Ofsted instructed to carry out inspection of Downhills primary, where the governors are resisting academy status
Michael Gove has instructed Ofsted to carry out an inspection of a primary school where the governors are resisting academy status.
Lawyers representing the governing body of Downhills primary in Tottenham, north London, have accused the education secretary of illegally trying to force the school to become independent of its local authority and be taken over by a private sponsor.
The school was given a "notice to improve" by Ofsted in January 2010 as inspectors judged it was doing less well than expected.
Primary schools are expected to ensure at least 60% of 11-year-olds reach the level expected for their age in English and maths. A school is judged to be below the "floor standard" if it is also below average for the progress pupils make between the ages of five and 11.
Downhills is just above the floor standard, with 61% of eligible pupils getting the expected level in English and maths, according to results published last month. Nationally, 74% of 11-year-olds reached this level in May.
The Downhills headteacher has said the school has worked hard to improve the quality of teaching. Out of 15 class teachers, six are new this academic year.
Governors have said converting it into an academy is "premature" ahead of its next Ofsted inspection.
David Lammy, the former education minister, is MP for the Tottenham constituency that includes Downhills and was a pupil. He has protested against Gove's treatment of the school.
The Department for Education said: "Given the importance placed on a further Ofsted inspection by the governors at Downhills, the secretary of state has asked Ofsted to undertake an inspection. This will provide an independent assessment of the school's position.
"We can't just stand by and do nothing when schools are substandard year after year. Academies are proven to work. They have turned around dozens of struggling inner-city secondary schools across London and are improving their results at twice the national average rate."
In a speech this month, Gove described opponents of academies as "ideologues happy with failure". He warned: "Change is coming. And to those who want to get in the way, I have just two words: hands off."
Gove said he was frustrated by some "obstructive" local authorities, such as Haringey in north London, where he said he had been asked "not to challenge the leadership of the lowest performing schools".
In a statement, the Downhills governors said: "The governing body of Downhills primary school is pleased to note that the secretary of state has agreed to wait until the school has an inspection by Ofsted before taking any further action with regard to the school's governance and structure.
"The governing body is grateful for the support it has received during this stressful time and wishes to continue its work on raising the quality of learning and teaching for all its pupils and staff, and we welcome the secretary of state's plans for an expedited Ofsted inspection."