Unlawful Consultation for Academisation of Avenue Primary School E12

by Sayesta Miah & Soyeb Patel

Unlawful Consultation for Academisation of Avenue Primary School E12

by Sayesta Miah & Soyeb Patel
Sayesta Miah & Soyeb Patel
Case Owner
We are both parents of children at Avenue Primary School. Representing and voicing concerns for over 200 parents, carers and staff. Fighting for equality & justice for our community school.
Funded
on 19th February 2018
£7,335
pledged of £15,000 stretch target from 129 pledges
Sayesta Miah & Soyeb Patel
Case Owner
We are both parents of children at Avenue Primary School. Representing and voicing concerns for over 200 parents, carers and staff. Fighting for equality & justice for our community school.

Latest: April 13, 2018

Permission for Judicial Review granted!!!

Breaking News!!!

Permission for judicial review has been granted by the High Court.

This is an amazing result for us all and is only possible by your continuous support.

Thank you all for the support an…

Read more

Background

We, along with other parents of Avenue Primary school in Newham, London, are fighting for justice. Justice for ourselves and on behalf of our children’s education, which we feel is being compromised and will continue to deteriorate. We are questioning the reliability and transparency of the school’s governing board, who have made a MAJOR decision to convert our community school to an academy status and join the EKO Trust without adequately engaging or consulting parents.

Newham is a diverse borough with a high migrant and transient community. We are rich in culture and proud of our heritage. This is the beauty of London, we welcome all, engage and facilitate participation.

On 29th January, in response to a letter from our solicitors, the Governors told us for the first time, the Secretary of State has made an 'academy order' on the 14th December 2017 - the same day that the Governors decided to go ahead with the conversion.

Why we find ourselves challenging the decision made by our school governing board 

Unfortunately, we feel that our diversity, and the assumption that we would not understand, has been used against us. There seems to have been an expectation that we would not challenge academisation. That we would silently watch our school be taken away from us. Far from it, this issue has brought our community together. We want to challenge the decisions made and believe we have grounds to do so. Academisation is a national issue enforced by the Conservative government affecting all schools. Interestingly, many conservative held boroughs are not academising. We are a good school, we are not failing nor are we coasting so why the pressure to convert?

Time and time again, our views and opinions have been ignored. We have sent numerous emails and letters raising our concerns; held parent protests; our teachers have taken strike action. Yet still, the school chooses to ignore our request for a fair process in this major change.

The law requires proper engagement with stakeholders (including parents) via a lawful consultation that takes into account their views, and which has due regard to the needs of protected individuals, such as children with special educational needs. We do not consider that the governors have complied with those requirements

Why we say no

In recent months there has been significant media coverage of how Academies are not working in the interests of students. There is evidence to show that once a local authority school is converted into a MAT the standard of education often drops and financial oversight becomes much more difficult. Academisation does not improve pupil attainment. There are many cases of squandered reserves, massive CEO salaries and corruption related to Multi-Academy Trusts in this country. Currently finances are funnelled through national and local government ensuring that there is a level of accountability. Academies receive finances straight from the government and there is little monitoring.




Fact: Academy conversion does not benefit educational attainment in primary schools
Source: House of Commons Education Committee: ‘Academies and free schools’ (2015)
https://publications.parliament.uk/pa/cm201415/cmselect/cmeduc/258/258.pdf
“We have been unable to locate any evidence ... of a relationship between primary academy status and raised attainment”

The decision for MAT should be made by all stakeholders - especially parents and teachers, rather than by a handful of undemocratically selected individuals. Currently there is concern that the majority of the school’s governing board may be attracted to the financial gains of becoming an Academy not for the students or the community but for themselves.

We must ask ourselves why we should proceed with this process if the National Education Union - the largest union for teachers, oppose it and the government retracted the need for all schools to become academies in May 2016. There is no pressure – the only driving force is financial gain for a few. It is certainly not in the interests of our children.

If the General Medical Council issued a statement opposing a medical treatment, how many of us would consider or support the treatment? none of us! because they are the professionals , the experts, just as our teachers are in relation to education.


Fact: Multi Academy Trusts are less accountable to parents
Source: House of Commons Education Committee Report ‘Multi-academy trusts’ (2017)

https://publications.parliament.uk/pa/cm201617/cmselect/cmeduc/204/204.pdf
“We were told by parents that MATs are not sufficiently accountable to their local community and they feel disconnected from decision making at trustee board level”.

Flyer for parents in 8 common languages in our school


What we hope to achieve 

On 19th January 2018, our solicitors sent a “letter before claim” to the governors urging them to reconsider their position. Sadly they have chosen to dismiss our request, and our offer to attempt to resolve this dispute informally. The governors have also point blank refused to disclose any documents explaining the reasons behind their decision, including the minutes of their crucial governing board meeting in December. We have been given no other alternative but to continue through the legal system in order to seek justice. To make things more difficult the governors have said that they will "vigorously resist" our application for a costs capping order, which would provide us with some protection from the potentially large adverse costs that we could be ordered to pay if we lose the case. All we can now do is begin judicial review proceedings to challenge the decision. 

We need your support to meet our own legal costs and the potential adverse costs. This is to help with the cost of the ‘permission’ stage of the judicial review. 

Please help us to raise the funds by donating to the campaign. Only together can we hold the governors to account!

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Update 6

Sayesta Miah & Soyeb Patel

April 13, 2018

Permission for Judicial Review granted!!!

Breaking News!!!

Permission for judicial review has been granted by the High Court.

This is an amazing result for us all and is only possible by your continuous support.

Thank you all for the support and encouragement and please continue to share our crowd justice page to reach our target.

Thanks Again,

 Sayesta & Soyeb

Update 5

Sayesta Miah & Soyeb Patel

March 26, 2018

Interim relief granted

Firstly we would like to thank everyone for their continues support and encouragement.

We have lodge a claim to the courts for a judicial review. Following an application at the Royal Courts of Justice on Thursday 22 March 2018, we have been granted interim relief.

We are now waiting to see if permission is granted as well as our cost capping application.

At the hearing on Thursday, the judge indicated that our case is arguable and is also in the public interest.

Please continue to support us to reach our target for any potential adverse costs and contributions towards our legal costs.

Thank you

Sayesta and Soyeb

Update 4

Sayesta Miah & Soyeb Patel

Feb. 16, 2018

Update on solicitors

To All Our Donors,

Thank you so much for your continued support. We would not have been able to get here without you all. 

We wanted to update you on our current situation. With regret Bindmans LLP are unable to continue with our case due to our funding situation. However, they have kindly linked us up with Leigh Day & Co solicitors who are happy to take our case forward.

We have therefore lowered our target on CrowdJustice to £5,000 with a stretch target of £15,000 this is solely to cover our adverse costs.

Please continue to support and raise awareness of our campaign. 

We stand united against academisation. 

Soyeb Patel & Sayesta Miah

Update 3

Sayesta Miah & Soyeb Patel

Feb. 13, 2018

We believe in what we stand for!!!

Thank you all who have contributed to this grass root cause!!! It means a lot to us and shows that all are aware of the consequences academies can bring... watch the following clip of teachers and parents showing passion and making their voices heard...

https://www.youtube.com/watch?v=5oO1xTiHcFs

Keep on spreading and get your friends, families, communities to help us raise funds!!!

Thank You Again.

Update 2

Sayesta Miah & Soyeb Patel

Feb. 13, 2018

We believe in what we stand for!!!

Thank you all who have contributed to this grass root cause!!! It means a lot to us and shows that all are aware of the consequences academies can bring... watch the following clip of teachers and parents showing passion and making their voices heard...

https://www.youtube.com/watch?v=5oO1xTiHcFs

Keep on spreading and get your friends, families, communities to help us raise funds!!!

Thank You Again.

Update 1

Sayesta Miah & Soyeb Patel

Jan. 31, 2018

Pre-action letter and response from governors

Attached are the pre-action letter to the school and there response:

Pre-action letter from BindmansLLP

Response to our pre-letter from the Governors

Thank you for your support and continue to support our case for the future of our children and staff.

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