Hillingdon Council Cabinet Member and Officer Decisions
Amalgamation of Oak Farm Junior School and Oak Farm Infant and Nursery School
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Democratic Services
Location: Phase II
Ext: 0693
DDI: 01895 25 0693
My Ref: SC
To: COUNCILLOR SUSAN O’BRIEN
CABINET MEMBER FOR FAMILIES, EDUCATION
AND WELLBEING
c.c. All Members of Executive Scrutiny Committee
c.c. Dan Kennedy, Director - Housing, Environment,
Education, Performance, Health & Wellbeing
c.c. Chairman of the Residents, Education and
Envirnmental Services Policy Overview Committee
c.c. Ward Councillors for Hillingdon East
c.c. Conservative and Labour Group Offices
(inspection copy)
Date:
16 March 2021
Non-Key Decision request Form D
Amalgamation of Oak Farm Junior School and Oak Farm Infant and
Nursery School
Dear Cabinet Member
Attached is a report requesting that a decision be made by you as an individual Cabinet
Member. Democratic Services confirm that this is not a key decision, as such the Local
Authorities (Executive Arrangements) (Meetings and Access to Information) (England)
Regulations 2012 notice period does not apply.
You should take a decision on or after Wednesday 24 March 2021 in order to meet
Constitutional requirements about publication of decisions that are to be made. You may
wish to discuss the report with the Corporate Director before it is made. Please indicate your
decision on the duplicate memo supplied, and return it to me when y ou have made your
decision. I will then arrange for the formal notice of decision to be published.
Steve Clarke
Democratic Services Officer
Title of Report: Amalgamation of Oak Farm Junior School and Oak Farm Infant and Nursery
School
Decision made:
Reasons for your decision: (e.g. as stated in report)
Alternatives considered and rejected: (e.g. as stated in report)
Signed ………………………………………………………Date……………………..
Cabinet Member for Families, Education and Wellbeing
Cabinet Member Report – 16 March 2021 Page 1
Part 1 - Public
Amalgamation of Oak Farm Junior School and Oak Farm Infant and
Nursery School
Cabinet Member(s) Councillor Susan O’Brien
Cabinet Portfolio(s) Cabinet Member for Families, Education and Wellbeing
Officer Contact(s) Dan Kennedy, Residents Services
Papers with report Appendix 1 - The Department of Education’s opening and closing
maintained Schools statutory guidance (November
2019)
Appendix 2 – Consultation Document
Appendix 3 – Statutory Notice
HEADLINES
Summary
The Cabinet Member for Families, Education and Wellbeing
approved the amalgamation consultation for Oak Farm Junior and
Infant and Nursery Schools on 25 November 2020. Full stakeholder
consultation has now concluded with a positive agreement for
amalgamation.
The Local Authority is now required to make a final decision to
proceed with amalgamation formally through the Department of
Education.
Putting our
Residents First
This report supports the following Council objectives of: Our People.
Financial Cost HR additional expenditure is expected to progress this decision. In
the long-term the two schools will benefit from economies of scale
efficiency savings.
Relevant Policy
Overview Committee
Residents, Education and Environmental Services Policy Overview
Committee
Relevant Ward(s) Hillingdon East
RECOMMENDATIONS
That the Cabinet Member for Families, Education and Wellbeing approves the
amalgamation of Oak Farm Junior School and Oak Farm Infant and Nursery School.
Cabinet Member Report – 16 March 2021 Page 2
Part 1 - Public
Reasons for recommendation
The Federated Governing Body of Oak Farm Junior and Infant and Nursery Schools met on
Wednesday 7 October 2020 to discuss the future of Oak Farm Junior School and Oak Farm Infant
and Nursery School. Reviewing various options, the Governing Body agreed to amalgamate both
schools.
As they are Foundation Maintained schools, the Governing Body is the employer for all staff along
with owning the buildings. The Council is the decision maker and the Governing Body is able to
appeal the Council’s decision to the adjudicator.
The Cabinet Member approved amalgamation consultation for Oak Farm Junior and Infant and
Nursery Schools on 25 November 2020. Full stakeholder consultation has concluded with a
positive agreement for amalgamation.
The statutory consultation with key stakeholders was conducted from Friday 11 December 2020
to Thursday 21 January 2021. Details of the consultation is contained in Appendi ces 2 and 3.
Whilst queries were presented by staff, there was no objections to the proposal to amalgamate
Oak Farm Junior and Infant and Nursery Schools.
The Local Authority is now required to make a final decision to proceed with amalgamation
formally through the Department of Education. The Cabinet Member has delegated authority to
approve school organisation proposals where no objections have been received.
SUPPORTING INFORMATION
Current school Ofsted inspection judgements
● Oak Farm Junior School – Second Ofsted Judgement as Requires Improvement, Interim
Headteacher;
● Oak Farm Infant and Nursery School – Ofsted Judgement is Outstanding, Deputy
Headteacher is acting up as the previous Headteacher resigned;
● A new shared Headteacher has been recruited for both schools to start on 01 September
2021.
School Improvement options considered
The Governing Body explored three options, reviewing the benefits and challenges:
1. Convert both schools to academies and join a multi-academy trust;
2. Amalgamate the two schools by closing the Junior School and extending the age range of
the Infant school;
3. Leave the schools in their current status.
The Governing Body voted unanimously in favour of option 2 - to amalgamate the two schools.
Cabinet Member Report – 16 March 2021 Page 3
Part 1 - Public
Reasons for selected decision
● Economies of scale in all aspects including the cost of one Headteacher for a Primary
School.
● Recruitment – more of an opportunity to recruit one Headteacher.
● As soon as the process begins, there will be no further inspection for either school.
● Currently the Infant and Nursery School has the grade of ‘Outstanding’; if inspected now
would possibly be downgraded to a ‘Good’.
● The new Primary School would have at least two years without an inspection, giving the
new Headteacher time to establish the school.
● The Junior school would cease to exist, removing the ‘Requires Improvement’ judgement.
● The process can be conducted swiftly.
● Parental confidence in the Junior school would be restored.
● Parents do not want the stigma of their children attending a school, which has the Ofsted
Judgement of ‘Requires Improvement’.
The benefits of becoming a Primary School
• Greater consistency of approach to teaching and learning from ages 3 to 11.
• Seamless monitoring of pupil progress from ages 3 to 11.
• Increased potential for strong leadership and governance.
• Continuity of experiences for parents / carers and children.
• Avoidance of transfer to another school at the end of Year 2 and the impact that this can
have on the children's transition and learning.
• Greater sharing of curriculum and other resources.
• Economies of scale.
• Working in partnership with the community.
Following deliberation and questions, which were raised by all Governors regarding the process,
Governors voted unanimously to move forward with the amalgamation of Oak Farm Junior School
and Oak Farm Infant and Nursery School. The process would be to close the Junior School and
extend the age range of the Infant School. Oak Farm Primary School would open in Septemb er
2021.
Financial Implications
The amalgamation of Oak Farm Infant and Junior schools should result in savings being achieved
through a rationalisation of resources and through economies of scale by combining operations
and streamlining the procurement of services. It is important that this process is carefully
managed and monitored by the governing body to ensure that the impact for the school budget is
maximised.
The school funding formula, which is funded from the Dedicated Schools Grant ( DSG), will
generate the same amount of pupil led funding for the amalgamated school as currently is
generated for the two schools. There will however be a funding reduction relating to the lump sum
Cabinet Member Report – 16 March 2021 Page 4
Part 1 - Public
factor paid to each school, which will result in an overall reduction of £140,000 per annum, though
there is a period of funding protection for amalgamating schools.
Where schools have amalgamated during the financial year, they will retain the equivalent of 85%
of the predecessor schools’ lump sums in the following year. The impact of this is detailed in the
following table:
Financial Year Lump Sum Protection Total
2021/22 £280,000 0 £280,000
2022/23 £140,000 £98,000 £238,000
2023/24 £140,000 0 £140,000
Under current funding regulations, in the second year after amalgamation (2022/23), the Local
Authority can choose to continue to apply protection not exceeding 70% (£174k) of the combined
lump sum, subject to approval by the DfE.
The school will also see a reduction in some grants which are deter mined by a fixed sum per
school, plus an amount per pupil (i.e. Devolved Formula Capital, PE & Sports Grant).
This amalgamation process is being taken forward by extending the age range of Oak Farm Infant
school to become the new all-through primary and closing Oak Farm Junior School and therefore
the following actions will take place. On amalgamation, all or part of the surplus balances of Oak
Farm Infant School and Oak Farm Junior School will be retained by the new school, subject to
Schools Forum agreement. Schools Forum agreed in 2013 that any deficits when a school closed
would be funded from the centrally retained DSG.
In the case of any redundancies following amalgamation, Section 37 of the 2002 Education Act
sets out how premature retirement and redundancy costs in schools should normally be funded.
In accordance with this regulation, all premature retirement costs of staff in maintained schools
will be charged to the school’s delegated budget while redundancy costs will normally be charged
to the loc al authority’s budget unless there is good reason for these costs not to be centrally
funded. The following examples set out below indicate the situations in which exceptions to the
default position might be taken:
● If a school has decided to offer more generous terms than the Authority's policy , it would
be reasonable to charge the excess to the school.
● If a school is otherwise acting outside the Authority's policy.
● Where the school is making staffing reductions which the Authority does not believe are
necessary.
● Where staffing reductions arise from a deficit caused by factors within the school's control.
● Where the school has excess surplus balances and no agreed plan to use them.
● Where a school has refused to engage with the Authority's redeployment policy.
It is expected that the school will need to procure some additional specialist HR support in order
to progress this decision. This cost will be met from the Schools Delegated Budget, funded
through the Dedicated Schools Grant.
Cabinet Member Report – 16 March 2021 Page 5
Part 1 - Public
Consultation
The consultation with key stakeholders was conducted from Friday 11 December 2020 to
Thursday 21 January 2021. During this time the governing body also held a virtual consultation
meeting with staff on the 20 January 2021. The response to the consultation is as follows:
• During this consultation the Local Authority and schools received a total of three emails
(two from parents and one from staff), either expressing their support or confirming that
they had no firm view.
• Total of 18 queries from staff were received and responded to through the consultation
forums.
Due to not receiving any objections and in agreement with the governing body, a statutory notice
was issued by the Local Authority on the Wednesday 20 January 2021 to Friday 19
February
2021, being shared via the West London Gazette and on the site of both schools. There have
been no further responses received as a result of the statutory notice.
Conclusion
The formal statutory consultation helped to collate views and queries of both parents and staff.
The Local Authority is of the opinion that the potential advantages to be gained from unified
management and greater efficiency from amalgamation of both schools will generally outweigh
any disadvantages taking into account the views of stakeholders.
Next steps
If approval is granted by the Council, the Education Service will notify the Department for
Education and implement the proposal following the requirem ents set within the Department of
Education’s ‘Opening and closing maintained Schools statutory guidance (November 2019)’ listed
as Appendix A to this report.
CORPORATE CONSIDERATIONS
Corporate Finance
Corporate Finance has reviewed this report and notes the financial implications set out above,
supporting the recommendation for the amalgamation of Oak Farm Junior School and Oak Farm
Infant and Nursery School.
Corporate Finance note the financial implications for the Dedicated Schools Grant and the schools
funding. Corporate Finance also note that the cost of redundancies may be borne by the General
Fund, with any redundancy implications to be covered in a further report at a later date.
Cabinet Member Report – 16 March 2021 Page 6
Part 1 - Public
Legal
The proposal follows the prescribed method for the amalgamation of two schools. The effect of
the proposal is that the junior school will close and the remaining infant school will accommodate
the displaced pupils. The infant school will continue to exist and retain its school number.
Accordingly, it will not be considered as a ‘new school’ and the relevant statutory processes and
considerations for opening a new school will not apply. The Local Authority has consulted on the
proposed amalgamation and no objections have been raised. The Local Authority is the statutory
decision maker.
Infrastructure / Asset Management
Not required as the Governing Body owns the buildings due to being Foundation Maintained
schools.
BACKGROUND PAPERS
NIL.
TITLE OF ANY APPENDICES
The Department of Education’s opening and closing maintained Schools statutory guidance
(November 2019)
Consultation document
Statutory Notice
1
Opening and closing
maintained schools
Statutory guidance for proposers and
decision-makers
November 2019
2
Contents
1: Summary 4
About this guidance 4
Who is this guidance for? 4
Main points 5
2: Proposing a new school 7
The free school presumption 9
School competitions 9
Proposing a maintained school outside competitive arrangements 10
Factors to consider when proposing a new school 11
3: Proposing to close (discontinue) a maintained school 15
The presumption against the closure of rural schools 17
The presumption against the closure of nursery schools 18
Amalgamations 18
Existing schools wishing to acquire, change or lose a religious character 19
Two years notice of closure – voluntary and foundation schools 19
Closure of a community or foundation special school in the interests of pupils 20
Temporary school closures 20
4: The statutory process 21
Stage one: pre-publication consultation 21
Stage two: publication 21
Stage three: representation 23
Stage four: decision 23
Stage five: implementation 25
5: Guidance for decision-makers 27
Issuing a decision 27
Factors to consider when determining proposals 28
Determining revocation proposals 34
Determining requests to modify approved proposals 35
Annex A: School closure consultations 37
Annex B: Statutory proposals for school closures 39
Annex C: Statutory proposals for establishing a new school 42
3
Annex D: Further Information 48
4
1: Summary
About this guidance
This is statutory guidance from the Department for Education. This means that
recipients must have regard to it when carrying out duties relating to establishing
(opening) a new maintained school and / or the discontinuance (closing) of an
existing maintained school.
The purpose of this guidance is to ensure that good quality school places are
provided where they are needed, and that surplus capacity is removed where
necessary. It should be read in conjunction with Part 2 and Schedule 2 of the
Education and Inspections Act (EIA) 2006 as amended by the Education Act
(EA) 2011 and The School Organisation (Establishment and Discontinuance of
Schools) Regulations 2013.
Review date
This guidance will be reviewed in September 2020.
Who is this guidance for?
This guidance is relevant to all categories of maintained school, unless explicitly
stated otherwise, and is for those proposing to open and / or close a school (e.g.
governing bodies, dioceses, and local authorities (LAs)), decision-makers (LAs,
the Schools Adjudicator and governing bodies), and for those affected by a
proposal (e.g. dioceses, trustees, parents etc.).
Proposers and decision-makers must have regard to this guidance when making
proposals or decisions related to Schedule 2 of EIA 2006 (as amended by EA
2011) and the Establishment and Discontinuance Regulations.
Separate advice is available on making prescribed alterations to maintained
schools and significant changes to academies and academy closure by mutual
agreement.
It is the responsibility of LAs, proposers and school governing bodies to ensure
that they act in accordance with the relevant legislation and have regard to
statutory guidance when seeking to make changes to or to open or close a
maintained school and they are advised to seek independent legal advice where
appropriate. Similarly when making decisions on such proposals, LAs and
5
Schools Adjudicator must act in accordance with the law and must have regard
to statutory guidance.
Main points
• Where a LA identifies the need for a new school, specifically to meet
increased basic need in their area, section 6A of EIA 2006 places them
under a duty to seek proposals to establish an academy (free school) via
the ‘free school presumption’ process. The LA is responsible for providing
the site for the new school and meeting all associated capital and pre-
/post–opening revenue costs.
• The final decision on all new free school presumption proposals lies with
the Regional Schools Commissioner
(RSC) on behalf of the Secretary of
State.
• In November 2018, the department launched a capital scheme for
proposers to apply to the department for capital funding to support the
creation of new voluntary aided (VA) schools under section 11 of the EIA
2006. More information can found here
.
• Proposers wishing to establish a new school may also wish to consider
opening a free school.
• It is possible for any person (‘proposer’), in certain circumstances, to
publish a proposal for a new maintained school outside of the
competitions processes under section 11 of EIA 2006. It is also possible
to apply to the Secretary of State for consent to publish proposals to
establish a new maintained school under section 10 of EIA 2006.
• All decisions on proposals to open or close a maintained school must be
made with regard to the factors outlined in this guidance and follow the
relevant statutory process.
• Both the consultation period and the representation period should be
carried out in term time to allow the maximum numbers of people to see
and respond to what is proposed.
• The decision-maker will need to be satisfied that the consultation and
representation period were appropriate, fair and open, and that the
proposer has given full consideration to all the responses.
• Proposers should be aware of the guidance for decision makers set out in
part 5 of this guidance and ensure that their proposals address the
considerations that the decision-maker must take into account. The
decision-maker must consider the expressed views of all those affected
6
by a proposal or who have an interest in it, including cross-LA border
interests. The decision-maker should not simply take account of the
number of people expressing a particular view. Instead, they should give
the greatest weight to responses from those stakeholders likely to be
most directly affected by a proposal – especially parents1 of children at
the affected school(s).
• In determining proposals decision-makers must ensure that the guidance
on schools causing concern (intervening in failing, underperforming and
coasting schools) has been considered where necessary.
• Within one week of the date of their publication the documents below
MUST be sent to the Secretary of State (via
schoolorganisation.notifications@education.gov.uk):
• a copy of the statutory proposal
• a copy of the statutory notice
• a copy of the decision record on the
proposal.
• The School Organisation Team will make the necessary updates to the
Get Information About Schools (GIAS) system
1 A ‘parent’ should be considered to be anyone who has parental responsibility, including parents,
carers and legal guardians.
7
2: Proposing a new school
This section sets out how to propose the establishment of a new school. Proposer
groups may also wish to consider establishing a free school.
Type of Proposal
Proposer Decision-Maker Right of appeal to the
Adjudicator?
Free School
Presumption
Other
proposers
(academy
trusts/sponsors)
RSC (on behalf of
the Secretary of
State)
No
Section 7 (Stage 1)
Any free school
proposals will be
considered first. If a
proposal is received and
considered
suitable the competition
ends and the
the free school proposal
is taken forward.
Other
proposers
RSC (on behalf of
the Secretary of
State)
No
Section 7 (Stage 2)
Where no suitable free
school bid is received,
proposals submitted for a
new
foundation, foundation
special or voluntary
school will be
considered.
Other
proposers
LA2 (Schools
Adjudicator
where the LA is
involved in the
Trust of a
proposed
foundation
school)
No
2 Where the LA does not make a decision within the prescribed two month period, they must refer
the proposal to the Schools Adjudicator.
8
Type of Proposal
Proposer Decision-Maker Right of appeal to the
Adjudicator?
Section 11 Other
proposers
LA3 The Diocesan Board of
Education of any CofE
diocese in the relevant
area.
The bishop of any Roman
Catholic church in the
relevant area.
Proposers (if the
LA is the decision maker)
Section 10 LA Schools
Adjudicator
No.
Section 10 All other
proposers
LA (Schools
Adjudicator
where the LA is
involved in the
Trust of a
foundation
school)
Where the LA is the
decision maker4;
Proposers
The Diocesan Board of
Education of any CofE
diocese in the relevant
area.
The bishop of any Roman
Catholic church in the
relevant area.
Related proposals
A proposal should be regarded as ‘related’ if its implementation (or non-
implementation) would prevent or undermine the effective implementation of
another proposal. Proposers should ensure that this information is set out clearly
within their proposal.
3 Where the LA does not make a decision within the prescribed two- month period, they must refer
the proposal to the Schools Adjudicator.
4 Where the Schools Adjudicator is the decision-maker, there is no right of appeal.
9
The free school presumption
Where a LA identifies the need for a new school to meet basic need for
additional school places, section 6A of EIA 2006 places the LA under a duty to
seek proposals to establish an academy (free school) via the ‘free school
presumption’.
The LA is responsible for providing the site for the new school and meeting all
associated capital and pre-/post-opening revenue costs. All new free school
presumption proposals require the RSC’s approval (on behalf of the Secretary of
State) as it is the Secretary of State who will enter into a funding agreement with
the academy trust/sponsor.
LAs planning a presumption project to establish a primary school should include
nursery provision in the specification, unless there is a demonstrable reason not
to do so.
In considering the need for a new school, the LA should take account of any
proposals they are aware of that will meet that need. If a LA has received a
proposal for a new LA maintained school, and subsequently identifies the need
for a new school, then the LA can decide the maintained school proposal
5 before
deciding whether it is necessary to seek proposals via the free school
presumption.
School competitions
If the free school presumption competition does not yield a suitable proposal,
then a statutory competition can be held under section 7 of the EIA 2006. This
will not require a separate application for the Secretary of State’s approval,
because the Secretary of State will inform the LA that approval to hold a section
7 competition is given at the same time as informing the LA that no suitable free
school proposal was identified.
Where a LA holds a section 7 competition, the LA must follow the statutory
process set out in Schedule 2 to EIA 2006 and the Establishment and
Discontinuance Regulations.
The LA must publish a specification for the new school. The specification is only
the minimum requirement and proposals may go beyond this. Proposers may
submit proposals for a free school, foundation, foundation special or voluntary
school into the competition. Where a free school proposal is received, the RSC
5 Where the LA does not make a decision within the prescribed two month period, they must refer
the proposal to the Schools Adjudicator.
10
(on behalf of the Secretary of State) will consider any free school proposals first
when making a decision on the case.
The LA is expected to provide premises and meet the capital costs of
implementing the winning proposal and must include a statement to this effect in
the notice inviting proposals. Proposers should set out the estimated premises
requirements and/or capital costs of a proposal submitted in response to a
competition and, where these exceed the initial cost estimate made by the LA,
the proposer should set out the reasons for the additional requirements and/or
costs.
Proposing a maintained school outside competitive
arrangements
It is possible to publish proposals for a new maintained school outside of the
competitive arrangements at any time. Sections 10 and 11 of the EIA 2006
permit proposals to establish new schools under certain conditions either with
the Secretary of State’s consent (section 10 cases) or without (section 11
cases).
In all cases, proposers must follow the required statutory process as set out in
part 4 of this guidance.
Section 11 proposals
Any persons (‘proposer’), e.g. a diocese or charitable trust, may publish a proposal,
at any time, for a new school outside the free school presumption and competitions
process under section 11 of the EIA 2006.
The Secretary of State’s consent is not required in the case of proposals for:
• a new community or foundation primary school to replace a maintained
infant and a maintained junior school;
• a new voluntary aided school (e.g. in order to meet demand for a specific
type of place such as demand from those of a particular faith);
• a new foundation or voluntary controlled school resulting from the
reorganisation of existing faith schools in an area, including an existing
faith school losing or changing its religious designation;
• a new foundation or community school, where a section 7 competition has
been held but did not identify a suitable provider;
• a former independent school wishing to join the maintained sector; and
• a new maintained nursery school.
11
The statutory process described in part 4 must be followed to establish the new
school.
In November 2018, the department launched a capital scheme to support the
delivery of new voluntary aided schools. Further information about the scheme is
available here.
Section 10 proposals
It is also possible to apply to the Secretary of State for ‘consent to publish’
proposals to establish a new school under section 10 of EIA 2006:
• for a community or foundation school to replace an existing maintained
school; or
• for a brand new foundation or voluntary controlled school.
Proposers wishing to apply for consent should email
schoolorganisation.notifications@education.gov.uk
and request an application
form. Each request for consent will be considered on its merits and the particular
circumstances of the case.
Proposers should wait to receive confirmation of consent before following the
statutory process in part 4 to establish the new school.
The Schools Adjudicator will decide LA proposals (as well as proposals where
the LA are involved in the trust of a proposed foundation school or fails to
determine the proposals within the specified time). The LA will decide proposals
from other proposers6.
Factors to consider when proposing a new school
Proposers should consider the following factors when making proposals to establish
a new school.
Demand vs Need
For parental choice to work effectively, there may be some surplus capacity in the
system as a whole. Competition from additional schools and places in the system will
lead to pressure on existing schools to improve standards. However, excessive
surplus capacity should be managed appropriately. Proposers may wish to discuss
their plans with their LA to understand levels of need for their proposed school.
Proposers should also demonstrate parental demand for the new school places and
the type of provision being proposed, the quality and diversity of provision available
in the local area, and the impact of the new places on existing educational provision
in the local area.
6 Where the LA does not make a decision within the prescribed two month period, they must refer
the proposal to the Schools Adjudicator.
12
Proposed admission arrangements
Proposers should set out their intentions for the admission arrangements of the
proposed school, including, where the proposal is for a voluntary or foundation
school, whether the school will have a religious character and apply faith-based
admissions criteria.
Proposers should ensure that they consider all expected admission applications
when considering demand for the school, including those from outside the LA area in
which the school is situated.
National Curriculum
All maintained schools must follow the National Curriculum unless they have
secured an exemption for groups of pupils or the school community7.
Integration and community cohesion
Schools have a key part to play in providing opportunities for young people from
different backgrounds to learn with, from and about each other; by encouraging,
through their teaching, an understanding of and respect for other cultures, faiths
and communities.
Proposer should have regard to the Integrated Communities Action Plan as well
as any local integration and community cohesion strategies.
When making a proposal, the proposers should take account of the community
to be served by the school and set out how:
• The school will be welcoming to pupils of all faiths and none; and show
how the school will address the needs of all pupils and parents.
• How the school will provide a broad and balanced curriculum and prepare
children for life in modern Britain including through the teaching of
spiritual, moral, social and cultural (SMSC) education.
• How the school will promote fundamental British values of democracy, the
rule of law, individual liberty and mutual respect and tolerance of those
with different faiths and beliefs or none.
• How the school will encourage pupils from different communities, faiths
and backgrounds to work together, learn about each other’s customs,
beliefs and ideas and respect each other’s views.
7 Under sections 90, 91, 92 and 93 of the Education Act 2002.
13
Travel and accessibility
Proposers should be satisfied that accessibility planning has been properly taken into
account and that the proposal will not adversely impact disadvantaged groups.
LAs have a duty to promote the use of suitable travel and transport to school.
Proposals should include a statement that the proposals are not expected to increase
journey times, increase transport costs or result in children being prevented from
travelling sustainably due to unsuitable walking or cycling routes.
Funding
Proposers must include a statement setting out that any land, premises or necessary
funding required to implement the proposal will be available and that all relevant local
parties (e.g. trustees or religious authority) have given their agreement to the funding
arrangements.
Proposers relying on the department as a source of capital funding should not
assume that approval of the proposal will trigger the release of capital funds from the
department, unless the department has previously confirmed in writing that such
resources will be available.
School premises and playing fields
Under the School Premises (England) Regulations 2012 all maintained schools
are required to provide suitable outdoor space in order to enable physical
education to be provided to pupils in accordance with the school curriculum; and
for pupils to play outside safely.
Under the School Organisation (Prescribed Alterations to Maintained Schools)
(England) Regulations 2013, where proposals for a new VA school provide for
the provision of playing fields, the duty to implement that part of the proposal (i.e.
to provide the playing field) rests with the LA.
For Foundation, Foundation Special, and Voluntary Controlled schools, the duty
to implement any proposals falls to either the governing body, or LA, as the
proposal respectively provides for them to do so (i.e. the proposal for the new
school will specify who will be providing the playing fields, which they then have
a duty to actually provide).
Non-statutory guidelines setting out suggested areas for pitches and games
courts are in place. Where the proposals for a new foundation or voluntary
school are approved, the LA must transfer any interest it has in the premises to
either the trustees of the school or, where the school has no trustees, the
school’s foundation body to be held by that body for the relevant purposes. The
LALAmust pay to relevant persons any reasonable costs incurred in connection
with the transfer.
14
If any doubt or dispute arises as to the persons to whom that transfer it to be
made, it must be made to such persons as the Schools Adjudicator thinks
proper.
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3: Proposing to close (discontinue) a maintained
school
This section sets out information for LAs and governing bodies wishing to
propose the closure of a maintained school.
Under Section 15 of the EIA 2006, a LA can propose the closure of ALL
categories of maintained school. The statutory process is set out in part 4. The
governing body of a voluntary, foundation or foundation special school may also
publish proposals to close its own school following the statutory process.
Alternatively, it may give at least two years’ notice of its intention to close the
school to the Secretary of State and the LA.
The table below sets out a summary of the process for closing a maintained school8:
Proposer Type of proposal Decision-maker Right of appeal to
the Adjudicator?9
LA
Following a statutory process to
close a community, community
special or maintained nursery
school
LA
The Diocesan
Board of Education
of any CofE
diocese in the
relevant area.
The bishop of any
Roman Catholic
church in the
relevant area.
8 Proposers should be aware that in ALL cases where the LA does not make a decision within the
prescribed two month period, they must refer the proposal to the Schools Adjudicator.
9 Where the Schools Adjudicator is the decision maker, there is no right of appeal.
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Proposer Type of proposal Decision-maker Right of appeal to
the Adjudicator?9
LA Following a statutory process to
close a foundation, foundation
special or voluntary (VC or VA)
school
LA
The Diocesan
Board of Education
of any CofE
diocese in the
relevant area.
The bishop of any
Roman Catholic
church in the
relevant area.
The governing
body or any
foundation of the
foundation or
voluntary school
specified in the
proposals.
Governing
Body
Following a statutory process to
close a voluntary (VC or VA),
foundation or foundation special
school
LA
The Diocesan
Board of Education
of any CofE
diocese in the
relevant area.
The bishop of any
Roman Catholic
church in the
relevant area.
The governing
body or any
foundation of the
foundation or
voluntary school
specified in the
proposals.
Reasons for closing a school
Reasons for closing a maintained school include, but are not limited to, where:
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• There are surplus places elsewhere in the local area which can accommodate
displaced pupils and there is no predicted demand for the school in the
medium to long term;
• It is to be merged or amalgamated with another school;
• It has been judged inadequate by Ofsted and there is no sponsored academy
solution;
• It is to acquire, lose or change its religious character;
• It is no longer considered viable; or
• It is being replaced by a new school.
Schools causing concern
In determining proposals, decision-makers must ensure that the guidance on
schools causing concern (intervening in failing or underperforming schools) has
been considered where necessary.
Related proposals
Where proposals are related, this should be made clear in consultation and
representation periods, in published notices, and proposals. All notices should
be published together / or as one notice (e.g. where one school is to be enlarged
because another is being closed, a single notice could be published) and
specified as ‘related’.
Related proposals must also be considered together and, where possible,
decisions should be made at the same time.
The presumption against the closure of rural schools
Proposers should be aware that the Department expects all decision-makers to adopt
a presumption against the closure of rural schools. This doesn’t mean that a rural
school will never close, but that the case for closure should be strong and clearly in
the best interests of educational provision in the area.
The presumption doesn’t apply where a rural infant and junior school on the same
site are being closed to establish a new primary school.
Proposers should set out whether the school is referred to in the Designation of
Rural
Primary Schools (England) Order or, where it is a secondary school, whether the
school is identified as rural on the Get Information about Schools database.
Proposers should provide evidence to show they have carefully considered:
• alternatives to closure including: federation with another local school;
conversion to academy status and joining a multi-academy trust; the
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scope for an extended school to provide local community services and
facilities e.g. child care facilities, family and adult learning, healthcare,
community internet access etc;
• transport implications i.e. the availability, and likely cost of transport to
other schools and sustainability issues;
• the size of the school and whether it puts the children at an educational
disadvantage e.g. in terms of breadth of curriculum or resources
available;
• the overall and long term impact on the local community of the closure of
the village school and of the loss of the building as a community facility;
and
• wider school organisation and capacity of good schools in the area to
accommodate displaced pupils.
The presumption against the closure of maintained nursery
schools
Proposers should be aware that decision-makers are expected to adopt a
presumption against the closure of maintained nursery schools. This does not mean
that a maintained nursery school will never close, but that the case for closure should
be strong.
Where a proposal is for the closure of a maintained nursery school, the proposer
should set out:
• plans to develop alternative early years provision clearly demonstrating
that it will be at least equal in quantity and quality to the provision
provided by the nursery school with no loss of expertise and specialism;
and
• replacement provision is more accessible and more convenient for local
parents.
Amalgamations
There are two ways to amalgamate two (or more) existing maintained schools:
• The LA or governing body (depending on school category) can publish a
proposal to close two, or more, schools and the LA, or a proposer other
than the LA (e.g. diocese, faith or parent group, trust), can publish a
proposal to open a new school, depending on category. Where this is a
presumption school, this will be subject to publication of a section 6A
notice (see part 2). This will result in a new school number being issued.
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• The LA and / or governing body (depending on school category) can
publish a proposal to close one school (or more) and enlarge / change the
age range / transfer site (following the statutory process as / when
necessary) of an existing school, to accommodate the displaced pupils.
The remaining school would retain its original school number, as it is not a
new school, even if its phase has changed.
Existing schools wishing to acquire, change or lose a
religious character
It is not possible for an existing maintained school to change its religious
character. Instead, the LA or governing body must publish a proposal to close
the existing school and a proposer, normally a faith organisation, must issue a
‘related’ proposal to establish a new voluntary or foundation school with a
religious character. This can be done by either gaining the Secretary of State’s
consent under section 10 or as a special case under section 11 of EIA 2006.
In ALL cases, before the religious designation flexibilities can be utilised, the
proposer will need to
apply separately, to the Secretary of State, for the new
school to be designated with a religious character. This would normally be done
once the proposal for the new school has been approved.
Schools designated with a religious character that close will automatically have
the designation revoked. This means that where two or more schools have
amalgamated and the intention is that the successor school will have a religious
designation, the new school will have to apply for that designation. Upon gaining
a religious designation, a school cannot immediately change its admissions
policy to include faith-based criteria. It will need to have consulted on, and
determined, its admission arrangements in accordance with the School
Admissions Code.
Two years notice of closure – voluntary and foundation
schools
In addition to the statutory process for closure in part 4, the governing body of a
voluntary or foundation school may, subject to specified provisions10, give the
Secretary of State and the LA at least two years’ notice of their intention to close
the school.
The trustees of a foundation or voluntary school must give their governing body
at least two years’ notice if they intend to terminate the school’s occupation of its
10 As outlined in section 30 of the SSFA 1998, and including those in the DBE Measure 1991.
20
site. The minimum two years’ notice allows the LA and / or governing body time
to make alternative arrangements for pupils.
Closure of a community or foundation special school in
the interests of pupils
The Secretary of State may direct11 a LA to close a community special or
foundation special school if he considers it is in the interests of the health, safety
or welfare of the pupils. Prior to making the direction, the Secretary of State must
consult: the LA, any other LA who would be affected by the closure of the
school;, the person(s) who appoints the foundation governors (for a foundation
special school with a foundation); and any other person(s) the Secretary of State
considers appropriate.
The Secretary of State must give notice of the direction in writing to both the
governing body and the head teacher of the school. The school must be closed
on the date specified by the Secretary of State.
Temporary school closures
A proposal to close a school is not required where a school will temporarily
cease to operate due to a rebuild. Where a school operating over multiple sites
proposes to cease operations on one (or more) of its sites, the proposal will be
for a prescribed alteration, and not a school closure.
11 Section 17 of EIA 2006
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4: The statutory process
This section sets out the stages of the statutory process. The statutory process below
must be followed for opening12 and closing13 a maintained school.
Stage one: consultation
It is a statutory requirement to consult any parties the proposer thinks is
appropriate before publishing proposals under section 10 or 11 for new schools
and for section 15 proposals to close a maintained school.
The proposer may use the consultation to consider a range of options for the
future of a school (e.g. amalgamation, federation or closure). However, the
proposer must then publish specific proposals (see stage two of the statutory
process below). It is these specific proposals setting out details of the new
school or the school to be closed which can be commented on or objected to
during the statutory representation period.
It is for the proposer to determine the nature and length of the consultation. It is
best practice for consultations to be carried out in term time to allow the
maximum number of people to respond. Proposers should have regard to the
Cabinet Office guidance on Consultation principles
when deciding how to carry
out the consultation period.
In the case of the closure of rural primary schools and special schools, the Act
sets out some particular groups who must be consulted. This is set out in Annex
A.
Stage two: publication
A statutory proposal should be published within 12 months of the initial
consultation period being completed. This is so that it can be informed by up-to-
date feedback. A proposal MUST contain the information specified in either
Schedule 114 for establishing a new school or Schedule 2 for closing a school of
the Establishment and Discontinuance Regulations. Annex B summarises the
information required for closure proposals and Annex C summarises the
information required for establishing a new school under the section 10 or 11
processes.
12 Under sections 10 and 11 of EIA 2006
13 Under section 15 of EIA 2006
14 Of the School Organisation (Establishment and Discontinuance) (England) Regulations 2013.
22
The proposer must publish the full proposal on a website along with a statement
setting out:
• how copies of the proposal may be obtained;
• that anybody can object to, or comment on, the proposal;
• the date that the representation period ends; and
• the address to which objections or comments should be submitted.
A brief notice containing the website address of the full proposal must be
published in a local newspaper and may also be published in a conspicuous
place on the school premises (where any exist), such as at all of the entrances to
the school.
In all cases, within one week of the date of publication on the website, the
proposer MUST send a copy of the proposal and the information set out above
to:
• the Secretary of State
(schoolorganisation.notifications@education.gov.uk);
• Where the proposal is to close a special school, the parents of every
registered pupil at the school;
• The Diocesan Board of Education of any Church of England diocese in
the relevant area;
• the bishop of any diocese of the Roman Catholic Church any part of
which is comprised in the area of the relevant authority; and
• any other body or person that the proposer thinks is appropriate (e.g. any
relevant religious authority).
• Where the proposal is for a new school under section 10 or 11 of the EIA
2006 and the LA is not the proposer, the LA which it is proposed would
maintain the school.
• Where the proposal is for the closure of a maintained school, the
governing body or the LA responsible for maintaining the school (as
appropriate)
Within one week of receiving a request for a copy of the proposal the proposer
must send a copy to the person requesting it.
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Stage three: representation
Except where a proposal is for the closure of a rural primary school or a special
school,
View Decision / Minutes Text
Cabinet Member Decision Notice – 24 March 2021 OFFICIAL DECISION NOTICE PUBLISHED BY DEMOCRATIC SERVICES ON 24 MARCH 2021 The Cabinet Member for Families, Education and Wellbeing has made the following decision today: 1. CABINET MEMBER FOR FAMILIES, EDUCATION AND WELLBEING AMALGAMATION OF OAK FARM JUNIOR SCHOOL AND OAK FARM INFANT AND NURSERY SCHOOL DECISION: That the Cabinet Member for Families, Education and Wellbeing approved the amalgamation of Oak Farm Junior School and Oak Farm Infant and Nursery School. REASONS FOR THE DECISION MADE The Federated Governing Body of Oak Farm Junior and Infant and Nursery Schools met on Wednesday 7 October 2020 to discuss the future of Oak Farm Junior School and Oak Farm Infant and Nursery School. Reviewing various options, the Governing B ody agreed to amalgamate both schools. The Cabinet Member approved amalgamation consultation for Oak Farm Junior and Infant and Nursery Schools on 25 November 2020. Full stakeholder consultation ha d concluded with a positive agreement for amalgamation. ALTERNATIVES CONSIDERED AND REJECTED The Cabinet Member could have declined to amalgamate the schools. FURTHER INFORMATION The detailed report relating to this decision is available to view here . Dan Kennedy, Residents Services DECISION AUTHORITY & IMPLEMENTATION Where required, these decisions have been taken under The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. These decisions, unless called in, will come into effect from 5pm on Wednesday 31 March 2021. This is the formal notice by the Council of the above decisions. If you would like more information on any of the decisions, please contact Democratic Services on 01895 250636. Cabinet Member Decision Notice – 24 March 2021 The right hand column indicates the name of the officer(s) responsible for implementing / following up the decision in each case. Circulation of this decisions sheet is to a variety of people including Members of the Council, Corporate Directors, Officers, Group Secretariats and the Public.