Making changes to school provision, including school closures, enlargements, changes of age range, and the addition or removal of and SEN provision, is a legal process set out in statutes and regulations. These are set out in the Education and Inspections Act 2006, The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013 and The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013
Some proposals are published by the County Council, and some by the school governing body. This depends on the category of school and the nature of the change proposed. The process and timescales are set out below.
Although there is no longer a prescribed 'pre-publication' consultation period for prescribed alterations, there is a strong expectation on schools and LAs to consult interested parties in developing their proposal prior to publication as part of their duty under public law to act rationally and take into account all relevant considerations.
For School Closure proposals a six week consultation period will be observed prior to the publication of statutory proposals.
The County Council's Executive has agreed a model for making decisions on school organisation. School organisation decisions, for which the decision-maker is the Local Authority, will be taken by the County Council's Executive, or if there are no objections to the statutory notice, the decision is delegated to the Executive Members for Schools and for Children's Services and Special Educational Needs at one of their regular meetings with the Corporate Director - CYPS.
Proposals Published by the County Council
Executive Member gives approval to consult
Consultation document sent to
Public meetings may be held.
Executive meets to consider responses to consultation and decide whether to publish statutory proposals
|six weeks during term time|
Publication of proposals
The County Council's Executive authorises the publication of Statutory Notices in local newspaper and at school entrances. Copies of the complete proposal are sent to:
Notices provide six weeks for written representations to be made to the Corporate Director - CYPS
Executive or Executive Members meet to consider representations to statutory proposals
|Within two months of the closing date of the statutory notice|
|Implementation of proposals|