A former senior staff member at Holland Park School is suing the country鈥檚 largest trust for up to 拢70,000, claiming an investigation into the academy鈥檚 alleged 鈥渢oxic鈥 culture defamed him. Nicholas Robson, a former associate headteacher at the west London secondary, has filed the claim at the , show documents seen by Schools Week. He alleges the independent investigation, which uncovered sexism, racism and the public humiliation of pupils, is libellous. The investigation was carried out by governors parachuted in by the government after claims from Holland Park pupils of a 鈥渢oxic鈥 environment at the school, once dubbed the 鈥渟ocialist Eton鈥. It was published on Holland Park鈥檚 website in May last year while it was still a single-academy trust. United Learning took over the school seven months later following an ‘inadequate’ Ofsted rating. But Robson, whose legal costs are covered by the National Education Union, wants an injunction stopping the 85-school trust 鈥渇rom permitting to be published鈥 the 鈥渄efamatory鈥 statements. A spokesperson for United Learning said it would be 鈥渋nappropriate to comment鈥 because of the 鈥渙ngoing nature of this case鈥 But, suffice to say, we will be contesting it in full and are confident of our position.鈥 The investigation found safeguarding failures at the secondary, including the 鈥渋nappropriate鈥 handling of a teacher鈥檚 relationship with a pupil. Summary and statement at heart of claim Meanwhile, Ofsted officials were said to have been 鈥渕isled鈥, with staff questionnaires relating to a visit in January 2020 鈥渄estroyed at the instigation of some senior leaders鈥. Certain children were also taken offsite during inspections. Jessica Joels, who carried out the inquiry, said there was 鈥渙vert鈥 sexism, Islamophobia and racism at the school, with a 鈥渃ulture of fear, favouritism and inequality鈥. The investigation covered events dating back as far as 2004, at which point the school was under local authority control. Instead of publishing the 554-page report in full, Holland Park opted to release a summary of its findings 鈥渢o protect the identities of staff and students who gave evidence鈥. It also released a statement from its board of governors. The releases 鈥 which both still sit on the school鈥檚 website 鈥 are at the centre of Robson鈥檚 claim. Papers submitted to the High Court show he had demanded 鈥渄amages, including aggravated damages, for libel arising鈥 from them. He also argued private information had been 鈥減rocessed鈥 and misused in the reports, neither of which name him. His submission claim form said this was a breach of his privacy under the European Convention on Human Rights. If the court rules in his favour, United will also be made to publish 鈥渁 summary of the final [court] judgment鈥. Privilege hinges on ‘duty to publish’ There are four main defences to defamation: truth, honest opinion, publication of a matter of public interest and privilege. Defamation expert Daniel Jennings, a partner at Shakespeare Martineau, said qualified privilege could be a successful defence in such investigation report cases if 鈥渁 duty to publish鈥 the information could be demonstrated. 鈥淵ou then have to look at what鈥檚 the underlying subject matter 鈥 is it serious enough to warrant overriding the individual鈥檚 interest? And the publication can鈥檛 be excessive [in terms who they were publishing it to].鈥 However, he said it might be 鈥渟lightly more difficult鈥 to extend this defence to the governors鈥 statement. 鈥淎 commentary on the report is one step away from [the material] they had to publish.鈥 Antony Power, a partner at PHP Law, said issues around publishing material of this kind was 鈥渟omething we wrestle with clients [about] all the time鈥. The 鈥渟afest option鈥 was to keep [investigation documents] internally. NEU ‘awaiting formal written evidence’ The case is also an interesting example of the liabilities that trusts inherit when taking over schools. But Power added that proving United Learning had 鈥渞esponsibility for the claim鈥 might be a 鈥渟ignificant hurdle to clear鈥. Before Joels鈥 investigation, the government told Holland Park to rein in the salaries of its leaders. Colin Hall, the former head, was at the time the fourth best-paid academy boss in the country, despite running one school. His wages were at least 拢280,000 in 2022 鈥 a rise of 拢100,000 since 2013-14. Robson appears to be listed as third-in-command on the former trust鈥檚 annual accounts. The third highest salary listed in the 2022 accounts was at least 拢160,000. The NEU said it was 鈥渁waiting the formal written defence of the other side. We will not be commenting at this stage.鈥 It said covering the legal costs was 鈥渋n line with our arrangements when we act in legal cases for our members鈥. The union also backed a failed high court bid by Holland Park parents to stop the school joining United Learning after Ofsted rated it 鈥榠nadequate鈥.