A judicial review over the decision to turn into a government quango has restarted, after its “detrimental impact” on competitors continued to grow. The British Education Suppliers Association (BESA), the Publishers Association and the Society of Authors were granted permission to proceed with the legal review of the controversial quango two years ago. They had argued that the decision would pose an 鈥渆xistential risk鈥 to their sector, and that the conversion of Oak amounted to an 鈥渦nlawful state subsidy鈥. Before a trial was due to be held last year, the bodies confirmed they had 鈥渁greed to a stay of the proceedings鈥, while discussions with the Department for Education took place. Talks fail But , they announced the legal action is back on, having found themselves 鈥渘o further forward鈥 since talks began. 鈥淚n fact, over the past 10 months we have seen Oak鈥檚 resources and its detrimental impact on commercial providers and educational authors continue to grow leaving us with no option but to continue down the path of legal redress,鈥 they said. This comes after the government published the findings of an independent review of the quango last week. Among other things, it suggested a 鈥渞efresh of the Oak branding and website, including potentially the removal of the 鈥楴ational Academy鈥 name, would reinforce [its] evolution鈥. LocatED CEO Lara Newman, who led the review, also told DfE to review Oak鈥檚 鈥渕arketing and communications budget to ensure it is sufficient to deliver really good quality, consistent and engaging interactions with all potential user groups鈥. She said Oak 鈥渁lready operates on a lean model鈥 but recommended 鈥渁 small level of further investment is necessary鈥 to maximise the benefit of its 鈥渟ignificant assets鈥 and 鈥渋ncrease the [government鈥檚] return on investment鈥. 200% rise in Oak use The upcoming curriculum review and senior departures, including chair Sir Ian Bauckham set to leave, 鈥減rovides an opportunity to work with the outcomes of this report and reposition the organisation and its strategic aims鈥. Newman also said Oak should 鈥渞elease materials on relationships, sex and health education as soon as new statutory guidance is available鈥 and to 鈥渟ignificantly refresh鈥 parts of its website to make them 鈥渕ore engaging鈥 for pupils. Lara Newman Oak told the review 鈥渋t stands ready to offer a full RSHE curriculum once new statutory guidance is available鈥. A separate market assessment report, also published last week, reveals the government quango has impacted the domestic ed tech market, with competitors losing out on investment since its launch. Latest usage data shows Oak was used by 182,775 teachers between July 2024 and February 2025. This represented a 鈥206 per cent rise compared to the same period the previous year鈥. BESA, the Publishers Association and Society of Authors noted the pause was agreed 鈥渋n good faith to allow the findings of the market impact assessment and independent review to be properly considered鈥 and for talks to continue. ‘Wall of silence’ Instead, they claim they were 鈥渇aced with a wall of silence, reports with major implications for this issue published just a few days before legal action was due to resume, and still no indication that this government is willing to work with the sector to address our legitimate concerns鈥. Newman鈥檚 review 鈥渉as done little to answer the outstanding questions about legitimate public spending and the case for growth of an arm鈥檚 length body鈥, they continued. 鈥淭he independent review鈥檚 findings, if accepted, will put Oak on a footing which would see the arm鈥檚-length body working even more closely with the [DfE], Ofsted and Ofqual. 鈥淕overnment should be creating the conditions for teachers and schools to do this, not undermining their professional autonomy by force-feeding a centralised curriculum and pedagogy on schools that overlooks local needs and diverse communities.鈥 The DfE said it was “disappointed” the groups had decided to initiate “this costly legal action”.