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Free school meaning

What does Free school mean?
In practice, a free school is a new state‑funded academy in England, established and run by an academy trust and operating independently of the local authority. The term is descriptive rather than statutory: it is not defined in the Academies Act 2010 and is used by the Department for Education and practitioners to denote academies created under the free schools programme. A free school is governed by an academy trust (a company limited by guarantee and exempt charity) and funded directly by the Secretary of State under a funding agreement. It is subject to Ofsted inspection and, save for recognised exceptions (e.g. alternative provision and 16–19 institutions), must comply with the School Admissions Code, as well as SEND, safeguarding, exclusions and Equality Act 2010 obligations. Free schools have greater autonomy over curriculum, staff pay and the school day, within funding agreement conditions. Types include mainstream, special, alternative provision and 16–19 institutions. The term has no formal meaning in Wales, Scotland, Northern Ireland or Ireland; there is no directly equivalent legal category in those jurisdictions. Usage is England‑specific, though the term is commonly encountered in admissions disputes, governance and funding documentation relating to academies.
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NEWS
Employment law weekly: ER Bill progress, Commercial Agents Regulations retained, apprenticeship reforms, childcare disparity and belief case law, neonatal leave guidance, whistleblower bill, and key dates—20 February 2025

In this issue: Horizon scanning Status and worker categories Employment contract Protected characteristics Diversity and gender pay gap Maternity, parents and carers Whistleblowing Dates for your diary Trackers Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning HoC Library publishes briefing on progress of Employment Rights Bill 2024–25. The House of Commons (HoC) Library has issued a briefing tracking the Employment Rights Bill 2024–25 (ERB) through its stages to date. It distils the main strands of debate, including unfair dismissal, flexible working, statutory sick pay, family leave, harassment protections, fire and rehire practices, sectoral collective bargaining in education and adult social care, trade union rules, and labour market enforcement. It also summarises amendments made so far. See: LNB News 13/02/2025 53. Status and worker categories DBT keeps Commercial Agents Regulations unchanged after consultation. The Department for Business and Trade (DBT) has completed its consultation...

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NEWS
Higgs v Farmor’s School: England and Wales Court of Appeal says offence or speculative reputational harm insufficient; employers must justify disciplining off-duty online expression of protected beliefs

Higgs v Farmor’s School and (1) the Archbishops’ Council of the Church of England, (2) the Free Speech Union Ltd others as interveners), the Association of Christian Teachers, (4) Sex Matters, (5) the Equality and Human Rights Commission (as interveners) [2025] EWCA Civ 109 A school worker’s success is set to shape how employers and tribunals approach cases where staff spark outrage by airing an increasing range of legally protected views, commonly online. Justice Nicholas Underhill, writing for a unanimous panel, confirmed that employers carry the burden of proof to show any disciplinary step is “objectively justified”. Free speech supporters welcomed the judgment as a landmark in human rights law, granting employees broad room to use unrestrained and provocative language. Susan Kelly, partner at Winckworth Sherwood LLP, said it re‑emphasised the democratic importance of workers being able to say what they believe, “whether or not that belief is popular or mainstream”. Andrea Williams, chief executive of the Christian Legal Centre, stated the ruling declares “loud and clear that...

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NEWS
UK Public Law Weekly Update—5 June 2025: Brexit/TCA and EUSS; Equality and Human Rights; Judicial Review; FOI; Procurement and the Procurement Act 2023; Subsidy Control; Key SIs

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Equality and human rights Judicial review Freedom of information Public procurement Subsidy control and State aid Public sector pensions State accountability and liability Free webinars: Judicial Review: Practice and Procedure Pt 1 and 2 LexTalk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights Institute for Government explainer on UK–EU summit outcome The Institute for Government has released an explainer following the inaugural UK–EU Summit in London, setting out the freshly announced results of the UK–EU reset. See: LNB News 03/06/2025 43. Weekly round-up of EU–UK TCA Specialised Committees’ publications—30 May 2025 This summary covers publications issued by Specialised Committees created under the EU–UK Trade and Cooperation Agreement (TCA) for the period 27–29 May 2025. See: LNB News 30/05/2025 15...

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PRACTICE NOTES
HC 877: UK Immigration Rules changes from 6 April 2016—comprehensive practitioner analysis of PBS, family, visitors, refusals, administrative review and service of notices

This review outlines the principal updates to the Immigration Rules (the Rules) contained in HC 877 that will most concern business immigration advisers. HC 877 was laid on 11 March 2016, accompanied by an Explanatory Memorandum (EM). This notice excludes amendments to Tier 2 of the Points-Based System (PBS) recommended by the Migration Advisory Committee (MAC) in its January 2016 report, as the Home Office has not yet issued a formal response to the MAC review. Revisions to the Immigration Rules for Tier 2 are expected in the summer or autumn. Be aware that two sets of corrections were placed on the opening pages of HC 877 in March 2016, before the Statement took effect. You can jump to individual subjects swiftly via the Contents bar. Implementation Unless specified otherwise, the amendments apply to applications submitted on or after 6 April 2016. Applications filed before this date will be determined under the Rules in force as at 5 April 2016. Definitions Apart from definition changes that...

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PRACTICE NOTES
England and Wales: Legal Framework for Home‑to‑School Transport, Post‑16 Travel and Out‑of‑School Trips—Duties, Charging, Case Law and Risk Management

Home-to-school transport (early years) in England Local authorities in England can offer home-to-setting transport for children in early years provision outside schools and may lawfully make a charge for providing it. Home-to-school transport (compulsory school age) in England Travel arrangements for eligible children Unless, and until, an approved school travel scheme is in force—something that will not now occur; see below—a local authority in England must put in place whatever travel it considers necessary to ensure every eligible child of compulsory school age can reach their relevant educational establishment and return home. This does not have to be a door-to-door service, as confirmed in R (M&W) v Hounslow. For an eligible child, the travel provided must be free of charge and must not require participants to incur extra costs. The DfE has issued guidance, including a model appeal process recommended for use by LAs to help resolve disagreements about pupils’ eligibility for home-to-school transport. LAs are reminded to adhere to their published policy or risk...

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PRACTICE NOTES
School food in England and Wales: provision powers, nutritional standards, charging and free entitlements (including Welsh primary breakfasts)

As with various areas of education legislation, the rules on school meals now differ in England and in Wales. Food and drink provided to pupils in schools in England English local authorities may supply milk, meals and other refreshments to registered pupils, to others taught at maintained schools, and to children in receipt of ‘relevant Early Years education’. This power also covers the provision of lunches at academies, free schools and independent schools. Catering can be delivered on school premises or at any other place where education is taking place, and local authorities must ensure maintained schools have facilities for pupils to consume food and drink brought from home. Provision may equally occur at alternative venues used for education. Including all temporary teaching sites. Catering in academies and free schools is not set out in statute, though their funding agreements with the Department for Education (DfE) or Education Funding Agency (EFA) may impose comparable duties. The power to offer school lunches becomes an obligation if a person entitled...

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Q&As
Academies/free schools: maintained schools' minimum days duty?

Under the Education Act 1996 and the Education (School Day and School Year) (England) Regulations 1999, schools are legally required to operate for at least 380 sessions, or 190 days, during each academic year in England...

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