The Catholic Church acted unlawfully when it tried to impose a new management team on a school at the centre of a controversy over the banning of a gay author, i can reveal.
Southwark Archdiocese was forced to backtrack over its attempt to install an “interim executive board” at John Fisher School in Croydon, south London, when it was told by the local council and the Government it did not have the authority to create such a body.
However, teachers at John Fisher are still at loggerheads with the diocese because four individuals who sat on the short lived board have now been installed as governors at the school.
Southwark Archdiocese intervened last month to cancel a talk by Simon James Green, whose books for young adults feature gay characters.
The school’s leadership team and governing body had wanted the event to go ahead, which resulted in the diocese removing a number of John Fisher’s ‘foundation governors’ – the governors appointed by the Church – and imposing an interim executive board.
However, after just a few days the diocese disbanded the interim executive board and reconstituted the governing body, minus the sacked foundation governors.
i can reveal that the diocese was forced into the move after being told by the local authority, Sutton Council, as well as the Department for Education, that its actions did not comply with the law.
The Education and Inspections Act 2006 states that a school’s governing body may be replaced with “interim executive members”, but this can only be done by a local authority “with the consent of the Secretary of State”.
After Sutton learnt the interim executive board had been set up, it contacted its own representative on the school’s governing body to inform them of the DfE’s regulations, and the fact that the diocese did not have the authority to create the board.
The DfE also pointed out to the diocese that an interim executive board could only be requested by a local authority, i understands.
Four members of the ill-fated board have since been installed on John Fisher’s governing body as part of a new set of seven foundation governors.
The National Education Union and NASUWT branches at John Fisher have called for the four individuals to resign.
A joint motion passed by the two unions last month said members had “no confidence in those appointed to positions in the interim executive board” because of “their tacit support of the actions taken by the Education Commission of [the diocese]” and wanted “assurance they will not be part of [the] future governing body”.
It called for the “reinstatement” of the sacked governors “so that they can continue to undertake their remit in overseeing the governance of the school”.
The motion also said the unions had been “alarmed” by the “emotional and mental toll” of the actions of the diocese on “the John Fisher School community, particularly out LGBTQ+ members and students”.
As i revealed last week, members of the NEU at John Fisher are currently being balloted for strike action over the diocese’s actions.
Southwark Archdiocese was contacted for comment.