, BKD, BLT) v (1) Islington Borough Council (2) Governing Body of St Jude and St Paul’s School (3) Parochial Church Council of St Judge and St Paul’s School (4) London Diocesan Board for Schools, Alex Line and Imogen Egan successfully represented the Defendant local authority in a challenge to its decision to close a local voluntary aided primary school.

In April 2025 the local authority decided to close the school pursuant to powers under the Education and Inspections Act 2006, following a consultation process which started in late 2024. The school was a small primary school which had been significantly undescribed for several years. The Defendant concluded that it no longer remained viable and so took action to discontinue it.

Some parents of pupils at the school launched a judicial review challenge against the decision, in an effort to stop the Defendant’s decision taking effect. The challenge was based on irrationality, breach of the Tameside investigative duty, and on breach of the Public Sector Equality Duty (in the light of impact on pupils with disability and those of the Christian faith).

Given the urgency of the issue the Court ordered a half day permission hearing, which took place before Mr Justice Jeremy Johnson on 18^th June 2025. Following a detailed hearing, in an ex tempore judgment permission to proceed with the claim was refused on all grounds.

Alex was initially instructed to provide strategic advice to the Defendant and to draft its defence and legal submissions in response to the claim. Imogen represented the Defendant at the hearing before the High Court at which permission was refused.

This represents another example of Outer Temple’s successful and increasing involvement with high profile education work.

Press Coverage

The matter has been reported in the local and national press, see below:

• Islington primary schools to close due to falling pupil numbers – BBC News
• Parents launch High Court bid to save Islington school | The Standard
• School closure: No grounds for legal challenge judge rules | Islington Tribune

Find out more

Alex Line

Alex specialises in the areas of employment and education law. Alex has significant experience of education law, and has been ranked in both Chambers and Partners and Legal 500 for several years in relation to this area. His work encompasses the full spectrum of education law, including: special educational needs, admissions, exclusions, safeguarding, discrimination, civil and public law claims concerning schools, colleges and universities. He acts for individuals, local authorities, and education institutions alike.

To find out more about Alex, contact Nick Levett on +44 (0)20 7427 4908 or Chris Rowe on +44 (0)207 427 4911 for a confidential discussion. 

Imogen Egan

Imogen specialises in employment, education, public law, personal injury, and clinical negligence disputes. Imogen represents local authorities and parents in the SEND First Tier Tribunal and Upper Tribunal in EHCP appeals. Her employment and personal injury practices leave her well placed to advise on discrimination and personal injury claims against schools.

To find out more about Imogen, contact Nick Levett on +44 (0)20 7427 4908 or Paul Barton on +44 (0)20 7427 4907 for a confidential discussion.

News 1 Jul, 2025