The Government's spending cuts have been dealt a blow after six local authorities won the right to challenge the Education Secretary's decision to cancel school building projects.
The school improvement project had been announced by Labour
The Building Schools for the Future (BSF) programme - initially proposed by Labour - was drastically curtailed last July after the Coalition took power.
BSF was among the first education schemes to be cut back by Education Secretary Michael Gove.
But Mr Justice Holman, sitting in London, declared Mr Gove had unlawfully failed to consult them before imposing the cuts.
In five of the cases the failure was "so unfair as to amount to an abuse of power", said the judge.
The victorious authorities include Waltham Forest Council, Luton Borough Council, Nottingham City Council, Sandwell Council, Kent County Council and Newham Council.
Education Secretary Michael Gove is to look again at his decision
The judge said: "However pressing the economic problems, there was no overriding public interest which precluded consultation or justifies the lack of any consultation."
Mr Gove's decision-making process was also unlawful "because of his failure to discharge relevant statutory equality duties under the Sex Discrimination Act, Race Relations Act and Disability Discrimination Act."
A Department for Education spokesman said: "We are delighted that the judge did not call into question the decision to end the wasteful and bureaucratic Building Schools for the Future programme.
"On the substantive points he concluded that it was a rational decision and that the authorities involved had no expectation of being allowed to proceed with their projects."
Shadow education secretary Andy BurnhamThe ruling calls into question every school building scheme cut by Michael Gove and is a damning verdict on his competence as a Minister.
"Mr Gove will now look again at his decision with regard to these authorities with an open mind, taking representations from them, he said.
Shadow education secretary Andy Burnham said: "This ruling is a victory for all the communities and children betrayed by Michael Gove.
"They deserve no less than a full apology from him today and a commitment to act quickly on the court's finding.
"The ruling calls into question every school building scheme cut by Michael Gove and is a damning verdict on his competence as a Minister.
"He must tell us today how much public money he has spent trying to defend his botched and unfair decisions."
Chris Keates, general secretary of the NASUWT teaching union, said: "The councils involved are to be congratulated for making a stand on this issue.
"The coalition Government has shown time and again a reckless disregard for due process and consultation.
"Teachers, pupils, parents, and local councils were all sidelined. Since May 12, programmes, grants and organisations have been thoughtlessly abolished with little, if any, regard for the consequences.
"BSF was a classic example of this, and it's now come back to bite the Secretary of State."
