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Thriving pre-school shut by property row
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| Bishop of Portsmouth: The Right Rev Crispian Hollis who argued that Penton Lodge effectively belonged to the church. |
ST Benedict's Pre-School at Penton Mewsey was shut down because of the unjustified' intervention of the Roman Catholic Church, a top judge ruled this week.
Mr Justice Evans Lombe made his decision at the High Court on Tuesday. He rejected arguments that the church was entitled to Penton Lodge, which until 2006 was the home of St Benedict's.
The pre-school and nursery, which had received glowing Ofsted reports, was forced to close its doors to its 170 nursery-age pupils in April 2006.
More than 40 staff lost their jobs.
During a High Court hearing lawyers for The Bishop of Portsmouth, the Rt Rev Crispian Hollis, argued that Penton Lodge - and a smaller separate property on the site, West Lodge - effectively belonged to the church.
By 2003 Penton Lodge was owned by builder and property developer Doug Rolfe, aged 67. His ex-wife, Vivienne, in her 60s, owned West Lodge.
Both had become involved in trying to save St Benedict's when it ran into financial difficulties in the 1990s, and did so through their friendship with Sister Scholastica, aged 83, a member of the original Benedictine community of nuns which had owned and run the school since the 1940s.
Sister Scholastica was Mrs Rolfe's cousin, and had brought her up.
Barrister Ed Morgan, for the Bishop, argued the property transactions were unlawful' and were the result of breaches of trust' and should be voided.
Mr Morgan also alleged that Mr and Mrs Rolfe had unduly influenced' Sister Scholastica to sell the property.
But Mr Justice Evans-Lombe dismissed all allegations of wrongdoing against Mr and Mrs Rolfe. He also rejected the undue influence allegation. And he said that Sister Scholastica had given misleading' evidence to the court about the transfer of West Lodge.
Describing the bishop's intervention as unjustified', Mr Justice Evans Lombe said, as a result of his decision to seek a restriction on the title to the property with the Land Registry, the school had to be closed when its bankers demanded immediate repayment of loans.
The judge said the school ran into financial difficulties in the 1990s, but after Mr Rolfe bought Penton Lodge and agreed to lease it back to the school for 21 years, its fortunes turned around.
In a statement following the ruling, Mr Rolfe said: "I think the church comes out of this story very badly. The judge found that evidence given by one of the nuns was entirely misleading'. That anyone should take action against me and a thriving school is horrendous.
"Since 2000 I have invested tens of thousands of pounds in Penton Lodge and transformed the school from one that was failing to one that was judged by Ofsted to be outstanding.
"I also spent a large amount of money on legal fees before buying Penton Lodge to make sure I was doing nothing wrong." Mr Rolfe added: "It has taken me nearly two years and more than £300,000 in legal fees to clear my name and to keep a property I bought more than five years ago."
A spokesman for the Bishop said the diocese would make a statement after studying the verdict.
7:31am Friday 25th July 2008
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CommentPosted by: Lucy on 9:26pm Fri 25 Jul 08
I think that this has been such a shame. I was at St Benedict's Convent School from the age of 2 until I was 16. I am now 31. I always had been told that the school was in trust to only be used for the use of educating children so I am very confused as to how the judge could go against the nuns, who in my opinion didn't have the right to sell or lease the school anyway. If this man has paid so much for his legal fees it's a shame he didn't think to use any to repair the school which is falling down around the old nuns ears. It's an appalling situation and hopefully the truth will come out about it all.
I think that this has been such a shame. I was at St Benedict's Convent School from the age of 2 until I was 16. I am now 31. I always had been told that the school was in trust to only be used for the use of educating children so I am very confused as to how the judge could go against the nuns, who in my opinion didn't have the right to sell or lease the school anyway. If this man has paid so much for his legal fees it's a shame he didn't think to use any to repair the school which is falling down around the old nuns ears. It's an appalling situation and hopefully the truth will come out about it all.
Posted by: kirsty, andover on 5:16pm Sun 27 Jul 08
my two little boys went to this nursery full time. I am still owed two lots of deposits and one weeks nursery fees for two children, who now can reimburse this?!?!? Not to mention the money lost through not being able to work while i found alternative arrangements. I am somewhat surprised by the judges verdict but i am sure he had access to much more information than we were ever given. Will the andover advertiser being picking up this story again to help get to the bottom of how the staff and the parents get reimbursed for all the monies that were never repaid????
my two little boys went to this nursery full time. I am still owed two lots of deposits and one weeks nursery fees for two children, who now can reimburse this?!?!? Not to mention the money lost through not being able to work while i found alternative arrangements. I am somewhat surprised by the judges verdict but i am sure he had access to much more information than we were ever given. Will the andover advertiser being picking up this story again to help get to the bottom of how the staff and the parents get reimbursed for all the monies that were never repaid????
Posted by: teacher1, Andover on 1:11am Mon 28 Jul 08
As a member of staff at St Benedict's Convent School until made redundant by Mr Rolfe I understood that the land and buildings belonged to Mother Philomena and that when she died the school was left to the nuns until such time as it ceased to be a school i.e. when St Benedict's convent school shut down, and that after that it was to become the property of the Portsmouth diocese of the Roman Catholic church. Therefore I do not agree with the judge's ruling and feel very strongly that Mr Rolfe had no right to buy the school in the first place.
As a member of staff at St Benedict's Convent School until made redundant by Mr Rolfe I understood that the land and buildings belonged to Mother Philomena and that when she died the school was left to the nuns until such time as it ceased to be a school i.e. when St Benedict's convent school shut down, and that after that it was to become the property of the Portsmouth diocese of the Roman Catholic church. Therefore I do not agree with the judge's ruling and feel very strongly that Mr Rolfe had no right to buy the school in the first place.
Posted by: Kerry, Cambridge on 12:55pm Mon 28 Jul 08
I was also a student at St.B's and think it is just such a shame at what has happened. I have seen pictures of how the building has become so run down and the Sisters have been left to live in absolute squalor. I always think of St benedicts with fond memories and think it is such a shame that a place that shaped the lives of so many people will close.
I was also a student at St.B's and think it is just such a shame at what has happened. I have seen pictures of how the building has become so run down and the Sisters have been left to live in absolute squalor. I always think of St benedicts with fond memories and think it is such a shame that a place that shaped the lives of so many people will close.
Posted by: Claire, Andover on 4:53pm Thu 7 Aug 08
I went to St. Benedict's from the ages of 7-16, it was a lovely school. I am puzzled and worried that nobody seems to be taking into consideration that there are two old ladies living at St. Benedict's with the building pretty much falling around their ears. I agree with teacher1's post regarding the ownership and sale of the school. Such a waste of a beautiful building and a lovely school.
I went to St. Benedict's from the ages of 7-16, it was a lovely school. I am puzzled and worried that nobody seems to be taking into consideration that there are two old ladies living at St. Benedict's with the building pretty much falling around their ears. I agree with teacher1's post regarding the ownership and sale of the school. Such a waste of a beautiful building and a lovely school.
Posted by: Rita Morson, Bishop's Stortford, Essex on 2:47pm Thu 25 Sep 08
I was at St Benedict's School in the 1950s and have retained since then wonderful memories of my time at St Benedicts. I agree with Teacher 1's assessment, having kept contact with the Sisters and find the Judge's ruling truly puzzling. The lack of care for the remaining two sisters must offend everyone who knows the situation, I was distressed to witness this on my visit to St Benedicts early this year.
I was at St Benedict's School in the 1950s and have retained since then wonderful memories of my time at St Benedicts. I agree with Teacher 1's assessment, having kept contact with the Sisters and find the Judge's ruling truly puzzling. The lack of care for the remaining two sisters must offend everyone who knows the situation, I was distressed to witness this on my visit to St Benedicts early this year.
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