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All Local Authorities (LA) have a statutory responsibility under the Education Act 1996 '...to ensure that schools in its area are sufficient in number, character and equipment to provide education suitable for the different ages, abilities and aptitudes and special educational needs of pupils of school age'.
Torbay Council therefore has a duty, as commissioner of school places, to ensure that such provision is made.
Which changes require the publication of statutory notices?
Changes that require the publication of statutory proposals are:- the opening of a new community, foundation or voluntary school;
- the closure of a community, foundation, or voluntary school;
- the opening or closure of a maintained nursery school
- an increase (other than a temporary increase) in the number of pupils in any relevant age group by 27 or more pupils;
- the closure of one site on a multi-sited school if it is 1 mile or more from the main entrance of the remaining site;
- a change in the lower or upper age range of a school by a year or more;
- the addition or removal of SEN provision;
- the introduction of banding arrangements for the admission on pupils;
- proposals by the governing body of a designated grammar school to end selection
- changing a school from single sex to mixed or vice versa;
- the introduction of or ending of boarding
- The enlargement of the premises of a school where this would:
- increase the capacity of the school by more than 30 pupils; and
- taken together with any previous enlargement from the 'appropriate date' represent an increase in the capacity of the school by 25% or 200 pupils, which ever is the lesser, unless the school is expected to revert to its existing physical capacity within 3 years.
- The transfer of a school to a new site, except where:
- the transfer is to the school's playing fields
- the new site is within 2 miles of the existing site and the premises cannot either be brought up to the appropriate standard or enlarged to the appropriate standard
- a change of category of a school (i.e. from community to foundation).
Who has the power to publish statutory proposals?
This varies according to the type of school. You can download and view further information on this in the Related Documents panel below.What is the process for publishing a proposal?
There are 5 statutory stages to implementing a statutory proposal for changing an existing school:- Consultation:
Those who are considering bringing forward a statutory proposal must consult with all interested parties and in doing so have regard for the guidance produced by the DFE. The proposers should also allow adequate time and provide sufficient information for those being consulted with. The conduct of the consultation is not prescribed in the regulations and it is for the proposers to determining the nature of the consultation. - Publication:
A statutory notice must be published in a local newspaper, displayed at the main entrance of the school named in the proposal and also displayed at some other conspicuous place in the area served by the school (i.e. the library). - Period of Representation:
Once proposals are published there follows a statutory 6 week period during which representations (objections or supportive comments) can be made. - Decision:
Once the representation period has ended the decision maker will consider the proposal and the representations made. The proposal will be approved, approved with modification, approved with conditions or rejected. - Implementation:
If the proposal is approved then the proposer has a duty to ensure that the proposal is implemented by the specific date. If the original proposal can not be implemented then the proposer must publish a second proposal to remove the duty to implement the first proposal.
What happens if a new school needs to be established?
If it is decided that a new school is required then the LA will need to run a competition. There are 6 statutory stages to running a competition:- Consultation:
As with all statutory proposals the LA must consult with all interested parties and in doing so have regard for the guidance produced by the DfES. The consultation would need to include consideration of any linked closures. - Invitation to Bid:
The LA must publish a notice in a local newspaper inviting promoters to come forward and bid to provide the new school. There then follows a 4 month submission period when promoters can submit their proposals for the new school. - Publication of Proposals:
Within 3 weeks of the expiry of the submission period the LA must publish details of the proposals that have been submitted. - Decision:
Once the representation period has ended the decision maker will consider the proposal and the representations made. - Implementation:
If the proposal is approved then the proposer has a duty to ensure that the proposal is implemented by the specific date. If the original proposal can not be implemented then the proposer must publish a second proposal to remove the duty to implement the first proposal.
Where proposers other than an LA wish to establish a new school then they must apply to the Secretary of State for consent to publish proposals for a new school, without a competition. There is no provision for proposers other than LAs to hold competitions.
Further information on School Organisation and statutory proposals can be found on the DCSF - School Organisation 
website.
website.Related Documents
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Who can publish, decide and appeal statutory proposals?
Details on who can publish, decide and appeal statutory proposals.
Last updated: 04/05/2011, 11:07am (62 KB)
Related Websites
Contact Schools Capital and Planning Team
- Tel: 01803 208220
- Email: schoolscapital@torbay.gov.uk
- Fax: 01803 208237
