Education Act 2002

Education Act 2002

2002 CHAPTER 32

Commentary on Sections and Schedules

Part 5 – School Organisation

Proposals to establish, alter or discontinue schools

Section 75 and Schedule 10: Changes to existing procedures

211. These provisions amend the procedure for dealing with statutory proposals for the establishment, alteration or discontinuance of schools in England. Schedule 6 to the SSFA 1998 is amended in relation to England to:

• allow comments of any kind, and not just objections, to be made in response to consultations in addition to statutory objections;

• allow the local SOC to refer statutory proposals to the Schools Adjudicator for decision if they think it appropriate to do so, subject to regulations (for example, if a Committee is unable to decide a proposal because it has not been possible to achieve a quorum. This may occur if many members of a Committee have an interest in the result of a matter that is being decided and they withdraw from the discussion of the matter);

• provide that promoters of new foundation or voluntary schools (other than Church of England or Roman Catholic dioceses, who already have groups on the SOC) whose proposals are rejected by the SOC shall have the right of appeal to the Adjudicator;

• provide that the governing bodies of foundation and voluntary schools of a prescribed description who have published proposals of a prescribed description shall have the right of appeal to the Adjudicator if their proposals are rejected by the SOC (the intention is to apply this to popular schools which have published proposals to expand);

• allow the LEA to refer proposals to the SOC for decision if it thinks it appropriate to do so and subject to regulations (this is intended to cover the situation where the proposals can only be approved conditionally, and therefore need to go to the SOC, since an LEA cannot make conditional approvals);

• provide that proposals approved conditionally by the SOC or Adjudicator shall no longer be treated as rejected if the condition is not met by the specified date, but instead shall be considered afresh by whoever gave the conditional approval.

212. Schedule 6 to the SSFA is amended in relation to Wales to:

• Provide that proposals approved conditionally by the NAW shall no longer be treated as rejected if the condition is not met by the specified date, but instead shall be considered afresh.

213. Schedule 7 to the SSFA, dealing with the Secretary of State’s powers to act in the case of an insufficiency or excess of school places in an area, is also amended as necessary in the same way.

214. Schedule 7 to the LSA, dealing with procedures for inadequate sixth forms, is also amended to the same effect.