Children’s Wellbeing and Schools Act 2026

65 Amendments to invitation process for establishment of new schools

(1) Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance or alteration of schools) is amended in accordance with subsections (2) to (4).

(2) Omit section 6A (requirement to seek proposals for establishment of new Academies).

(3) In section 7 (invitation for proposals for establishment of new schools)—

(a) for subsection (1) substitute—

“(1) This section applies where a local authority in England think that a new school, other than a maintained nursery school, should be established in their area.

(1A) The local authority must (subject to subsection (2A)) publish a notice under this section inviting proposals from persons other than local authorities for the establishment of a new school falling within subsection (2).”;

(b) in subsection (2)—

(i) in paragraph (a), omit the words from “other than” to the end of the paragraph (including the “or”), and

(ii) at the end of paragraph (b) insert “, or

(c) an alternative provision Academy,

other than a school providing education suitable only to the requirements of persons above compulsory school age.”;

(c) after subsection (2) insert—

“(2A) A local authority are not required to publish a notice under this section (but may do so) if—

(a) the school that the local authority think should be established falls within section 10(2A), or

(b) proposals have been published under section 10(2B) by other persons and those proposals have not yet been determined.”;

(d) in subsection (5), at the end of paragraph (a) insert “, and

(aa) may publish under this section proposals of their own for the establishment of—

(i) a new community, community special, foundation or foundation special school, other than one providing education suitable only to the requirements of persons above compulsory school age, or

(ii) a new pupil referral unit.”;

(e) in subsection (6)—

(i) omit the “and” after paragraph (a), and

(ii) after paragraph (b) insert “, and

(c) the information which proposals within subsection (5)(aa) must contain.”.

(4) In section 7A (withdrawal of notices under section 7)—

(a) in subsection (2)(a), omit “, with the consent of the Secretary of State”;

(b) after subsection (2) insert—

“(3) If the local authority withdraw the notice in accordance with subsection (2)(a) or (b), the local authority must notify the Secretary of State.”

(5) In section 10 of the Academies Act 2010 (consultation: new and expanded educational institutions), in subsection (1)(a) omit the words from “other” to “authority),”.