Guidance for Local Authorities, Learning and Skills Council, Diocesan authorities, school governing bodies, proposers of new foundation schools and parents

Statutory proposals for changes in school provision

The main funtions of the schools adjudicators is to resolve disputes about the organisation of schools in cases where:

• key local partners appeal against a decision made by a LA;
• the LA has an interest in the proposal and is, therefore disqualified from being the decision maker;
• the LA has failed to make a relevant decision within the prescribed timescale; and
• a LA objects to the a school becoming a trust school.

Relevant proposals

The types of changes in school provision in which school adjudicators can be involved are proposals to:

• open a new school;
• close an existing school;
• make a significant change to an existing school (eg change the age range or change from single sex to mixed provision).

Judging competions for New Schools

Where a LA decides it is necessary to set up a new school, it is required to invite interested people and organisations to take part in a competition to decide who should run it.  The LA makes the initial decisions as to the size, age range and location of the school, but in responding to the competition proposers can put forward suggestions as to its design, ethos and any specialist focus, and variations to the Authority's specification

Normally the LA judges the competition, but if that Authority is itself one of the bodies submitting proposals, or it has a formal role in the governance of any other proposer, it is disqualified from judging the competition.  In these cases the adjudicator will make the decision.

There is no right of appeal against a decision made by a LA, or the adjudicator in connection with a competition for a new school.

New Schools - appeals

Proposals for new schools in a competition are decided by the LA, except where the LA has submitted proposals or has a role in the Trust of any Trust School proposals submitted, in which case proposals will be decided by the schools adjudicator.  There are no appeal provisions against decisions on school competitions.

For other proposals to establish a new school (ie where the Secretary of State has given consent to the publication or the special cases provided for in section 11 of the Education and Inspections Act), the decision will normally be taken by the LA.  The exception is where the LA is the proposer of the school or the proposals are for a new Trust School and the LA has a role in the Trust, and in these cases the proposals must be decided by the schools adjudicator.  Where the LA decides proposals for a new school the following bodies may appeal against the decision:

• the local Church of England or Roman Catholic diocese
• Learning and Skills Council (if the proposed school will provide for pupils aged 14 and above); and
• proposers of a new school where the proposals are rejected by LA.

Considering appeals against proposals to close or alter schools

Proposals to close or alter schools are made by the relevant LA or the school governing body (Note: regulations stipulate the types of alterations that can be made by each for the different catagories of school).  The decision on most proposals will be made by the LA. The following bodies have the power to appeal against a decision made by the LA and proposals are then referred to the adjudicator:

• the local Church of England or Roman Catholic Diocese;
• Learning and Skills Council (if the school provides for pupils aged 14 and above);
• governing bodies of any foundation or voluntary aided schools that are the subject of the proposals;
• governing bodies of any community school that is subject to expansion proposals.

Where alteration proposals are made by the governing body for its school to become a trust school, the decision will be taken by the governing body except where the LA requests that proposals be decided by the schools adjudicator if they believe that consultation has been inadequate or local school standards are at risk.

The appeal

An appeal against a decision made by a LA should be submitted to that Authority within four weeks of the notification of the decision.

Within one week the LA must forward the following:

• the original proposal and any supporting documents
• the appeal and associated representations
• its comments on the representations.

Considering the case

The adjudicator will consider the papers which have been provided.  He/she will consider whether the procedures have been properly followed and whether additional information is required.

In most cases the adjudicator will arrange a public meeting at which the proposer and the objector can present their cases, and other interested parties can express their views.

The adjudicator will the consider all the information and views submitted reach a decision, bearing in mind relevant legislation and the guidance for decision makers proved by the Secretary of State. Please click here to read the guidance.

Announcing the decision

The proposer and the organisation which referred the case to the adjudicator will receive a copy of the decision at the same time.  Objectors to the original notice will also be notified.   Decision are then posted on this website.

Challenging the decision

The adjudicator's decision is final and must be implemented in accordance with the proposed timescale.  The decision can be challenged only by application to the High Court for a judicial review.  Any such application must be made within three months of the date of the decision.  If you are considering this action, you are advised to consult a solicitor.  If you are concerned about the procedures used, you can make a complaint through you MP to the Parliamentary Commissioner (Ombudsman).

If you have an enquiry about making an appeal
You can write to the Secretary to the Office of the Schools Adjudicator. Or you can use the help-line or any of the following:

T  0870 001 2468
F  01325 391 313
E  OSA.TEAM@osa.gsi.gov.uk