School organisation and regulation

Education has evolved over centuries from being the preserve of the wealthy to being made freely available to all children as a result of the Education Act 1944 (now repealed). While the financing of what has become known as state education has come from government funding; the legacy of schools established by religious organisations, charitable bodies and through government policy initiatives such as academisation remains in the different ways that schools are organised, managed, opened, closed or altered.

The first level of categorisation divides schools into three groups:

  1. independent schools

  2. academies and free schools

  3. maintained schools

Schools are further categorised based on:

  1. their ownership

  2. their pupil age ranges

  3. other selectivities of pupil intake such as academic achievement

Many schools make no reference at all to these categories when erecting signs at the school gate. However, the categories are always present irrespective of whether they have been publicised.

All state schools, regardless of whether they have an academy status, are free schools or maintained and supervised by the local authority, are regulated by the Department for Education (DfE)

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Local Government weekly highlights—4 September 2025

This week's edition of Local Government weekly highlights includes: case analysis of G (A Child: Scope of Fact-Finding), in which the Court of Appeal considered when a fact-finding hearing is necessary to inform a risk assessment and Saravanamuthu v SSCHLG on a challenge to the validity of a compulsory purchase order. Case reports include Somani Hotels Ltd v Epping Forest DC in which the court lifted the injunction on the use of hotels for asylum seekers and allowed the SSHD to join proceedings as an intervenor; R (Paul Knights) v South Norfolk DC, in which the Administrative Court quashed planning approval for ignoring key evidence; Mole Valley DC v SSHCLG in which the High Court rejected the Green Belt challenge and the application for judicial and statutory review was deemed unarguable; R (SK) v Royal Borough of Windsor and Maidenhead in which the court set aside an interim mandatory injunction in finding that the claimant did not establish a strong case that the current accommodation was unsuitable simply due to one of the child’s temporary inpatient stays in hospital which impeded frequent visits; and Iqbal v Listing Officer Epsom, which upheld the decision that the Class G council tax exemption did not apply to the dwelling in question. Further developments include MHCLG’s launch of consultation on measures to streamline infrastructure planning process and response to the LGSCO Triennial Review declining to make use of revised Complaint Handling Code mandatory; the Cabinet Office’s update of Model Services Contract and Guidance for buyers under PA 2023; DfE notices to improve, guidance on Terrorism Act compliance for the education sector and consultation response on unregistered alternative provision standards. It includes further updates on Social housing, Social care, Education, Healthcare and Governance.

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