The government is fighting a High Court challenge over its decision to academise a school the local council planned to close amid falling rolls 鈥 highlighting tensions over such decisions. , in north London, was given an academy order in February last year after an 鈥榠nadequate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. However, the Department for Education (DfE) refused Islington鈥檚 pleas to revoke the order, leading to the judicial review. 鈥楥ouncil and DfE conflicts鈥 Former national schools commissioner Sir David Carter said it was 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. Shortly after the council officially approved the school鈥檚 closure, the DfE greenlit plans for it to join the Bridge Multi-Academy Trust. In papers lodged by Alan Bates KC, representing education secretary Gillian Keegan, he noted that the council鈥檚 case for revocation was 鈥淧ooles Park was 鈥榯he worst鈥欌n the borough, and that it was 鈥榰nviable鈥 by reason鈥 of falling rolls. While keeping it open 鈥渨ould not make as great a contribution to reducing鈥 primary places, Bridge鈥檚 proposals 鈥渨ould nevertheless contribute towards meeting that reasonable objective of the council鈥, he said. The MAT wants to run the primary on a 鈥渟hared resource model鈥 with another academy. The schools would share a senior leadership team and other resources, and both would reduce their intakes. 鈥淭he decision taken on behalf of the secretary of state was thus the product of a careful policy judgment,鈥 Bates added. 鈥淭he Bridge MAT鈥檚 proposal represented a highly attractive opportunity to meet needs of children with complex SEN which are currently not being adequately met in the north London area.鈥 鈥榃ide margin on such policy judgments鈥 The government said it was 鈥渟imply wrong鈥 for Islington to suggest that the school鈥檚 鈥榠nadequate鈥 Ofsted meant it was 鈥渦nviable and cannot be saved鈥. It was 鈥渦nfortunate鈥 the council had not provided it with 鈥渆ffective support鈥 to prevent its quality of education from slipping鈥, but 鈥渂etter leadership and management鈥 was 鈥渓ikely to produce improvement鈥. The DfE also contended that there was 鈥渘o basis for any assertion that the council has been rendered unable to carry out its statutory duty鈥 to secure 鈥渆fficient primary education鈥. Its role 鈥渄oes not require that it be placed in control of all local schools so that it can, according to its own wishes, select any local school for closure鈥. 鈥淭here is no realistic basis for the court to intervene on the basis that the decision was irrational, or the product of legally insufficient inquiry, as the council contends. 鈥淭his is a context in which the secretary of state should be afforded a wide margin to make policy judgments.鈥 National birth-rate slumps are expected to cause primary pupil numbers in England to tumble by 16.6 per cent by 2032. London is one of the worst-hit parts of the country, with the number of babies born having already dropped 17 per cent between 2012 and 2021. This is equivalent to 23,225 fewer children. Almost 15 per cent of school places in the city are now unfilled. Clarity needed from new government Islington said its ability to 鈥渟trategically manage and reconfigure鈥 the primary and secondary estate has been 鈥渃ompromised鈥. It pointed to laws preventing it from closing academies and the automatic triggering of the academisation process by 鈥榠nadequate鈥 judgments. Pepe DiIasio Association of School and College Leaders general secretary Pepe Di鈥橧asio said 鈥渟chools, parents and children need all those in authority to be pulling in the same direction鈥 Very difficult decisions will have to be increasingly made because of falling rolls. 鈥淭his case appears to reflect a worrying disconnect between local authority and government decisions over the future of a school,鈥 Di鈥檒asio added. The full judicial review hearing took place this month. The judge reserved his decision for a later date. Carter said a new government would 鈥渘eed to bring clarity to issues like admissions and place-planning in order for the roles of the different actors in the education sector to become much clearer in the future鈥.