Row over potential sale of Yorkshire Dales village school turned community hub by the Church of England - whom charity claim have never owned it

The trustees of a 300-year-old charity formed to provide a school in a Yorkshire Dales village have repudiated an attempt by the Church of England to 'dispose' of the building.
Rathmell Old School is now run as a community hubRathmell Old School is now run as a community hub
Rathmell Old School is now run as a community hub

A benefactor gifted land for a schoolroom in Rathmell, near Settle, to a trusteeship back in 1716, and a further donor gave £70 towards a teacher's salary which still pays a dividend today.

The school was owned by the trustees and had no financial input from the Church of England until 1953, when it acquired Voluntary Aided status. It closed in 2017 due to falling pupil numbers, and North Yorkshire County Council handed the keys to the trustees, who converted it into a community hub.

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Its rooms can be hired for parties and events, and the space is also used for exercise classes and other activities. During lockdown, it operated as a collection point for takeaway meals cooked by volunteers.

Yet a legal row has now broken out after the Diocese of Leeds sent letters to the trustees disputing their claims of ownership and threatening to 'dispose' of the building - which would most likely be sold on the open market to a developer.

Treasurer of the trustees' registered charity Jacky Frankland, who is married to a fourth-generation farmer in Rathmell, believes she has evidence to prove that the old school has never been owned by the Church and that they do not have the right to decide its future.

The trustees and a group of volunteers have redecorated, renovated and publicised the building themselves and it hosts toddler groups, village lunches, first aid courses, Young Farmers Club meetings, choir practices and sewing classes. It also operates an informal 'internet cafe' for residents who do not have fast broadband connections at home.

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Mrs Frankland obtained copies of correspondence between the village's vicar, a Reverend Savage, and the Church in 1954, in which the Reverend had sought clarification on the ownership status of the school once it became Voluntary Aided.

The document confirmed that ownership is 'vested in the trustees' regardless of whether the school was aided or controlled by the local diocese. A separate charity had been established to fund educational activities, but this was disbanded when the school shut in 2017.

After the school's closure three years ago, the trustees and the vicar held a meeting with the Diocese of Leeds' senior legal adviser, in which they were told there were 'no definitive answers' and that the ownership situation could take years to resolve. The lawyer also said that in most similar cases, the Diocese's usual response would be to sell the building.

Mrs Frankland also purchased copies of a deed held in the National Archives dated 1869, which confirms the trusteeship's charitable status and that the property, land and the annual dividend from the original £70 stipend were assigned to them.

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"The legal adviser said that because the school became Voluntary Aided, they can dispose of it. They said that it would be difficult to run the building and implied that we would be incapable of doing so," said Mrs Frankland.

"We have asked them on numerous occasions what their intentions are, but have received no reply.

"When the school closed, the county council handed over the keys and wrote a letter to us confirming that we would be maintaining the site. We heard nothing from the Diocese for three years, so we were astonished to get a letter from their lawyers. It was quite unpleasant."

The legal letter implied that as the school is now in community use, the Diocese would apply to the government for an order changing the objects of the charity so that its assets should be held by the Diocese for the purposes of religious education.

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"We are still achieving our objectives by looking after the property and supplying services to the 350 people who live in the village. In future it could be used again for education purposes, as a satellite or overspill site for Settle High School or Craven College.

"If the Church had owned the land and built the school then it wouldn't be so unfair - but they didn't. They own property all over the country. It's our little school, we are not going to convert or change it, and it could be restored for educational use. We look after it so that the village can gain the benefits.

"I think I can prove beyond doubt that the building and land was never provided by the Church, and I would happily go to court.

"If the school is sold, it would leave Rathmell with nothing; the shop, pub and post office have already gone. We are using it for the benefit of the community, and it's one of the last things that brings this community together.

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"The trustees and volunteers have worked tirelessly since the closure to secure the long-term future of the school building as a thriving village amenity whilst securing financial sustainability for the enrichment of all members of our community.

“Many other little villages have had their hearts ripped out by a Diocese. We have right on our side and will not surrender. Rathmell School is ours and always will be.”

A spokesman for the Diocese of Leeds said: "The Diocese has not raised the matter of a sale with the trustees of Rathmell School and is attempting conversations to secure a positive outcome for the whole village community.

"If the former school building were to be sold, the Diocese would not benefit financially, as any monies would be reinvested in children’s education within our many schools."

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The saga in the village near Settle has attracted the attention of the Upper Dales Community Land Trust, who campaign for redundant buildings to be brought back into community use rather than sold to developers.

They were aggrieved earlier this autumn when it was announced that the Church was legally required to sell another village school, Arkengarthdale C of E Primary, to the highest bidder despite the UDCLT offering to convert it into affordable housing. The property's new owners plan to run a walking and trail running holidays business from the building.