School Organisation Planning Requirements
5.    LAs are under a statutory duty to ensure that there are sufficient school places in their area, promote high educational standards, ensure fair access to educational opportunity and promote the fulfilment of every child’s educational potential.  They must also ensure that there are sufficient schools in their area and promote diversity and increase parental choice.


Stage 1 – Consultation

1.1    Under section 16 of EIA 2006, those considering bringing forward statutory proposals to close 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 1.6 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

1.7    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 misinterpreted, e.g. We will close the school…..
Think about the most appropriate consultation method	You should explain the process.
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.


Stage 3 - Representations

3.1    Once proposals are published there must follow 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

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.

EFFECT ON STANDARDS AND SCHOOL IMPROVEMENT
A System Shaped by Parents
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 school 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 Trusts 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
4.19    The Government wishes to encourage changes to local school provision which will boost standards and opportunities for young people, while matching school place supply as closely as possible to pupils’ and parents’ needs and wishes. 

Diversity
4.28    The Government’s aim is to transform our school system so that every child receives an excellent education – whatever their background and wherever they live.  A vital part of the Government’s vision is to create a more diverse school system offering excellence and choice, where each school develops its own ethos, sense of mission and a centre of excellence or specialist provision.

Balance of Denominational Provision [consider this inverted: in other words, for "close" read "keep open", and for "reduction of the proportion" as "increase in the proportion"]
4.30      In deciding proposals to close a school with a religious character, the Decision Maker should consider the effect that this will have on the balance of denominational provision in the area.   

4.31    The Decision Maker should not normally approve the closure of a school with a religious character where the proposal would result in a reduction in the proportion of denominational places in the area. This guidance does not however apply in cases where the school concerned is severely under-subscribed, standards have been consistently low or where an infant and junior school (at least one of which has a religious character) are to be replaced by a new all-through primary school with the same religious character on the site of one on the predecessor schools.

NEED FOR PLACES
Provision for Displaced Pupils
4.33    The Decision Maker should be satisfied that there is sufficient capacity to accommodate displaced pupils in the area, taking into account the overall supply and likely future demand for places. The Decision Maker should consider the quality and popularity with parents of the schools in which spare capacity exists and any evidence of parents’ aspirations for those schools.

Surplus Places
4.34    It is important that education is provided as cost-effectively as possible. Empty places can represent a poor use of resources - resources that can often be used more effectively to support schools in raising standards. The Secretary of State wishes to encourage LAs to organise provision in order to ensure that places are located where parents want them. LAs should take action to remove empty places at schools that are unpopular with parents and which do little to raise standards or improve choice. The removal of surplus places should always support the core agenda of raising standards and respect parents' wishes by seeking to match school places with parental choices. 

4.35    The Decision Maker should normally approve proposals to close schools in order to remove surplus places where the school proposed for closure has a quarter or more places unfilled, and at least 30 surplus places, and where standards are low compared to standards across the LA. The Decision Maker should consider all other proposals to close schools in order to remove surplus places carefully. Where the rationale for the closure of a school is based on the removal of surplus places, standards at the school(s) in question should be taken into account, as well as geographical and social factors, such as population sparsity in rural areas, and the effect on any community use of the premises.

IMPACT ON THE COMMUNITY AND TRAVEL
Impact on Community
4.36    Some schools may already be a focal point for family and community activity, providing extended services for a range of users, and its closure may have wider social ramifications.  In considering proposals for the closure of such schools, the effect on families and the community should be considered. Where the school was providing access to extended services, some provision should be made for the pupils and their families to access similar services through their new schools or other means.

Community Cohesion and Race Equality
4.38    When considering proposals to close a school the Decision Maker should consider the impact of the proposals on community cohesion.  This will need to be considered on a case by case basis, taking account of the community served by the school and the views of different sections within the community.  In considering the impact of the proposals on community cohesion the Decision Maker will need to take account of the nature of the alternative provision to be made for pupils displaced by the closure and the effects of any other changes to the provision of schools in the area.

Travel and Accessibility for All
4.39    In considering proposals for the reorganisation of schools, Decision Makers should satisfy themselves that accessibility planning has been properly taken into account.  Facilities are to be accessible by those concerned, by being located close to those who will use them, and the proposed changes should not adversely impact on disadvantaged groups.

4.40     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.  ...  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.

OTHER ISSUES
Views of Interested Parties
4.62    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.

Decision
4.66    All decisions must give reasons for the decision (i.e. irrespective of whether the proposals were rejected or approved) indicating the main factors/criteria for the decision.  

4.67    A copy of the decision must be forwarded to:

• the person or body who published the proposals;
• each objector except where a petition has been received. Where a petition is received a decision letter should be sent to the person who submitted the petition, or where this is unknown, the signatory whose name appears first on the petition;
• the Secretary of State (via the School Organisation Unit, DCSF, Mowden Hall, Darlington DL3 9BG or by email to schools.organisation-unit@dcsf.gsi.gov.uk );
• where the school includes provision for 14-16 education or sixth form education, the LSC;
• the local CofE diocese;
• the Bishop of the RC diocese.

INFORMATION TO BE PROVIDED IN SECTION 15 PROPOSALS TO DISCONTINUE A SCHOOL
Consultation
3.    A statement to the effect that all applicable statutory requirements to consult in relation to the proposals were complied with.

4.    Evidence of the consultation before the proposals were published including -
(a)     a list of persons and/or parties who were consulted;
(b)     minutes of all public consultation meetings;
(c)     the views of the persons consulted; and
(d)     copies of all consultation documents and a statement of how these were made available.

Standards and Diversity
6.    A statement and supporting evidence indicating how the proposals will impact on the standards, diversity and quality of education in the area.

Need for places
8.    A statement and supporting evidence about the need for places in the area including whether there is sufficient capacity to accommodate displaced pupils.
9.    Where the school has a religious character, a statement about the impact of the proposed closure on the balance of denominational provision in the area and the impact on parental choice.

Displaced Pupils
11.    Details of the schools or further education colleges which pupils at the school for whom provision is to be discontinued will be offered places, including -
(a) any interim arrangements;
(b) where the school included provision that is recognised by the LA as reserved for children with special educational needs, the alternative provision to be made for pupils in the school’s reserved provision; and
(c) in the case of special schools, alternative provision made by local education authorities other than the authority which maintains the school.

12.    Details of any other measures proposed to be taken to increase the number of school or further education college places available in consequence of the proposed discontinuance.

Impact on the Community
13.    A statement and supporting evidence about the impact on the community and any measures proposed to mitigate any adverse impact.
14.    Details of extended services the school offered and what it is proposed for these services once the school has discontinued.

Travel
15.    Details of length and journeys to alternative provision.
16.    The proposed arrangements for travel of displaced pupils to other schools including how they will help to work against increased car use.