National Association for Small Schools

Note the final paragraphs in this letter to Shropshire’s Cllr. Peter Phillips (Lib. Dem.) :

Further to our telephone conversation, I confirm there is currently a disclaimer on the School Organisation website, containing statutory guidance for decision-makers. A new UK government took office on 11 May. As a result this site may not reflect current policy. All statutory guidance and legislation published on it still reflects the current legal position unless indicated otherwise.

The following is an extract from the current closure guidance: http://www.education.gov.uk

Surplus  Places (Paragraphs  4.35-4.36)

4.35

It is important education is provided as cost-effectively as  possible. Empty places can mean poor use of resources that could more effectively support schools in raising standards. The Secretary of State wishes to encourage LAs to organise provision to ensure places are found where parents want them. LAs should take action to remove empty places at schools unpopular with parents and doing little to raise standards or improve choice. The removal of surplus places should always support the core agenda of raising standards and respecting parents' wishes by matching school places with parental choices .

4.36

The Decision Maker should normally approve proposals to close schools to remove surplus places where the school to be closed has a quarter or more places unfilled, and  at least 30 surplus places, and where standards are low compared to those  across the LA. The Decision Maker should consider all other proposals to close schools to remove surplus places carefully. If the rationale is the removal of surplus places, standards at the school(s) in question should be taken into account, as well as geographical and social factors, such as population sparsity in rural areas, and the effect on any community use of the premises. Surplus places were mentioned in 'The Importance of Teaching – The  Schools White Paper 2010' the precursor to the Bill, outlining the Government's future policy for schools in England.  Some expectations therein outlined do not rely on changes to legislation, as in the case of surplus places. The White Paper stated: (5.31)  “Even in areas without significant demographic growth, we want local  authorities to focus on supplying enough good places rather than removing surplus places.”

Reducing surplus places is no longer a priority; for choice to work effectively there must be some slack in the system as a whole, even though this may seem costly.  Competition from new schools in the system will bring pressure to improve existing underperforming ones that otherwise might face closure from financial failure and pupils moving to  better schools.

LAs are not prevented from closing schools with surplus places, but statutory guidance, which must be considered by the authority when determining closure proposals, does state that if the rationale is the removal of surplus places, standards at the school should be taken into account, as well as geographical and social factors, such as population sparsity in rural areas, and the effect on any community use of the premises.

The guidance is currently being updated to reflect the new Government's policies and should be available from May. Where a school is being  closed, proposals can be brought forward for a Free School through the normal  Free Schools process, on the land and site of the closing school, if a  local group determines to drive this forward and apply, satisfying all the usual  criteria.  Free School decisions are made by the Secretary of State. The deadline for applications to establish Free Schools in September 2011 has passed; applications for opening in September 2012 have a deadline of 1 June 2011.

The sponsored Academy  and  converter Academy routes are different from the Free School  process, in that sponsored Academies are usually arranged to replace underperforming schools in order to raise their standards, whereas schools in  Ofsted categories 'outstanding' and 'good with outstanding features' can apply  for conversion to Academy status.  Schools not in these Ofsted categories but in a hard federation with such schools can also apply to convert at the same time.  There is no deadline for applications to convert to an Academy - these are considered on their individual merits.

A school can only convert if it hasn’t closed.  If it is subject to closure proposals, the Secretary of State would have to take this into consideration when determining whether or not to approve its conversion.  A Free School would be the most appropriate route where closure has been approved.

Mrs. Caroline Kerr, Department for Education, School Collaboration, Organisation & Fair Access Division Tel: 01325 735732 (x635732)

Academy Rules Relaxed

Since learning of the above NASS has been informed by The Campaign for Real Education of a paragraph from a recent CCN (County Councils Networks) Executive Committee Report.  "Until April the 7th only schools with Ofsted judgement 'Outstanding' or 'Good with Outstanding features' were allowed to apply to convert in their own right.  Other schools had to apply as part of wider chains working with strong schools.  The Government will now consider applications from any school, including special schools that can make a compelling case for academy status."