A High Court bid to overturn the government鈥檚 decision to academise a struggling school earmarked for closure because of falling rolls has been dismissed. Islington council launched a judicial review to revoke an academy order placed on a school that it wanted to close amid viability concerns due to the plunging number of youngsters in the area. But High Court judge Mr Justice Choudhury has thrown out the appeal, bringing the issue of the 鈥渓ack of control鈥 local authorities have to close academies into focus again. Council bosses have also said the decision has 鈥渇orced us to close a high-performing school nearby鈥 instead. Legal expert and Stone King partner Graham Burns said: 鈥淭he current dual system of maintained schools and academies has a complex web of dispersed responsibilities between local authorities, maintained schools and academy trusts. 鈥淎 major issue for local authorities in managing pupil places, at a time when there is a stark decline in birth rates, is their lack of control over closing academies or at least reducing them in size.鈥 , in north London, was given an academy order in February last year after an 鈥榠nadequate鈥 Ofsted. This made it the only school in the borough not to have a 鈥榞ood鈥 or 鈥榦utstanding鈥 rating. Two months later, Islington council launched a consultation to close the primary, saying it was 鈥渢he most acutely impacted by falling rolls鈥 in Hornsey, the area in which it is based. It also reasoned that keeping it open would force the authority to 鈥渃lose another 鈥榞ood鈥 or 鈥榦utstanding鈥 local school鈥. High Court appeal over academy order However, London regional director Claire Burton . The Department for Education later refused Islington鈥檚 pleas to revoke the academy order, leading to the judicial review. Former national schools commissioner Sir David Carter previously described the case as a 鈥済ood example of the conflict that can exist between local governance and the role of the DfE in the academy sector鈥. Sir David Carter Newly show that during a meeting involving department and council officials, Islington suggested 鈥渢he decision [for the school to join Bridge MAT] was a 鈥榩olitical decision in support of academisation鈥欌. The authority also undertook its own analysis of the trusts interested in taking on Pooles Park, which found none had 鈥渁 credible growth plan鈥 that would support its 鈥渆ducational and financial viability鈥. Burton described this as an 鈥渦nusual step鈥, according to the papers, as it was not something that councils usually carry out. In her view, the fact that two trusts had shown a keen interest in taking on the school was 鈥渟ignificant鈥. Choudhury found 鈥渘o sign that the decision was driven by political concerns鈥. He also concluded that 鈥渘one of the grounds for seeking judicial review succeeds鈥, noting that 鈥渙ne of the purposes of academisation is to address the 鈥榠nadequate鈥 Ofsted鈥. ‘Forced’ to close good school Cllr Michelline Safi-Ngongo, Islington鈥檚 executive member for children, said the authority is 鈥渄isappointed in the court鈥檚 decision鈥. It still believes that 鈥渃losing Pooles Park and moving pupils sensitively鈥 to neighbouring primaries would have been 鈥渋n the best interests of its children and families鈥. The DfE鈥檚 decision has also 鈥渇orced us to close a high-performing school nearby鈥, she added. Safi-Ngongo was referring to proposals, approved in April, for . The changes, which will , mean the council will Montem, with its pupils transferred to the other site. Council documents stated two schools – including Pooles Park – have higher vacancy rates than the two set to merge. However, they are either “converting to an academy” or already in a trust, so “we do not have the power to close or alter” them. Bridge intends to run Pooles Park on a 鈥渟hared resource model鈥 with another academy which means they will share a senior leadership team and other resources. Both will also formally reduce their intake of mainstream pupils to one form of entry. Leaders have said specialist SEND provision will be made available at Pooles Park for those unable 鈥渢o attend local special schools as they are full鈥. This will run alongside its mainstream provision. ‘Uneasy truce may come to end’ Dr Penny Barratt, the MAT鈥檚 CEO, said the school is 鈥渘ow able to proceed and join鈥 her trust, which has worked with the primary 鈥渙n a range of school improvement activities for the last year鈥. The row comes as the new government plans to introduce a 鈥渃hildren鈥檚 wellbeing bill鈥 in the next year. Among other things, the legislation will require all schools to cooperate with local authorities on school admissions, SEND inclusion, and place planning. Burns believes this means that the 鈥渃urrent uneasy truce鈥 between councils and trusts 鈥渕ay be coming to an end鈥. 鈥淭he academy sector will be concerned about the potential erosion of their autonomy and the threat of greater interference from local authorities.鈥