The decision to close a school site is always difficult and not something that is undertaken lightly. It is something that deeply affects individuals and communities and raises many critical questions for pupils, staff, families, parishes and the wider community. It is also a complex process covered by legislation and statutory guidance.
Here are some frequently asked questions (FAQs) around school closure (sometimes called merger or amalgamation by the Department for Education) which focus on the legal process, the impact on people, and the physical property:
🏫 Procedure and Decision-Making
1. What is the process for deciding a school closure?
The process is typically governed by statutory procedures set by the relevant educational authority (e.g. local authority, Department for Education / national government). It usually involves multiple stages:
- Pre-publication consultation: The proposing body (e.g., the local authority, academy trust or governing body) consults with those who may be affected (e.g. parents, staff, parishes, other schools).
- Publication of statutory proposals: Formal plans for the closure are published.
- Representation period: A set period (often four to six weeks) for stakeholders to submit formal feedback or objections. During this time a face-to-face consultation meeting will take place.
- Decision: A designated decision-maker (e.g., the local authority or the Secretary of State for Education) reviews all information and makes a final decision.
- Implementation: If approved, the process of closing and transitioning the school begins.
2. Who can propose a school closure?
This depends on the school’s category:
- Academy – Academy Trust Board or Secretary of State for Education
- Voluntary Controlled / Aided – Governing Board or Local Authority
3. What are the common reasons for closure, merger of amalgamation?
Reasons often include:
- Falling pupil rolls (under-capacity) and the need to remove surplus capacity.
- Financial reasons and a need for greater efficiency.
- Educational standards (e.g., intervention in schools causing concern or underperforming).
- Leadership challenges (e.g. difficulty in recruiting high quality leaders and governors).
- Amalgamation (merging two or more schools into a single new institution).
- Building or sites issues (e.g. a school building that is unsafe or unfit for purpose).
4. Who is the decision maker when closing a school?
This depends on the school’s category:
- Academy –Secretary of State for Education
- Voluntary Controlled / Aided –Local Authority
5. Can the decision to close a school be challenged?
Yes. During the statutory process, people can submit representations (objections/support). If the statutory procedures are not followed correctly, there may be grounds for legal challenge.
6. How can the community have its views considered?
The consultation process, as set out above, must have a representation period where interested parties can feed in their views. There will usually be a face-to-face meeting for stakeholders to attend and there must be simple ways for feeding in views by letter, email or online consultation.
👩🎓 Impact on Pupils and Families
5. Where will the pupils go?
The local authority is responsible for ensuring all displaced pupils are provided with suitable, alternative full-time educational provision. They will need to consult on a change of school catchment area. Whichever school is selected as the new catchment school the local authority will provide free transport based on the following:
- the school is more than 2 miles away and the child is under 8
- the school is more than 3 miles away and the child is 8 or over
6. How are the new catchment areas and schools chosen?
The decision-maker considers the impact on all affected schools. Factors include:
- The proximity and distance of the new school.
- Whether the receiving school has the capacity to accommodate the new pupils.
- Educational continuity and addressing the social/emotional impact on transferring pupils.
- For schools with a religious character, ensuring a suitable alternative is considered.
7. What support is offered to pupils transferring to a new school?
Pupils may experience a sense of worry and anxiety. Recommended support often includes:
- Planned transition including family outreach at the receiving schools.
- Support and guidance with transportation to the new school.
- Focused efforts from staff to build new supportive relationships with incoming pupils.
- Support regarding school uniform should a change be necessary.
🧑💻 Impact on Staff
8. What happens to the teachers and staff?
This is a challenging time for staff. HR procedures will be diligently and sensitively followed, and staff wellbeing will be prioritised within this period of change. Efforts are often made to avoid compulsory redundancies where possible, and staff may be considered for open positions at other schools, often through an internal redeployment process.
Engagement with staff professional associations / trade unions is welcomed as part of the process.
🏗️ What Happens to the Building?
10. What happens to the school building and land?
The ownership and use of the building depend on the type of school and who owned the land.
- Church of England schools will usually have site trustees who have legal responsibilities. They are usually the vicar and churchwarden or the Diocese (NDBF). Playing fields are usually owned by the Local Authority.
- Specific statutory guidance must be followed by the site’s owner / owners (e.g. follow procedures set out in Section 554, Education Act 1996).
- Church school sites have usually been donated for educational purposes and hence cannot simply be sold for profit – there are strict procedures to follow whether the site is sold or leased. Any proposals for community use must align with the original trust deed which is likely to mean there needs to be an educational purpose.
- The closing school’s assets and liabilities are usually transferred to the local authority or the body responsible for the site e.g. Diocese. The security and upkeep of unoccupied properties can become a fiscal concern. The responsible body will need to ensure site security, adequate insurance etc whilst the site remains empty.
- The land and building may be repurposed for other educational use, sold, or maintained until a decision is made.
The two pages that follow set out more technical detail in relation to the legal elements covering church school closure.
Additional technical detail relating to Church of England schools.
The closure of a Church of England (CofE) school involves not just the general education law, but also specific legislation protecting their religious character and assets.
The statutory guidance for the closure of maintained CofE schools (Voluntary Aided or Voluntary Controlled) in England is primarily covered by the same overarching legislation as other maintained schools, but with crucial additional requirements for consultation and decision-making authority.
🏛️ Key Statutory Framework and Guidance
The process is generally governed by:
- The Education and Inspections Act 2006 (EIA 2006) (specifically Section 15 and Schedule 2 for discontinuance proposals).
- The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013.
- The School Organisation: Maintained Schools statutory guidance from the Department for Education (DfE).
1. Mandatory Involvement of the Diocese
The most significant difference for CofE schools is the mandatory involvement of the Diocesan Board of Education (DBE):
- Consultation Requirement: The DfE statutory guidance explicitly requires that when a proposal involves or is likely to affect a school with a religious character, the appropriate diocese or relevant faith group must be consulted.For CofE schools, this means consulting the DBE.
- Proposing Closure: For Voluntary Aided (VA) and Voluntary Controlled (VC) schools, the proposal to close can be published by either the Local Authority (LA) or the school’s Governing Body. However, in the case of a VA school, the governing body is strongly aligned with the foundation, which involves the Diocese.
- Diocesan Board of Education Measure 2021: This Measure sets out the relationship between the DBE and the school trustees, making the DBE a key advising and supporting body throughout the closure process.
2. Decision-Making and Appeals
The DBE also holds a special position in the decision-making process:
- Right of Appeal/Referral to the Schools Adjudicator (OSA): If the Local Authority is the decision-maker, the Diocesan Board of any Church of England Diocese in the relevant area has the statutory right to appeal the LA’s decision to the independent Office of the Schools Adjudicator (OSA). This power ensures the religious character and ethos of local provision is safeguarded.
3. Presumption Against Loss of Religious Character
DfE guidance includes a strong presumption regarding denominational schools:
- Protection of Denominational Places: The decision-maker should not normally approve the closure of a school with a religious character where the proposal would result in a reduction in the proportion of denominational places in the area.
- Exceptions may include cases where the school is severely under-subscribed, standards have been consistently low, or where a change is part of an amalgamation maintaining the same religious character.
4. What Happens to the Land and Assets?
The closure of a CofE school triggers specific legal processes concerning the land, which is often held by a charitable foundation or trustees for educational purposes:11
- Diocesan Boards of Education Measure 2021 (The Measure): This measure is crucial for the school site and any associated trusts.
- Section 554 Orders (Education Act 1996): Once the school is permanently closed, the trustees must consider the disposal of the land. A Section 554 order is often used to establish how the net proceeds of a land sale must be allocated.A common split is 11/14ths to the Diocesan Church Schools Uniform Statutory Trust (CSUST) and 3/14ths to the parochial church council for a religious fund.
- Reverter of Sites Act 1987: This Act is also relevant as it governs situations where school land that was originally provided by the LA (or private donor) may revert back to the LA (or private donor) once it is no longer used for a maintained school.
Due to the legal and charitable implications, the process for a Church of England school closure is generally more detailed and requires a higher degree of coordination between the Local Authority, the Governing Body, and the Diocesan Board of Education.