A hearing is to take place on 6 December to decide a date and venue for a full hearing. It is expected this will take place in January and that the hearing may cover all the councils' cases.
Councillor Tahir Khan, Luton Borough Council's executive member with responsibility for children's services, said: "This legal action was taken reluctantly, and only after having failed to find a way forward from our correspondence with the Department for Education. Our action relates to two schools, at a combined cost of £45m, where we were just seven weeks away from construction starting.
"This late cancellation has left the council with liabilities totalling £3.6m for the abortive work already done and therefore having to find further savings from an already scarce budget, which ultimately will mean cuts to more services and jobs."
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