Education Secretary Gillian Keegan has come under fire from colleagues for her “unilateral” decision to determine which school buildings need to close as part of the concrete crisis, Sky News has learned.
Ministers elsewhere in Whitehall fear she has opened a “Pandora’s box” by setting a more cautious than necessary standard that could affect a huge array of public buildings, including housing stock, local authority buildings and the military estate.
The education secretary has made clear she took the most cautious of the options presented by officials over which buildings to shut last week.
Sky News understands that the decision was signed off by the education team in Number 10 with the PM’s knowledge.
However there was no cabinet office meeting and no ministerial follow-up for days after the issue emerged.
The Department for Education “belatedly” shared the technical advice on why they shut school with others in Whitehall – some of whom disagree it shows a need to shut schools
Sky News understands she “informed” the relevant Whitehall committees, which have been dealing with the issue of crumbling concrete for years. However, she did not fully consult or secure agreement for her move, believing she needed to move fast
Ministers are worried they could now face massive disruption and spiralling costs if other public buildings are now held to the same precedent set in the Department for Education.
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“This is suboptimal,” said a senior Whitehall figure. “She has made a unilateral decision. It’s not been resolved, and it’s a bit of a mess.”
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Sources close to the education secretary say the decision was never intended to act as a precedent since the school estate is unique. “We are being over-cautious,” said an education source.
There are tens of thousands of school buildings in disparate parts of the country and often do not have easy access to estate managers, monitors or experts who can monitor the state of buildings, and the buildings themselves are unusually crowded.
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However, there is concern elsewhere that the decision by Ms Keegan may nevertheless appear like a precedent, and if other public buildings are not held to the same standard they will have to fix them or face legal risk and political pressure.
Responsibility for the issue will now fall to the Government Property Agency, but ministers are already concerned about the implications for budgets.
“There is a big fear this is going to spiral,” said a Tory source.
Sir Keir Starmer and Rachel Reeves have scrapped plans to break their manifesto pledge and raise income tax rates in a massive U-turn less than two weeks from the budget.
I understand Downing Street has backed down amid fears about the backlash from disgruntled MPs and voters.
The Treasury and Number 10 declined to comment.
The decision is a massive about-turn. In a news conference last week, the chancellor appeared to pave the way for manifesto-breaking tax rises in the budget on 26 November.
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3:53
‘Aren’t you making a mockery of voters?’
The decision to backtrack was communicated to the Office for Budget Responsibility on Wednesday in a submission of “major measures”, according to the Financial Times.
Tory shadow business secretary Andrew Griffith said: “We’ve had the longest ever run-up to a budget, damaging the economy with uncertainty, and yet – with just days to go – it is clear there is chaos in No 10 and No 11.”
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The UK’s economic slowdown gathered further momentum during the third quarter of the year with growth of just 0.1%, according to an early official estimate that makes horrific reading for the chancellor.
The Office for National Statistics (ONS) reported a surprise contraction for economic output during September of -0.1% – with some of the downwards pressure being applied by the cyber attack disruption to production at Jaguar Land Rover.
The figures for July-September followed on the back of a 0.3% growth performance over the previous three months and the 0.7% expansion achieved between January and March.
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3:22
Growth ‘slightly worse than expected’
The encouraging start to 2025 was soon followed by the worst of Donald Trump’s trade war salvoes and the implementation of budget measures that placed employers on the hook for £25bn of extra taxes.
Economists have blamed those factors since for pushing up inflation and harming investment and employment.
ONS director of economic statistics, Liz McKeown, said: “Growth slowed further in the third quarter of the year with both services and construction weaker than in the previous period. There was also a further contraction in production.
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“Across the quarter as a whole, manufacturing drove the weakness in production. There was a particularly marked fall in car production in September, reflecting the impact of a cyber incident, as well as a decline in the often-erratic pharmaceutical industry.
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5:10
What next for the UK economy?
“Services were the main contributor to growth in the latest quarter, with business rental and leasing, live events and retail performing well, partially offset by falls in R&D [research and development] and hair and beauty salons.”
When measured by per head of population- a preferred measure of living standards – zero growth was registered during the third quarter.
The weaker-than-expected figures will add fuel to expectations that the Bank of England can cut interest rates at its December meeting after November’s hold.
The vast majority of financial market participants now expect a reduction to 3.75% from 4% on 18 December.
Data earlier this week showed the UK’s unemployment rate at 5% – up from 4.1% when Labour came to power with a number one priority of growing the economy.
Since then, the government’s handling of the economy has centred on its stewardship of the public finances.
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1:41
Chancellor questioned by Sky News
The chancellor was accused by business groups of harming private sector investment and employment through hikes to minimum wage levels and employer national insurance contributions.
The Bank has backed the assertion that hiring and staff retention has been hit as a result of those extra costs.
There is also evidence that rising employment costs have been passed on to consumers and contributed to the UK’s stubbornly high rate of inflation of 3.8% – a figure that is now expected to ease considerably in the coming months.
Rachel Reeves has blamed other factors – such as Brexit and the US trade war – for weighing on the economy, leaving her facing a similar black hole to the one she says she inherited from the Conservatives.
She said of the latest economic data: “We had the fastest-growing economy in the G7 in the first half of the year, but there’s more to do to build an economy that works for working people.
“At my budget later this month, I will take the fair decisions to build a strong economy that helps us to continue to cut waiting lists, cut the national debt and cut the cost of living.”
Shadow chancellor Sir Mel Stride responded: “Today’s ONS figures show the economy shrank in the latest month, under a Prime Minister and Chancellor who are in office but not in power.”
The Scottish government and For Women Scotland’s long-running legal battle over the definition of a woman is yet to come to a close.
For Women Scotland (FWS) won the case in April when the country’s highest court ruled “woman” and “sex” in the Equality Act 2010 refers to “a biological woman and biological sex”.
The Scottish government was ordered to pay a portion of the campaign group’s legal costs.
FWS told Sky News the bill of costs for the Supreme Court element of the case was more than £270,000, however various parts have reportedly been disputed by the Scottish government.
That has now been submitted to the court for determination and a decision is awaited.
Image: Pic: PA
The Outer and Inner House element of the case at the Court of Session in Edinburgh was said to be more than £150,000.
Trina Budge, co-director of FWS, said the group is also due an uplift – a small percentage of the final expenses awarded.
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Ms Budge claimed Scottish ministers are yet to enter into any negotiations on settlement and a date has been set in January for a hearing before the Auditor of the Court of Session to confirm the amount the government will have to pay.
Ms Budge said: “The delay always suits the paying party but I think it’s quite unusual to decline to enter into any discussions at all.
“It’s highly likely this is a deliberate tactic in the hope of starving us of funds to prevent us continuing our latest case on the lawfulness of housing male prisoners on the female estate.
“However, it should come as no surprise to the government that we have massive support and we will, of course, be continuing regardless of any sharp practices.”
Image: Susan Smith and Marion Calder, co-directors of For Women Scotland, outside the Supreme Court in London in April. Pic: PA
It is understood the bill of costs for the Supreme Court case was lodged by FWS in August, while the expenses linked to the Court of Session action was submitted in September.
Figures revealed by a recent Freedom of Information (FOI) request show the Scottish government has spent at least £374,000 on the case.
Final costs are yet to be confirmed but will be published once complete.
A Scottish government spokesperson said: “There is an established process to be undertaken to agree the final costs for a legal case and these will be calculated and published in due course.”
If possible, schools can also provide gender neutral toilets for transgender students.
However, court proceedings continue over transgender prisoners.
Current SPS guidance allows for a transgender woman to be admitted into the female estate if the inmate does not meet the violence against women and girls criteria, and there is no other basis “to suppose” they could pose an “unacceptable risk of harm” to those also housed there.
First Minister John Swinney and Justice Secretary Angela Constance have both dodged questions on the case, citing it would be inappropriate to comment on live court proceedings.
Image: Justice Secretary Angela Constance and First Minister John Swinney. Pic: PA
On Tuesday, Ms Constance was accused by former Scottish Tory leader Douglas Ross of “misleading” Holyrood, saying she could give full answers under contempt of court legislation.
Scottish Tory MSP Tess White, the party’s equalities spokesperson, added she was “spine-chillingly concerned” of a repeat of the Isla Bryson case.
Image: The case of Isla Bryson sparked a public outcry after the double rapist was sent to a women-only prison. Pic: PA
Bryson, a transgender woman born Adam Graham, was initially sent to a women-only prison despite being convicted of raping two women.
The offender was later transferred to the male estate following a public outcry.
Speaking to Sky News, Ms White said: “John Swinney was quick to waste taxpayers’ money fighting a case which confirmed what the vast majority of the public knew beforehand: a woman is an adult human female.”
The MSP for North East Scotland urged the SNP administration to “pay up and finally respect the clear judgment from the Supreme Court”.
A Scottish government spokesperson said: “It is the Scottish government’s long-held position that it is inappropriate for Scottish ministers to comment on live litigation.
“In all cases, we have an obligation to uphold the independence of the judiciary. We do not want the government to ever be seen as interfering in the work of the independent courts.”