Making Changes to a Maintained Mainstream School (Other than Expansion

Stage 1 – Consultation

1.1 The School Organisation (Prescribed Alterations to Maintained Schools)(England) Regulations 2007 provide that those bringing forward statutory proposals to make an alteration to a school must consult interested parties, and in doing so must have regard to the Secretary of State’s guidance. The statutory guidance for this purpose is contained in paragraphs 1.2 to 1.5 below.

1.2 The Secretary of State considers that those bringing forward proposals should consult all interested parties. In doing so they should:

allow adequate time;
provide sufficient information for those being consulted to form a considered view on the matters on which they are being consulted;
make clear how their views can be made known;
be able to demonstrate how they have taken into account the view expressed during consultation in reaching any subsequent decision as to the publication of proposals.

1.3 Where, in the course of consultation, a new option emerges which the proposers wish to consider, it will probably be appropriate to consult afresh on this option before proceeding to publish proposals.

1.4 The School Organisation (Prescribed Alterations to Maintained Schools)(England) Regulations 2007 require proposers to consult the following interested parties:

the governing body of any school which is the subject of proposals (if the LA are publishing proposals);
the LA that maintains the school (if the governing body is publishing the proposals);
families of pupils, teachers and other staff at the school;
any LA likely to be affected by the proposals, including neighbouring authorities where there may be significant cross-border movement of pupils;
the governing bodies, teachers and other staff of any other school that may be affected;
families of any pupils at any other school who may be affected by the proposals including where appropriate families of pupils at feeder primary schools;
any trade unions who represent staff at the school; and representatives of any trade union of any other staff at schools who may be affected by the proposals;
(if proposals involve, or are likely to affect a school which has a particular religious character) the appropriate diocesan authorities or the relevant faith group in relation to the school;
(if a foundation or voluntary school does not have a religious foundation) any trust or foundation providing the school;
(if the proposals affect the provision of full-time 14-19 education) the Learning and Skills Council (LSC);
MPs whose constituencies include the schools that are the subject of the proposals or whose constituents are likely to be affected by the proposals;
the local district parish or community council where the school or proposed school that is the subject of the proposals is situated;
any other interested party, for example, the Early Years Development and Childcare Partnership (if one exists), or any local partnership or group that exists in place of an EYDCP (where proposals affect early years and/or childcare provision), or those who benefit from a contractual arrangement giving them the use of the premises; and
such other persons as appear to the proposers to be appropriate.

1.5 Under Section 176 of the Education Act 2002 LAs and governing bodies are also under a duty to consult pupils on any proposed changes to local school organisation that may affect them. ...

Conduct of Consultation

1.6 How consultation is carried out is not prescribed in regulations and it is for the proposers to determine the nature of the consultation including, for example, whether to hold public meetings. Proposers should avoid consulting on proposals during school holidays.

Remember:

Do	Don’t
Consult all interested parties	Consult during school holidays
Provide sufficient time and sufficient information	Use language which could be misleading, e.g. We will remove SEN provision
Think about the most appropriate consultation method
Consider feedback and views
Consider alternative options
Explain decision making process

Stage 2 – Publication

2.10 The proposer must also send a complete copy of their proposals to any person who requests a copy within 1 week of the date of the request.

Stage 3 - Representations

3.1 Once proposals are published there follows a 6 week statutory period during which representations (e.g. objections or comments) can be made. These must be sent to the LA.

3.2 The representation period is the final opportunity for people and organisations to express their views about the proposals and ensure that they will be taken into account by the Decision Maker.

Stage 4 – Decision

4.17 The Government’s aim, as set out in the Five Year Strategy for Education and Learners and the Schools White Paper Higher Standards, Better Schools For All, is to create a schools system shaped by parents which delivers excellence and equity. In particular, the Government wishes to see a dynamic system in which:

weak schools that need to be closed are closed quickly and replaced by new ones where necessary;
the best schools are able to expand and spread their ethos and success; and
new providers have the opportunity to share their energy and talents by establishing new schools – whether as voluntary schools, Trust schools or Academies – and forming Trust for existing schools.

4.18    The EIA 2006 amends the Education Act 1996 to place new duties on LAs to secure diversity in the provision of schools and to increase opportunities for parental choice when planning the provision of schools in their areas. In addition, LAs are under a specific duty to respond to representations from parents about the provision of schools, including requests to establish new schools or make changes to existing schools. The Government's aim is to secure a more diverse and dynamic schools system which is shaped by parents. The Decision Maker should take into account the extent to which the proposals are consistent with the new duties on LAs.

Standards

Has the Statutory Consultation Been Carried Out Prior to the Publication of the Notice?
4.9    Details of the consultation should be included in the proposals. The Decision Maker must be satisfied that the consultation meets statutory requirements (see Stage 1 paragraphs 1.2 – 1.6). If some parties submit objections on the basis that consultation was not adequate, the Decision Maker may wish to take legal advice on the points raised. If the requirements have not been met, the Decision Maker may judge the proposals to be invalid and should consider whether they can decide the proposals. Alternatively the Decision Maker may take into account the sufficiency and quality of the consultation as part of their overall judgement of the proposals as a whole.

Standards
4.19    The Government wishes to encourage changes to local school provision where it will boost standards and opportunities for young people, whilst matching school place supply as closely as possible to pupils’ and parents’ needs and wishes.

4.20    Decision Makers should be satisfied that proposals for changes to a school’s provision will contribute to raising local standards of provision, and will lead to improved attainment for children and young people. They should pay particular attention to the effects on groups that tend to under-perform including children from certain ethnic groups, children from deprived backgrounds and children in care, with the aim of narrowing attainment gaps.

Travel and Accessibility for All
4.34    In deciding statutory proposals, the Decision Maker should bear in mind that proposals should not have the effect of unreasonably extending journey times or increasing transport costs, or result in too many children being prevented from travelling sustainably due to unsuitable routes e.g. for walking, cycling etc. The EIA 2006 provides extended free transport rights for low income groups. Proposals should also be considered on the basis of how they will support and contribute to the LA’s duty to promote the use of sustainable travel and transport to school.

Change to Foundation
4.42    Proposals to change category and acquire a foundation (i.e. to become a Trust School) should be considered according to separate Decision Making guidance contained in the Guide to becoming a Trust School. Proposals to change category to foundation, but not acquire a trust, must be considered on their merits. The Government wants to see more schools become self governing and benefit from the freedom this offers e.g. to control their own assets, employ their own staff and set their own admission criteria.

OTHER ISSUES

Views of Interested Parties
4.60    The Decision Maker should consider the views of all those affected by the proposals or who have an interest in them including: pupils; families of pupils; staff; other schools and colleges; local residents; diocesan bodies and other providers; LAs; the LSC (where proposals affect 14-19 provision) and the Early Years Development and Childcare Partnership if one exists, or any local partnership or group that exists in place of an EYDCP (where proposals affect early years and/or childcare provision). This includes statutory objections and comments submitted during the representation period. The Decision Maker should not simply take account of the numbers of people expressing a particular view when considering representations made on proposals. Instead the Decision Maker should give the greatest weight to representations from those stakeholders likely to be most directly affected by the proposals.

Annex A
Information to be included in or provided in relation to alteration proposals

Consultation
11. Evidence of the consultation before the proposals were published including -
(a)     a list of persons who were consulted;
(b)     minutes of all public consultation meetings;
(c)     the views of the persons consulted;
(d)     a statement to the effect that all applicable statutory requirements in relation to the proposals to consult were complied with; and
(e)     copies of all consultation documents and a statement on how these documents were made available.