School, which told community it struggled to find money for heating, finds £200,000 for legal case against parents
The Pensby High School case prompted questions as to how the legal action was funded. Image: iStock/Getty Images
Judge orders transparency over payments for legal costs, following Freedom of Information challenge
A school which funded the legal costs of a headteacher who claimed damages for harassment against two parents, which they denied, has told Education Uncovered that its costs were paid for from “self-generated funds”.
Kevin Flanagan, headteacher of Pensby High School in Wirral, Merseyside, gained national media coverage after claiming £20,000 from Keith and Stephanie Critchley and then winning a reported £10,000 after they settled with him, following mediation.
The Mirror reported in February that Mr Flanagan’s legal representatives, Brabners LLP, had said that the Critchleys had been ordered to pay £10,000 in legal costs and damages.
However, there was uncertainty as to how much the action had cost the school, as well as the source of the funding.
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By Warwick Mansell for EDUCATION UNCOVERED
Published: 27 June 2025
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The tribunal rightly emphasized the need for transparency in school spending, especially after Pensby warned parents it couldn’t afford heating. Judge Buckley’s decision highlights how unusual £204,000 in legal fees is for a school. Wirral Council confirmed £210,576.79 was paid from school accounts for legal fees. Yet Pensby claims this came from ‘self-generated funds’ (e.g., facility rentals). But Charity Commission records show the Pensby High School Foundation Trust has never reported income. How can funds bypass official charity accounts? The school claims Wirral Council’s guidance prevents rental income from being held in the Trust’s accounts — contradicting Department for Education rules allowing trusts to control income from their land. Which guidance takes precedence? Shouldn’t these funds be audited transparently? Given the tribunal’s concern over ‘significant expenditure,’ can Pensby clarify: The annual totals generated from rentals/TV productions? How much of this was spent on legal fees vs. educational needs (like heating)? Why the Trust’s accounts show zero income if it controls these funds? This spending occurred while heating was unaffordable. Taxpayers deserve clarity on how school resources are prioritised. Am I missing something here?