by political editor Paul Francis

Kent County Council is among five authorities taking legal action over the government’s decision to scrap dozens of school re-building projects.

The council is to challenge through a Judicial Review in the High Court the decision by education secretary Michael Gove to cancel incomplete projects under the Building Schools for the Future programme.

KCC is to argue that the government decision was "irrational" and violated its "legitimate expectation" that school renewal projects - planning for which was in many cases far advanced - would go ahead.

It is joining Luton Borough Council, Nottingham City Council, Sandwell Metropolitan Borough Council and Waltham Forest Borough Council in the legal challenge.

Mr Gove scrapped 715 school renewal schemes in June when he announced that all BSF projects which had not achieved the status of ‘financial close’ would not proceed. He also said that a further 123 academy schemes were to be reviewed on a case-by-case basis.

The KK Group revealed in August that KCC had spent £6.7m on consultants and advisers to help develop projects subsequently cancelled.

The sum excludes the liabilities of contractors themselves, who could also stand to lose money and other costs incurred by schools themselves.

KCC spent millions drawing up projects to re-build schools in Thanet, Gravesham, Dover, Shepway and Swale.

Money was paid to architects, designers, surveyors and lawyers.

In figures disclosed to the KM Group under the Freedom of Information Act, KCC said it spent £3.7m on consultants for cancelled schemes in Thanet and Gravesham; £2.9m on 16 schemes in Dover and Shepway and £150,000 on proposals for schools in Sittingbourne.

A Kent County Council spokesman said: "Kent County Council has lodged an application for Judicial Review, after the Building Schools for the Future Programme was stopped in July 2010, and we are still considering our legal position.

"Kent was fortunate to benefit from investment which enabled the rebuild or refurbishment of 11 schools. Our plans for next phase of building work were extremely advanced and the impact of stopping this scheme will be significant.

"We continue to liaise our lead contractors, the Secretary of State and the Department for Education on behalf of those schools in Gravesham and Thanet to find a way forward which avoids litigation."