Q&As

What consent needs to be obtained for a non-maintained special school to sell its site?

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Published on LexisPSL on 09/08/2019

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • What consent needs to be obtained for a non-maintained special school to sell its site?

What consent needs to be obtained for a non-maintained special school to sell its site?

See the following Department for Education guidance which may assist in your research:

  1. School land and property: protection, transfer and disposal

  2. Playing fields and school land: selling or change of use—this guidance applies to all special schools regardless of whether they are maintained or non-maintained

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:

  1. independent schools

  2. academies and free schools, and

  3. maintained schools

The land (including the buildings, playing fields etc) on which an academy school (or free school) operates is owned by (or on a long lease to) the company which is running the academy or free school. This company is usually called an Academy Trust, or, in the case of groups of academies, a Multi-Academy Trust.

Most independent schools hold their land and premises in the name of their proprietor, who may be an individual, a trust or a corporation. A few derive title from ancient bequests or charters. The maintenance of independent schools' premises is for their proprietors to organise and fund.

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