The decision to close two primary schools in Lambeth has been rejected by the government’s Office of the Schools Adjudicator (OSA) after it found the process to be “unlawful”.
Plans to close Fenstanton Primary School and Holy Trinity C of E Primary School in Tulse Hill have been thrown out after the watchdog found the steps leading up to it did not follow the correct legal process.
According to a 19-page report published on July 17, the OSA said Lambeth Council’s decision to close both schools – but not officially finalise it – and be open to another plan involving a possible merger “was not a decision open to the council”.
Cllr Ben Kind, Cabinet Member for Children, Young People and Families at the council, said: “We acted on external legal advice at every stage, and while the OSA has taken a different view on one part of the process, we remain committed to learning lessons and moving forward constructively. We also apologise to the parents, pupils and staff at both schools.”
The OSA has urged the Labour-run council to contact parents and everyone who has been informed that the schools will close in September 2026 and explain to them that this is not what has been determined, and that they will both remain open.
The Local Democracy Reporting Service (LDRS) previously reported that the head teachers of both schools had wanted them to merge in order to preserve primary education in the area, address falling pupil numbers and prevent 344 kids having to find new schools from next year.
However during a meeting of the Lambeth leadership on November 4, 2024, their plans were rejected with cabinet members going on to approve the closure of the two schools, unless they bought forward “viable proposals” to the council – within an unspecified timeframe – for an amalgamation.
The OSA said following the November 2024 meeting, the governing bodies appeared to be “encouraged” by the council to develop the “unlawful proposal”, as they went on to produce their own amalgamation plan, which involved closing Fenstanton and keeping Holy Trinity open and relocating it to the Fenstanton site.
The OSA ruled this as unlawful, as the council’s decision imposed “conditions” which it said are not capable of being imposed, as Fenstanton is a community school and the governing body there has no legal powers to propose its own closure.
On May 16, 2025, the council rejected the school merger plan and announced that it was moving on with the closure of the two schools, despite previously being open to the amalgamation proposal.
On May 23, lawyers representing the Diocese of Southwark, which is responsible for Holy Trinity, submitted a request to the council that both proposals be referred to the OSA. However in its ruling, the OSA rejected the two proposals meaning both schools will remain open.
A third proposal, published by the Diocese, involves closing both schools and opening a new voluntary aided school. The council is the decision maker of this proposal, however it is yet to be determined. The LDRS has contacted both schools for comment.
Cllr Kind added: “The council’s approach, set out in 2022, was endorsed at the time by trade unions, school leaders and the Southwark Diocesan Board of Education as a way to respond to falling pupil numbers while protecting jobs and avoiding sudden and disruptive school closures.
“That collective, borough-wide process, where schools would come together rather than work against each other, is now at risk. However, we respect the OSA decision and will now consider what it will mean for our approach to tackling the excess of school places in Lambeth.”
This is not the first time the OSA has rejected Lambeth Council’s decision to close a school, after plans to shut down St John the Divine Church of England Primary School were thrown out last month after it found “notable deficiencies” in its decision-making process.
Lambeth’s cabinet members had previously approved a proposal that the school should close, instead offering its pupils places at another school called Christ Church Primary SW9.
Commenting on the July OSA ruling, opposition councillor, Matthew Bryant, who leads for the Liberal Democrats on Children’s Services, said: “Most people recognise that we have surplus primary school places in Lambeth. As a result, some schools may need to join together to continue to provide the highest quality of education that our children deserve.
“But bungled decision-taking means that the pupils, parents and staff of Holy Trinity and Fenstanton schools now face a further period of uncertainty.”
Cllr Bryant went on to say the Lib Dems are still in support of the amalgamation of the two schools, and have called on the council to work with the schools to make this happen. The Lambeth Labour Group has been approached for comment.
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