Coventry's Henley Green school legal challenge backdown
The government will not fight a legal challenge from Coventry City Council against plans to turn a city school into an academy.
The local authority sought a judicial review at the High Court after it was told to begin the process of changing Henley Green Primary School's status.
The Department for Education (DfE) had said Henley Green was under performing.
But the DfE now admits the school's upturn in results indicates "progress" and has asked for an Ofsted inspection.
Sian Grzeszczyk - BBC Coventry & Warwickshire political reporter
Results at Henley Green had been on a downward trend since 2009, that is why the government originally said it wanted the school to become an academy.
Now results have improved the government has backed down.
The government still feels academies are the "best way to improve schools that are consistently under performing".
School rankings in Coventry reveal three are in special measures: Foleshill Church of England primary, Stretton C of E and Clifford Bridge primary.
Two are under what is called a notice to improve - Charter Primary School and St Bartholomew's.
The Labour-run city council says it is against the government ''forcing'' schools to change status and become academies.
In July the Labour-led council said Henley Green's year six had exceeded the floor standards for English and Maths by improving by more than 20% on the previous year.
In a statement, the DfE said: "We want the local authority and governing body to build on and sustain the improvement they have made to this school.
"We will take a view once that is completed as to whether further action is needed.
"We have decided, in view of the changed circumstances, not to defend Coventry's legal challenge to our actions.
"We maintain that they were both lawful and justified at the time.
"Henley Green Primary School has made some recent progress and we want to ensure that the governing body is able to build on this and sustain the improvement.
"That's why we have asked Ofsted to carry out an inspection so that we have an independent overview of the school's performance and capacity to improve."