Church in Wales threatens council with court action if it doesn’t rebuild burnt-down school

Martin Shipton

The Church in Wales has told Pembrokeshire County Council it will face legal action if the closure of a village primary school is confirmed on June 15.

In October 2022 Manorbier Church in Wales School suffered severe fire damage and ever since pupils have been taught in a village hall.

At first it was thought the school would be rebuilt, but council officers are now recommending that it should be closed for good.

In a hard-hitting letter written on behalf of the St Davids Diocesan Board of Finance (DBF), Carreg Law solicitors have warned the council that if the closure order is approved, it will be sued for allegedly acting in an illegal and discriminatory way.

The letter states: “We have previously written formally in relation to the school on 13 October 2023, 11 March 2025 and on 1 July 2025 yet there has been no formal response whether in writing or not. For a local authority with public duties, this is not acceptable. For a local authority with statutory duties, this is not acceptable.

“The lack of response and the failure to concede liability in respect of the fire is putting the DBF in a difficult position both with the community but also with regard to their legal duties as trustees. We have instructed Counsel to prepare a claim against the council arising from its failure to concede liability. We are also making investigations with Mid & West Wales Fire Authority for its report on the fire.

“For the avoidance of doubt, our client formally objects to the proposed closure, demands full structural reinstatement of the school premises and places the council on notice that the statutory consultation on the proposed closure and decision making process undertaken by the council in relation to the proposed closure to date is procedurally flawed.

“The DBF rejects any proposal to transfer possession of the school in a dilapidated condition. As has been explained, and as we are sure the council are fully conversant with … the council is under an absolute statutory duty to maintain the school, which includes the obligation to defray all capital and revenue expenses.

“Furthermore, under Section 83 of the Fires Prevention (Metropolis) Act 1774, our client, as an interested party, invokes its statutory right to require that all insurance indemnities arising from the incident of 11 October 2022 be used in full structural reinstatement.

“Our client contends that the proposed statutory closure procedure is being used to evade the financial consequences of the council’s under-insurance and contractor negligence. The administrative record and actions by the council demonstrate clear pre-determination which, in our view, renders the statutory consultation a fait accompli for the following reasons:

* Preceding the full council vote on 5 March 2026, we are instructed that your Human Resources Department initiated formal voluntary redundancy consultations with school staff in February 2026 clearly evidencing the public consultation framework was undertaken simply as a perfunctory exercise rather than a genuine consideration of alternatives;

* The council continues to withhold Appendix H from our client; Appendix H being a core document which was actively relied upon in debate among elected members. The persistent refusal to disclose Appendix H, even by way of non-disclosure agreement, alongside the failure of the council … to produce the written breakdown of reinstatement figures promised on 1 April, constitutes a breach of the duty. Further, it shows a disregard for transparency.

* The council’s Consultation Report indicates that 90.48% of respondents formally opposed the closure. As with Cilgerran School, proceeding in the face of an overwhelming community mandate, without providing a rational justification rooted in educational delivery rather than administrative convenience, or alleged financial benefit, is in breach of established principles of public law.

* We note from the minutes of the council meeting 5 March 2026 the following: Councillor Jamie Adams sought further clarity on the financial implications of returning the Manorbier site to the Diocese if the school was to close. He noted that significant costs may arise from reparations or restoration obligations and queried how such costs would be funded. The chief executive responded that any liabilities would be subject to negotiation with the Diocese. He explained that while the council might be required to restore or remediate the building, the exact outcome could vary, and it was not possible to give more detail at this stage.

“This demonstrates the chief executive’s comments confirm no negotiation or consultation has been had with the DBF. This matter was raised with your Mr Steven Richards Downes with the Bishop of St Davids and the Diocesan Director of Education during a meeting of the 1st April and our client was promised communication from the council.

“No such communication has been forthcoming. Councillor Jamie Adams is correct to ask for that information. We cannot see how decisions can be made without that information; and we cannot see how that information can be presented when there has been no discussion or agreement with the DBF. The council cannot work in a vacuum.

“Furthermore, our client notes a systemic pattern of aggressive and antagonistic administrative actions by the council toward the Church of Wales faith-based education across the county, as evidenced by the concurrent attempt to extinguish Voluntary Controlled status at Cilgerran Church in Wales School and the lack of understanding of the protective characteristics of religion and belief which is on par with, say, language.

“This hostility and unwillingness to work with the DBF over the manner of the schools across the county is, frankly, detrimental to the council. The DBF are also concerned that financial support to the [Church in Wales] schools does not match that of non-faith schools in Pembrokeshire. This is also echoed by discussions the DBF have had with the Catholic faith schools and it is a concern.

“Of significant concern … religion and belief constitute protected characteristics under Section 4 of the Equality Act 2010. By systematically dismantling the infrastructure of faith-based schooling within its geographic jurisdiction, the council’s cumulative policy and active decisions demonstrate a systemic discrimination under Section 19 of the Equality Act 2010 which cannot be justified as a proportionate means of achieving a legitimate aim.

Financial obligations

It continues: “Elected members hold their powers in trust and must exercise them in accordance with fiduciary duties to the public. As one can see from the minutes of the 5 March 2026, the full council voted without being properly directed on the true legal and financial liabilities. Again, the cabinet cannot lawfully proceed on the assumption that closure absolves the council of its property and financial obligations given:

* Upon closure, the school buildings revert to the Diocese. The DBF will not accept a transfer of the school until it is rendered safe, structurally sound, and restored to pre-fire condition including all fixtures, plumbing, electrical work and heating.

* The council has failed to implement adequate measures to weatherproof the exposed property and shared party walls. The DBF holds the council fully liable for the consequential deterioration of both the school and the schoolhouse following the fire.

“Given the above, please confirm your insurers have formally adjusted the fire claim and that full reinstatement of the school is agreed.

“The DBF remains committed to maintaining a faith school in Manorbier. The DBF urges the cabinet to stay the statutory proposal to discontinue and engage in transparent negotiations for the physical restoration of the school.

“Should the cabinet proceed to ratify the statutory proposal to discontinue the school on what we say are illegal and discriminatory grounds, our client reserves its rights to pursue all available legal remedies including but not limited to an application for Judicial Review. “Accordingly we put the PCC on notice as to costs.”