A GOVERNMENT decision to axe Sandwell’s school rebuilding and renovation scheme was branded unlawful and the result of a flawed process at a High Court hearing in London yesterday.

Nigel Giffin, QC, acting on behalf of the council, called for a reprieve for £138 million of projects in the borough, part of the Building Schools for the Future scheme.

Education secretary Michael Gove in the summer announced the nine projects would be axed - saying only schemes that had been ready to proceed by January 1, 2010 would get the go ahead.

But Mr Giffin told the court the Government had failed to consult on its decision and had failed to take account of all the relevant facts.

Sandwell and five other local authorities are taking legal action against the Government over BSF.

Sandwell Council Leader Councillor Darren Cooper said: “As our barrister said in court, the January 1 cut-off was irrational, unfair, decided upon after the event in the summer and taken without consultation.

“We did what we were told to do and spent money on preparatory work in good faith. I urge Mr Gove to do the right thing and review his decision.”

The court was also told that BSF schools would greatly improve access for disabled pupils.

The council is going ahead with plans for three BSF schools including the Oldbury Campus. The first phase of Rowley Learning Campus is due to be finished later this month.

Other schools affected by the Government's decision include Perryfields High School, Oldbury, The Meadows Sports College, Oldbury, Bristnall Hall Technology College, Oldbury, and The Heathfield Foundation Technology College, Cradley Heath.