Victorian pay-back in schools' sale

Bradford City Council is now examining the deeds

A legal obligation to the descendants of Victorian benefactors could force a local council to hand over half its profits when it sells off 60 former school sites.

Bradford education authority was planning to use the £20m proceeds of the sales to help fund an extensive building programme for schools.

If the proceeds are put into education, is that as good as saying it's being used for educational purposes?

David Ward, Bradford City Council

But the deeds of many of the former schools - which were donated to the community decades ago - contain a reverter clause which could prove a fly in the ointment for the council.

The clause stipulates that, should the land or building no longer be needed for educational purposes, the proceeds must be returned to the families of the orginal donors.

Education chief, David Ward, said the city council's legal department was now examining the implications of the small print.

Windfall

"We don't know what claim they may have yet - we're still at the stage of trying to avoid it.

"But if it's upheld then someone who knew nothing about it could be in for a windfall - some sites could be sold for over £1m," he said.

"We're looking at ways around it - for example, if the proceeds are put into education, is that as good as saying it's being used for educational purposes?

"The value of it would be used for education, even if the building itself isn't," he stressed.

"But we just hope that none of the reverter clauses will pertain."

Two-tier system

The situation arose when the authority moved from a three-tier education system to just primaries and secondaries.

Dozens of school buildings - including many middle schools - were no longer required, as larger, more modern institutions were created.

The council plans to sell the redundant sites over the next two or three years, but intends to retain former school playing fields for recreational purposes.

Bids have already come in from parties interested in using the sites for community centres, residential developments and restaurants, Mr Ward said.