Special school definition

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Opening, altering or closing a state school

'School organisation' is the label given collectively to the various statutory processes involved in opening, altering and closing maintained schools.England—establishing a new state-funded schoolA local authority perceiving a need for a new state-funded school in its area must publish a notice under section 6A of the Education and Inspections Act 2006 (EIA 2006), inviting proposals for a new academy (commonly known as the ‘free school presumption’). The Department for Education (DfE) has produced guidance on how the free school presumption process should operate in practice. The local authority is responsible for providing the site for the new school and meeting all associated capital and pre- or post-opening revenue costs. If no suitable free school proprietor can be identified, then non academy proprietors maybe invited to meet the need by competitive process.It seems to be only as a last resort that the Secretary of State will permit a local authority under EIA 2006, s 10 and/or EIA 2006, s 11 to propose itself as the founder of a new community school...

Categories of schools

Education law treats different categories of school in different ways. The management systems of the school, its funding and the procedures for opening, closing or altering the school all depend on its category.The first level of categorisation distinguishes schools into three groups:•independent schools (commonly referred to as private schools)•academies and free schools, and•maintained schoolsFurther categorising divides schools by their ownership, by their pupil age ranges and by other selectivities of pupil intake.Many schools make no reference at all to these categories in their school name, on their website or when erecting signs at the school gate. The Department for Education (DfE) maintains a searchable online register of schools and colleges in England which provides information on each establishment, including the school type.Schools defined by their fundingAn independent school is defined as a school at which full-time education is provided for five or more pupils of ‘compulsory school age’, or for at least one child with an education, health and care (EHC) plan or a statement of special needs (in Wales)...

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We are dealing with a land transfer following a change of school category. Some of the land is owned by the local authority but the playing fields are held by the local authority as trustee for a private charity. What steps should we take to make sure that the land owned by the trust is dealt with properly and if possible still available for use by the school?

We are dealing with a land transfer following a change of school category. Some of the land is owned by the local authority but the playing fields are held by the local authority as trustee for a private charity. What steps should we take to make sure that the land owned by the trust is dealt with properly and if possible still available for use by the school? Alterations Proposals to make ‘prescribed alterations’ at a maintained school are regulated by sections 18–24 of the Education and Inspections Act 2006 (EIA 2006). No prescribed alteration to a maintained school may be made without using the EIA procedure. The procedure always includes provision for publication of the proposals. The ‘prescribed alterations’ are set out in the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013 SI 2013/3110. Our Lexis+® UK Local Government Practice Note: Opening, altering or closing a state school explains the procedure that a local authority in England must follow under the Education and...

The Schools Admission Code states at paragraph 2.25, ‘Where a maintained school or Academy is to be closed, the local authority must collaborate with all schools in their area to consider the best way to secure provision for children in other local schools’. Is there any guidance on what constitutes 'collaboration'?

The Schools Admission Code states at paragraph 2.25, ‘Where a maintained school or Academy is to be closed, the local authority must collaborate with all schools in their area to consider the best way to secure provision for children in other local schools’. Is there any guidance on what constitutes 'collaboration'? There is no guidance dealing specifically with what constitutes ‘collaboration’. However, there is ample statutory provision and guidance concerning school closures, setting out the processes which must be followed prior to a school closure. This includes consultation with local schools and parents and governing bodies of local schools. Relevant statutory provisions • the Education and Inspections Act 2006 (EIA 2006) as amended by the Education Act 2011 (EA 2011) • the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013, SI 2013/3110 • the School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 • the School Organisation (Removal of Foundation, Reduction in the Number of Foundation Governors and Ability of Foundation to Pay Debts) (England)...

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The Teachers’ Pensions Schemes (Amendment) Regulations 2025—key aspects and implications

Pensions analysis: A consultation launched by the Department for Education (DfE) in November 2024 sought views on proposed changes to the Teachers’ Pension Scheme (TPS) in relation to increasing member contribution rates and extending Fair Deal protection to capture employees of further education establishments. The consultation response was received from the DfE in March 2025 and the Teachers’ Pensions Schemes (Amendment) Regulations 2025 (effecting these changes) came into force on 1 April 2025. Written by Joel Eytle, partner, Nigel Bolton, partner, and Sadie Goodrum, solicitor, at Bevan Brittan LLP.