There are a multitude of various applications, consultations, considerations that senior leadership teams need to be make when looking at any development or improvement at a school.
A quite often-overlooked area from our experience tends to applications for consent from the Department for Education (DfE) for significant changes to a school. This is not unusual given just how complex and lengthy applications of this nature can be.
These are some of the most common reasons:
- Lack of awareness or understanding of the DfE requirements particularly for less obvious changes like adding a satellite site or modifying SEN provisions
- Confusion over guidance. The DfE’s guidance can be detailed and complex which often leads to misunderstanding about when and how to apply.
- Misunderstanding the term significant. Some schools may not be aware what qualifies as significant under the DfE rules.
- Lack of planning and time awareness.
- Limited resources or capacity
- Not engaging with stakeholders early on or at all
This briefing note intends to provide a summary of the process of significant change applications, when these are likely to apply and what the best way of strategizing the applications are.
What is a significant change application?
Firstly, what is a significant change for a school? The term is fairly broad and can encompass a whole heap of situations but simply put, this is likely to apply where schools need to make substantial changes to their structure, provision or operations to meet the ever-evolving needs of pupils in addition to the local community.
A significant change application will often need to be made where in the following cases (but may also include other situations):
- There are changes to the age range. This can include increasing or decreasing the age range at the school including introducing a nursery or sixth form. (Though it should be noted that the introduction of the Government’s recent policy to promote school-based nurseries, may lead to a more relaxed approach to obtaining consent for the requirement to add a new nursery, remove an existing nursery or change the age range of an existing nursery (if any). Maintained schools (voluntary, foundation and community) will now, not need to follow the prescribed alteration statutory process to make age range changes relating to nursery provisions).
- Any case where the pupil capacity increases or decreases beyond the usual threshold.
- Changes are made to the school site. For example, where a school site is relocated, the school merges sites with another school or unit, a new site is opened this includes satellite sites e.g. SEN sites.
- The type of provision is changed. This can encompass varying different scenarios such as converting from single sex school to coeducational or changed the school’s SEN designation.
Please note that Maintained schools (voluntary, foundation and community) will also need to consider statutory process for making prescribed alterations to schools. The 2013 Regulations (The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations) and the ‘Making significant changes (‘prescribed alterations’) to maintained schools’ guidance sets out more information about this.
When does an application need to be made?
Applications should be made as early as possible. The process can be lengthy, and enough time should be given to allow the DfE to process and provide a decision in advance any changes.
It should be highlighted that not applying for consent could constitute a breach of the academy trust’s funding agreement, which may lead to the DfE taking further action to address the breach.
Please note that applying for any other type of consent does not negate the need to apply for a significant change consent or vice versa. The DfE caseworker may agree to simplify the process by combining multiple different applications for consent into one e.g. grant of a lease, and a significant change application together but this cannot be guaranteed.
Summary of the steps involved in making an application:
- Gather as much information and evidence to support your proposal for the change. Evidence can include data on pupil demand, financial projections and educational benefits.
- Ensure you carrying out a consultation. The consultation should involve the key stakeholders to the school, this is likely to be parents, staff, the local authority/authorities and the local wider community. It is essential to gain feedback and demonstrate support for the proposal.
- Consider other consents and permissions that may be required and apply as soon as possible.
- Prepare the application. We can assist with this. predominately the application will need to cover what the intended changes are, what the rationale and objectives for those changes are, any impact these will have, how this will comply with regulations and if the changes are feasible.
- The application will then need to be submitted to the DfE. Academies must also secure approval from their Regional Director prior to submission.
Key considerations for schools:
When planning a significant change, it is vital to consider:
- The impact on pupils: how will the change improved educational outcomes? For example, expanding capacity might address growing local demand, while adjusting the age range could provide a more seamless educational journey.
- Stakeholder support: Parents, staff and the local community should be involved as early as possible to build support and understanding for the proposed changes.
- Alignment with community needs: Changes should reflect the local demand whether through addressing pupil growth providing new SEN provisions or adapting the services to meet the local needs.
- Feasibility: any proposed change must be financially realistic with a clear plan for implementation that aims to minimise any disruption to the current school provision.
- Consents and permissions: what other consents and permissions will be required, this may also include planning permission, consents from a statutory undertaker, other applications to the DfE or statutory consents through the Prescribed Alterations route, consent from a landowner etc.
- Timeline and cost: due consideration needs to be given for the length of time it will take for evaluate the plans, apply for relevant consent
How we can help
Significant changes present opportunities for schools to adapt and thrive but they require careful planning and compliance with the DfE guidelines.
By engaging with us early in the process, schools can ensure their applications are robust, well supported and have the best change of success.
If you are considering any significant changes to your school, we are here to help. Contact us to discuss your plans and how we can assist.
For further information or to discuss plans please contact our team:
Andrea Squires, Head of Department and Partner, on 0207 593 5039 or asquires@wslaw.co.uk, Zahraa Ilmass, Senior Associate, on 0203 735 1939 or zilmass@wslaw.co.uk, Sonia Din, Associate, on 020 7593 0326 or sdin@wslaw.co.uk