The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007

PART 2 Proposals for establishment of new schools in a competition

Information to be contained in a competition notice

3.—(1) Competition notices inviting proposals for the establishment of a mainstream school falling within section 7(2) must specify the matters prescribed in Part 1 of Schedule 1 (in addition to the matters referred to in section 7(3)(a), (b) and (c)).

(2) Competition notices inviting proposals for the establishment of a special school falling within section 7(2) must specify the matters prescribed in Part 2 of Schedule 1 (in addition to the matters referred to in section 7(3)(a), (b) and (c)).

Prescribed interval after which competition notice may specify a date for the submission of proposals

4.  For the purposes of section 7(3)(c), the prescribed interval is an interval of 4 months from the date of publication of the competition notice.

Manner of publication of a competition notice

5.—(1) Competition notices must be—

(a) sent to any local education authority likely to be affected by the proposals;

(b) sent to the Secretary of State;

(c) sent to—

(i) the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the local education authority,

(ii) the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local education authority, and

(iii) any other person or organisation that has expressed an interest in writing to the authority in establishing a new school to serve pupils in the area;

(d) sent to the Learning and Skills Council for England if it is intended that the school should provide 14-16 education or sixth form education;

(e) sent to the adjudicator;

(f) sent to any other body or organisation that in the opinion of the local education authority is likely to be interested in the competition notice;

(g) posted in a conspicuous place in the area to be served by the school;

(h) in cases where the proposed establishment of a school is connected with the discontinuance of another school or schools, posted at the entrance to any school or schools which is or are proposed to be discontinued; and

(i) in cases where the new school is to be a special school, sent to—

(i) the relevant Primary Care Trust for the area in which the school is to be situated, and

(ii) any NHS trust or NHS foundation trust responsible for a hospital or other provision in the area in which the school is to be situated.

(2) In respect of mainstream schools, the details from the competition notice specified in Part 1 of Schedule 5 must be published in an appropriate national newspaper covering education issues and at least one newspaper circulating in the area to be served by the school together with details of how complete copies of the notice may be obtained.

(3) In respect of special schools, the details from the competition notice specified in Part 2 of Schedule 5 must be published in an appropriate national newspaper covering education issues and at least one newspaper circulating in the area to be served by the school together with details of how complete copies of the notice may be obtained.

Information to be contained in proposals made in response to a competition notice

6.  Proposals submitted to the local education authority pursuant to section 7(4)(b) and proposals made by the authority under section 7(5)(b) must contain the information prescribed in Part 1 of Schedule 2 in relation to mainstream schools, and in Part 2 of Schedule 2 in relation to special schools.

Time within which details of the proposals must be published

7.  The local education authority which published the competition notice must publish in the manner prescribed by regulation 8—

(a) proposals submitted to them pursuant to section 7 (5) (a); and

(b) where they wish to make any, their own proposals pursuant to section 7(5)(b)

within 3 weeks of the date by which the proposals must be submitted as specified in the competition notice.

Manner in which the local education authority must publish details of the proposals

8.—(1) The local education authority must—

(a) in respect of any proposals submitted to them pursuant to section 7 (4) (b) which relate to a mainstream school, publish:

(i) the details from the proposals specified in Part 3 of Schedule 5 to these Regulations, and

(ii) any proposed divergence from the characteristics specified by the local education authority in the competition notice;

(b) if they have made proposals pursuant to section 7(5)(b) which relate to a mainstream school, publish—

(i) the name of the local education authority and a contact address, and

(ii) the relevant details from their proposals specified in Part 3 of Schedule 5;

(c) publish a statement referring to the competition notice and confirming the proposals for the new school including its proposed location;

(d) publish details of how complete copies of the proposals can be obtained;

(e) publish details of when and where the first public meeting will be held as provided for in regulation 10; and

(f) publish a statement explaining that any person may object to or comment on the proposals, including the address to which objections or comments should be sent and the date by which they must be submitted.

(2) In respect of all proposals that relate to special schools, the local education authority must publish details of the proposals in accordance with all of the provisions of paragraph (1) except that (rather than the details specified in sub-paragraphs (a)(i) and (b)(ii)) the authority is required to publish the details from the proposals specified in Part 4 of Schedule 5 to these Regulations.

(3) The matters specified in paragraphs (1) and (2) must be published in at least one newspaper circulating in the area to be served by the school and in a conspicuous place in the area to be served by the school.

(4) If they have made proposals pursuant to section 7(5)(b), the local education authority must send to the adjudicator in relation to all proposals—

(a) the name of the authority and a contact address, and

(b) the details from the proposals specified in Part 3 of Schedule 5 to these Regulations in the case of proposals to establish a mainstream school, or in Part 4 of Schedule 5 in the case of special schools.

(5) The local education authority must publish complete copies of proposals submitted to them pursuant to section 7(4)(b), or made by them pursuant to section 7(5)(b), on any website maintained by them and details of the matters specified in sub-paragraphs (1) (e) and (f) above.

Proposals published by a local education authority under section 7 relating to community or community special schools

9.—(1) A local education authority may publish proposals under section 7(5)(b)(ii) for the establishment of a community or community special school without the consent of the Secretary of State, if on the day when the competition notice is published, the authority have a current APA rating of 4.

(2) A local education authority may publish proposals under section 7(5)(b)(ii) for the establishment of a community school with the consent of the Secretary of State, if on the day when the competition notice is published, the authority meets either of the following conditions—

(a) a current APA rating of at least 3; or

(b) a current APA rating of 2 and, subject to paragraphs 3 and 4, either or both of—

(i) less than 15% of community, foundation and voluntary schools in the area of the authority are, for the purposes of Part 4 of the Act, eligible for intervention by virtue of section 62 (special measures) or section 61 (significant improvement);

(ii) more than 15% of all relevant schools (except special schools) in the area of the authority comprise in total any of foundation schools, voluntary schools, Academies, city technology colleges or city colleges for the technology of the arts.

(3) Where a local education authority propose to publish proposals for the establishment of a community school which is a primary school, the reference in paragraph (2)(b)(i) to “community, foundation and voluntary schools” is to be read as a reference to “community, foundation and voluntary primary schools”.

(4) Where a local education authority propose to publish proposals for the establishment of a community school which is a secondary school, the reference in paragraph (2)(b)(i) to “community, foundation and voluntary schools” is to be read as a reference to “community, foundation and voluntary secondary schools”.

(5) A local education authority may publish proposals under section 7(5)(b)(ii) for the establishment of a community special school with the consent of the Secretary of State, if, on the day when the competition notice is published, the authority have a current APA rating of 3 or 2.

(6) The matters to which the Secretary of State is to have regard in determining whether to give consent under section 8(1)(b) for the establishment of a community or community special school include the extent of diversity among relevant schools, and—

(a) the range of curricular specialisms;

(b) the range of extended services;

(c) general standards of attainment;

(d) the range of special educational needs specialisms; and

(e) the availability of boarding or respite provision,

within relevant schools.

Promotion of public awareness

10.—(1) This regulation prescribes the steps to be taken by a local education authority for the purpose of promoting public awareness of any proposals published under section 7.

(2) The local education authority must arrange for at least one public meeting to be held to inform the public of the proposals received and the arrangements for making objections and comments.

(3) The first of any such meetings must be held within 2 weeks from the date of publication of the proposals by the authority.

(4) The authority must invite all the proposers to all such meetings.

(5) In carrying out its duties as specified in paragraphs (1) to (4), the authority must consult with, and have regard to, the advice of any person appointed by the Secretary of State for the purpose of assisting the authority in carrying out such duties.

(6) The local education authority must send copies of all proposals to—

(a) any other local education authority likely to be affected by the proposals;

(b) all proposers who have submitted proposals in response to the relevant competition notice;

(c) the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the local education authority;

(d) the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local education authority;

(e) any other person or organisation that has previously expressed an interest in writing to the authority in establishing a new school to serve pupils in the area;

(f) the Learning and Skills Council for England if the proposals include the provision of 14-16 education or sixth form education;

(g) in cases where the proposed school is to be a special school, the relevant Primary Care Trust, NHS Trust or NHS foundation trust; and

(h) the Secretary of State

and must send a copy of any particular proposal to any person who requests such a proposal.