THE GOVERNING Body and headteacher of Brynmawr Foundation School say they are 'very disappointed' after they failed in a High Court bid to block plans to close its 200-pupil sixth form.

In a legal battle spearheaded by headteacher James Retallick, the school sought a judicial review to challenge the Welsh Assembly over the legality of delegating the power to the Blaenau Gwent Council to remove the sixth provision from the school due to its Foundation status which means it is run by its own governing body but funded by the state.

However, High Court judge, Mr Justice Beatson, dismissed the challenge saying the complaints were either not legally sound or were brought to court too late.

In a joint statement, the governing body and Mr Retallick said they were "obviously very disappointed that after our extensive attempts to maintain choice for students of Blaenau Gwent at post 16 we have been unsuccessful in our legal challenge.

"In his decision, the judge recognised both the quality of provision and popularity of Brynmawr Sixth Form and also found in our favour on a number of issues including, significantly, that of pre determination by the local authority.

"However, he felt that the core of our legal argument, although containing substance, was not sufficiently strong to rule in our favour."

Mr Retallick stressed that students who are to join the sixth form in September will be able to complete their two year study.

"We would like to thank parents, students and other stakeholders for their continued support during the process of judicial review and would like to assure them that the school, as always, will continue to provide excellent standards of education and choice across all phases, including post 16 in the next two years.

"The decision  to  remove our sixth form and remove choice from post 16 learners in Blaenau Gwent ultimately lies with the education minister, Leighton Andrews, and we would urge students, parents and interested parties to contact him via the Welsh Assembly to once again outline the strength of support for the continuation of a very successful school based sixth form in Blaenau Gwent and that the Welsh Assembly live up to their promise that, 'Any current post 16 provision that is of high quality, relevant, value for money and fully supported locally does not face a threat to its future.'"

The judicial review followed Blaenau Gwent Council's executive voting in September in favour of a propose to close all its sixth forms and transfer pupils to a £111 million education facility run by Coleg Gwent at The Works in Ebbw Vale.

A parent action group has passionately campaigned to save the school's sixth form from closure by handing in a petition of over 2000 names to the Welsh Assembly and students have held a number of demonstrations including a silent protest when members of the Local Education Authority met with staff and governors.