Save Whitchurch

We heard this week that he appeal was refused, however, when we read the judgement it did not appear to address the arguments that were put forward for the appeal.

Under advice we have requested an oral hearing. This is to be held on the 22 March. If we are given permission the full hearing should be held soon after, date tbc.

This is a similar position to when we first applied to have the minister’s decision judicially reviewed. That application was refused and then granted at an oral hearing.

Will send another update as soon as we know anything more.

SENAG

Save Eglwys Newydd
Action Group, Update 5/10/2011

We presented five broad arguments in the
recent Judicial Review (JR) case. Very briefly, these were:

1) Welsh Assembly Government (WAG) could
not say lawfully and rationally that Eglwys Newydd was not a “popular” school
within the meaning of paragraph 2.2 of the Circular (please see note
below).

2) No evidence presented that the
alternative provision will be at least equivalent to that currently
existing.

3) No evidence that the alternative
provision will be provided at a lower cost.

4) WAG was wrong to accept the council’s
projections of demand for English Medium education.

5) Unlawful policy.

Points 1 to 3 are based on a statement of
guidance that the WAG Minister’s have to follow and is published in a WAG
guidance document – Welsh Assembly Government Circular 21/2009 on School
Organisation Proposals.

Paragraph 2.2 of the above
says:

“The Welsh Ministers would not
normally be prepared to approve closure of a popular  and  effective school
unless evidence is presented that the alternative proposed  would offer at
least equivalent quality and diversity of education at lower total cost  than
would have  been available had the school remained open.”

An example of point 4 is we say that using
the number of pupils at school in 2010, as the start point for a demand
projection, is wrong. Our reasoning is in that particular year, the number of
Reception-aged pupils admitted was only sufficient to fill one class instead of
the usual two due to the Council’s announcement that the school was to close.
This “blight” affect is a recognised phenomenon.

Point 5 introduces the discrimination
between how Welsh and English demand is being treated very
differently.

The case presented was very strong and we
feel that we have had a fair hearing – at the very least, an objective and
independent official has heard what we have had to say.

The court did not hear our final reply to
Council and WAG’s statements. We are submitting this as a written response to
the Judge.

The Judge will read this and review all
submitted evidence on Monday and Tuesday next (3^rd and 4^th
October).

We should hear the result within a few
weeks. Our Barrister (QC) thinks maybe sooner, but the Judge can take whatever
time he sees fit.

We are confident that we have done enough,
but are cautious that the Judge might not agree. WAG could appeal if we
win. Legal Aid will cover most, or even all, of the costs if this happens.