Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

School organisation definition

What does School organisation mean? In practice, school organisation describes the legal processes for creating, altering, merging, relocating or closing state‑funded schools, including consultation, statutory proposals, decision‑making and routes of challenge. The expression is descriptive rather than uniformly defined, and its content depends on the jurisdiction’s education legislation and guidance. England: Governed mainly by the Education and Inspections Act 2006 and related regulations/guidance on “school organisation”. Proposals (for opening, closure, enlargement, age‑range change or site change) require consultation, publication and a decision by the local authority, governing body, trust, or the Schools Adjudicator. Academisation and free school openings proceed under the Academies Act 2010. Decisions are...

School organisation in England and Wales: statutory processes for establishing free schools and for altering or discontinuing maintained schools

Published by a LexisNexis Local Government expert

Practice notes

school organisation

'School organisation' is the term used for the range of statutory procedures concerned with opening, amending and closing maintained schools. In England—when a new state-funded school is to be created—a local authority that identifies a need in its area must publish a notice under section 6A of the Education and Inspections Act 2006 (EIA 2006), seeking proposals for a new academy, a process often called the 'free school presumption'. The Department for Education (DfE) has issued guidance explaining how this presumption should operate in practice. The local authority must also secure the site for the school and meet all related capital expenditure, together with revenue costs incurred before or after opening. If an appropriate free school proposer cannot be found, non-academy proposers may then be invited, through a competitive process, to satisfy the requirement. Only as a last resort will the Secretary of State permit a local authority—relying on EIA 2006, s 10 and/or s 11—to put itself forward as the proposer of a new community school, or to invite another party to establish a foundation school...

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Web page updated on 21/05/2026

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