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ACE notes that the High Court has ruled against the government in the case regarding the Building Schools for the Future programme. The case demonstrates the need for decisions on public sector spending to be taken in partnership will all parties.
A case was bought by six local authorities who claimed the decision to cancel their projects was illegal because of the nature of how it was undertaken. The judge agreed that this was the case because although the economic situation was pressing, it did not result in an overwhelming public interest in negating normal consultation processes.
Nelson Ogunshakin OBE, ACE chief executive, said: “This case clearly emphasises the inherent challenges in making decisions over public spending. ACE fully agrees that the deficit needs to be brought under control, but this should be done in partnership between the government, local authorities, communities and industry.
“A partnership-based approach will help to reduce the risk of conflict, delay and expensive litigation. It will also bring more certainty and transparency, which would be greatly welcomed by industry as they plan their businesses for an uncertain future. Surely the government does not want to create a precedent for local communities to undermine key policy approaches, just when they are seeking to empower communities further?”
The councils that bought the case were Luton Borough Council, Nottingham City Council, Sandwell, Kent County Council, and the London Boroughs of Waltham Forest and Newham.
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For media enquiries please contact Gavin Pearson (gpearson@acenet.co.uk) (020 7202 0255)
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