The issue focused on by the European Court of Justice  in the country's education case is not about whether free schools can be better than state schools. It is about whether they can be better than public schools. It is not about whether they can be better than similar local authorities. It is about whether they can be better than any other school. It is about whether they can be better than their national equivalent. It is about whether they can be better than their local authority. It is about whether they can be better