Guidance

How to apply to open a free school in Kingston upon Thames

Published 4 January 2023

Applies to England

Introduction

We are working collaboratively with Kingston upon Thames Council and its children’s services provider, Achieving for Children (AfC), to create a new primary free school. We are now inviting applications from proposer groups to open the new 420-place primary school.

We want all children, whatever their background or location, to benefit from attending a school that provides a high-quality and inclusive education within the resilient structure of a strong trust. Free schools have an important role to play in levelling up opportunity and responding where there is a need for more school places.

The new school will be part of the central free schools programme and will be delivered and funded as such. Free schools are legally academies, which are state-funding educational institutions free from local authority control and are operated by academy trusts.

This process does not replace:

• the free school presumption process
• a local authority’s duty to secure sufficient appropriate education for children and young people

We will only send you a free school application form if you have pre-registered.

You have until:

• 5pm on 31 January 2023 to register your interest
• 5pm on 20 March 2023 to submit your final application

Who can apply

We are looking for applications that:

• have a compelling, evidence-based and achievable vision for how the school will improve outcomes and enhance the life chances of its pupils, as well as contribute to wider improvement in the education system
• can demonstrate the capacity and capability to deliver a financially viable school that will provide a high-quality and inclusive education
• offer good value for money, with an affordable education plan
• have a good understanding of the recruitment and retention issues that your school might face, with specific plans for ensuring teacher workload will be sustainable as the school grows
• can demonstrate a commitment to working within the local family of schools and with Kingston Council’s children’s services provider, Achieving for Children

We have a specific focus on improving outcomes for pupils identified as disadvantaged through their eligibility for pupil premium, although you should consider how your proposal can improve outcomes for other groups of young people experiencing educational disadvantage.

We will accept applications for a school with a religious designation or ethos.

Due to the constraints of the school site, we will not accept applications that include proposals for a nursery, special educational needs (SEN) units, or resourced provision.

Types of school you cannot apply for

We are not seeking applications from existing independent schools looking to become a state-funded school through this competition. There are other routes to open a new school outside of this competition. In this competition, you cannot apply to open:

• a presumption free school
• a maintained school
• a special free school
• an alternative provision free school

The school site

In this competition, the responsibility for providing a site lies with the Department for Education (DfE).

The school is located at 15 Coombe Road, KT2 7AB. It forms part a mixed-use development, which includes 19 residential apartments.

Whilst the site for the school will be ready for occupation from March 2023, the school will not open until September 2026, at the earliest, due to the local school place planning context. We will work with the appointed trust to identify any possible interim uses for the site ahead of the school opening.

We will provide further details and the agreed plans for the site once you have pre-registered.

You should include any possible alternative education uses for the site in your pre-registration email.

The layout of the school will be as per the agreed plans. The successful applicant will be responsible for the full costs of any changes to these layouts, with any proposed changes also subject to our consent.

We will provide the successful applicant with a schedule of the furniture fixtures and equipment and the IT as part of the completed building.

We will not consider alternative sites for the school.

Application process

Before applying, read this guidance carefully.

You should use the information within this guidance to determine whether you would like to apply to open and run the school. If you would like to apply, then you should use the information in the guidance as a basis for your application.

Key dates

Date	Action
4 January 2023	Mandatory pre-registration opens. If you are interested in applying, register your interest by emailing kingstonFS.applications@education.gov.uk. We will email application forms to you once you have completed the pre-registration.
9 January 2023	Application window opens. Begin work on your application. The assessment criteria set out the information you need to provide. You must register your interest to be sent the application form. Submitting your pre-registration early will allow you more time to complete the application forms.
31 January 2023	Pre-registration process closes. Your pre-registration must be submitted by 5pm.
20 March 2023	Application window closes. Submit your completed application via email to kingstonFS.applications@education.gov.uk by 5pm.
Spring 2023	Applications will be assessed against the published criteria. We may ask for additional information during this period. Interviews then start. Groups with the strongest applications will be invited to interview.
Summer 2023	We will announce the successful application. The successful applicant will enter the pre-opening phase.
September 2023	We are currently aiming to open this school in September 2026 .

Register your interest

To apply to open this free school, you must register your interest by emailing kingstonFS.applications@education.gov.uk by 5pm on 31 January 2023.

Your pre-registration email must include:

• the name of your proposer group
• what type of proposer group you are (for example, a multi-academy trust or a group of parents)
• the lead applicant’s name
• the lead applicant’s address
• the lead applicant’s email address
• the lead applicant’s telephone number
• any possible interim uses you have for the building ahead of the school opening

Support for potential applicants

We recommend that ahead of applying to open this primary free school you consider speaking to:

• your regional director’s office – where possible, existing trusts should raise their expansion plans, including plans to apply for this school, with their regional director’s office as part of any planned discussions about performance and capacity
• Create: Schools who can provide advice on developing your application and put you in contact with other groups that have been successful in previous waves

Setting up an academy trust

We welcome applications from new providers and will continue to consider bids for high-quality free schools to open initially as standalone trusts, to support innovation. If your school opens as a single academy trust, we will expect the trust to grow and become a multi-academy trust over time, so you can share your capacity across the system and unlock the additional benefits of operating at an increased scale. The schools white paper provides more information on our expectations for trust growth.

If you are not currently established as an academy trust, then you must establish as one before submitting your application, using the model articles of association relevant to the type of school you are proposing.

More information about setting up an academy trust is available in annex A. Additional guidance is available from Create: Schools.

Completing your application

You must use the application form provided, which we will send you once you complete the mandatory pre-registration. Your application will not be considered if you do not use the provided application. It also may not be considered if you exceed the word limits set out in the assessment criteria.

You must make it clear if you have sourced any material from another school or education provider and show how this is relevant to your proposed school. We may reject your application if you fail to do so.

We are looking to open a school that will meet the needs of the community it is serving and will be popular with parents and pupils. Your application will be stronger if you show awareness of the needs of the local community and engage them when developing your proposals. This includes parents of prospective pupils, where possible, and existing schools.

Checks are conducted on all applicants. This means we will use the personal information you provide to check your suitability to set up a free school. More information about how we will use your personal information is available in annex D.

Submitting your application

Submit your application to kingstonFS.applications@education.gov.uk by 5pm on 20 March 2023.

Your application will include:

• your completed application form, covering sections C to F
• the spreadsheet for sections A and B
• for some applicants, a completed financial template as part of section F
• a suitability and declarations form for each individual member and trustee of the academy trust, regardless of whether they have previously submitted this form – see annex A for more information
• a completed CV template for all named individuals from table E in section E2 of the application form, and your preferred candidate for principal designate, if you have one

Title your email as follows: Mainstream Free School application_KINGSTON [Insert name of your group]. Your email should not exceed 9 megabytes. Anything larger will not be delivered. If the application is larger than 9 megabytes, split the documents and send multiple emails clearly indicating that the emails are connected – for example, ‘email 1 of 3’.

The application form and spreadsheet for sections A and G must be saved in an open document format. We will reject applications sent as PDFs. You can submit annexes as PDFs.

If your application is successful, we may publish it. See annex D for more information.

Assessment of your application

We will assess your application against the assessment criteria.

If your application is incomplete or judged to be weak in any criteria, it may not be assessed in full.

If your application meets the criteria and is assessed as one of the strongest, we will invite your group to interview. Interviews will be tailored to the:

• assessed strengths and weaknesses of the application
• information that we already hold about your group
• local context in which the school will operate and your understanding of the state school system

We will only change the date of your interview in exceptional circumstances.

Decisions on applications

We will only approve one application.

If we do not get any applications that meet the application criteria, we will re-run the competition.

Decisions on applications are taken by the Secretary of State. The decisions are final and there is no appeals process. Scoring of applications will not be shared with applicants or other external groups. You will receive feedback if your application is assessed in full but not successful.

Approval of your application does not mean approval of every detail. We may make approval conditional on requirements relating to areas such as your:

• financial plans
• budget
• preferred principal designate

If your application is successful

If your application is successful, you will be invited to move to the pre-opening phase. In this phase, you will need to turn your application into a school ready for opening. We are currently aiming to open this school in September 2026.

Trusts that move into the pre-opening phase will receive a project development grant to cover essential non-capital costs up to the point at which the school opens. This grant must not be used retrospectively to cover any costs incurred in preparing the free school application and getting the school approved into pre-opening. The amount of the grant will vary depending on the type of school the trust is opening and the number of schools the trust is opening in an academic year.

Your school may be delayed or even cancelled in pre-opening for a range of reasons, including:

• the costs of the project no longer represent good value for money
• we assess that there is no longer a sufficient need to justify the school
• we have concerns about the standard of education that would be provided

You can find out more about the pre-opening phase and project development grant in the free school pre-opening guide.

Funding agreement and opening your school

The final decision to open any free school requires the Secretary of State to enter into a legal contract with the academy trust – the funding agreement.

A funding agreement will only be signed if the Secretary of State is satisfied that the school will deliver a good standard of education, with a viable and sustainable number of pupils from its first day of operation.

Assessment criteria

Applicants must complete all application criteria unless stated in this guidance.

The information that you need to provide may vary depending on your experience and background.

Section A – applicant details and the outline of your school

All applicant groups must complete this section in full. There are no assessment criteria for this section.

In this section, you must provide basic information about your applicant group and your academy trust.

Section B – outline of your school

In this section, you must describe the key characteristics of the free school you are proposing.

This school will be a mainstream primary school. It will have 420 places at full capacity.

You should include:

• whether your school will have a religious designation or ethos – use the information in annex C to identify the appropriate categorisation for your school
• any distinctive pedagogy or educational philosophy
• proposed use of freedoms, such as operating a non-standard school day or year

Section C – vision

In this section, you should set out a compelling and achievable vision for your school that will be attractive to parents and pupils, raise standards and support improvement in the wider school system. Your vision should be evidence-based and consistent with the rest of your application, which should clearly show the plan for implementing this vision.

All applicant groups should complete this section in full.

Your application should include:

• your assessment of the educational and wider needs of the pupils in Kingston upon Thames, including the specific needs of your target cohort – you can refer to your evidence on pupils’ needs provided in section D
• how your school will meet the needs of this cohort and enable them to meet their potential
• how your school will support wider improvement in the school system – this should include the planned growth strategy for your trust and any other planned activity to support school improvement, such as collaborations with other local schools

Your growth strategy should include:

• the number of schools you plan to have in total
• your planned geographical spread and timescales
• a summary of any discussions you have had with the relevant regional directors’ teams

In setting out your vision, your application should include:

• the key features of your school, including, any specialisms or distinctive pedagogies, or plans for a religious designation or ethos
• how your vision responds to the needs of the local community – this should include information about the choice of schools already available locally in terms of their:
  • intake
  • ethos
  • size
  • curriculum
  • pedagogical focus
• the contribution your school will make to achieving the government’s policy aims set out in the schools white paper, such as:
  • providing access to world-class training and professional development
  • giving teachers the expertise and support needed to deliver great teaching
  • developing a sustainable work-life balance to support the wellbeing of all staff
  • ensuring that all children will be taught a broad, ambitious, knowledge-rich curriculum
  • making sure all children will have access to high-quality extra-curricular provision
  • providing targeted support for every child that needs it, through high-quality classroom teaching and evidence-based targeted support, including tutoring

You do not need to provide details of your intended enrichment programme at this stage unless it is crucial to achieving your vision. If that is the case, you should mention it in this section and provide more details in section D. Any extra-curricular plans must be affordable within your financial plans.

Your response to section C should be no more than 2,000 words.

Section D – education plan

In this section, you need to set out the plan to deliver your educational vision. We are looking for an ambitious and deliverable education plan that is consistent with your vision and pupil intake.

Your education plan must be affordable, sustainable and consistent with your financial plans. Any areas of your education plan that would be supported by third-party funding must be clearly identified in your application and mitigations set out for any reductions in this funding. We will assess the basis of any third-party funding provided in section F to ensure that it is sustainable.

When preparing your education plan, you must consider the information set out in annex A and annex B, which cover the requirements on free schools and applicant groups.

Section D of the application form has 2 parts, which must be completed in full by all applicants.

Part 1

You must complete table D showing how your school will grow over time to full capacity and attach it separately to the application form.

If you are required to complete the financial template, then the pupil numbers included in this table must be consistent.

Part 2

You must provide the information relevant to each criterion:

• D1 – curriculum plan
• D2 – measuring pupil performance and setting challenging expectations
• D3 – staffing
• D4 – integration and community cohesion

D1 – curriculum plan

You should set out an ambitious, affordable and deliverable curriculum plan, which is consistent with your vision, pupil intake and financial plan.

You should provide an evidence-based rationale for your proposed approach, supported by references to published data and research.

All applicant groups should complete the tables referred to in this section. Your application should include:

• a list of subjects to be offered for each key stage of the intended school, including early years foundation stage (EYFS) where applicable, with the number of hours spent per week on each – you do not need to provide sample timetables
• the length of the school day, including any enrichment time, making a distinction between compulsory and voluntary activities – this should reflect the aim within the schools white paper for a richer, longer average school week, which makes the most effective use of time in school and ensures children enjoy a rounded education

If you do not currently run an open state-funded school of the same phase as the school that you are proposing, your application should include:

• your understanding of your expected pupil intake and their needs including:
  • pupils with differing degrees of special educational needs and disabilities (SEND), including pupils who would attend any SEN unit or resourced provision that you are proposing
  • looked-after children
  • pupils requiring literacy and numeracy intervention, including those with English as an additional language (EAL) who are at the early stages of learning English
  • pupils from disadvantaged backgrounds, including those that attract the pupil premium
• the curriculum that you are proposing and the evidence underpinning it – if your school will provide pre-16 education and you are not planning to teach the national curriculum in full, explain:
  • how your proposed curriculum would be different
  • your rationale for the differences
  • how the curriculum will be broad and balanced – see annex C for more information
• your approach to teaching and learning – specifically, how this will ensure the curriculum is delivered in an effective manner that meets the needs of your expected intake
• any extra-curricular or enrichment activity that you will offer outside of your core curriculum and is essential to achieving your vision, the basis on which it will be provided and the intended outcomes for your pupils
• how your proposed curriculum and extra-curricular activities will be deliverable and affordable – if relevant, you should show how you intend to use resources from an existing school, college or university to contribute to the delivery of the curriculum or improve teaching capability
• how behaviour and attendance in your school will be managed effectively
• how the school will support pupils’ personal development
• how the school will ensure a strong culture of safeguarding
• the strategies you will put in place to support pupils to be successful when they join and leave the school

If you already have at least one open state-funded primary school, your application should include:

• details of the pupil intake at your existing school and any differences with the expected intake at the new school including:
  • pupils with differing degrees of SEND, including pupils who would attend any SEN unit or resourced provision that you are proposing
  • looked-after children
  • pupils requiring literacy and numeracy intervention, including those with EAL who are at the early stages of learning English
  • pupils from disadvantaged backgrounds, including those that attract the pupil premium
• an evidence-based rationale for any changes to the approach you will take in your new school, including to the curriculum, approach to teaching and learning, extra-curricular offer or behaviour management – if you do not plan to make any changes, you should set out your rationale for how this will be sufficient to meet the needs of your new school cohort
• how any changes you propose to make will be deliverable – if relevant, you should show how you intend to use resources from an existing schools to contribute to the delivery of the curriculum and improve teaching capability

If you have multiple strong schools of the same phase and type as the new school you are proposing, you can compare the intake of the new school with one of your existing schools or the whole cohort of your trust.

We will assess the quality of your plans based on a combination of your track record and the evidence you provide against the criteria.

Your response to section D1 should be no more than 3,000 words, not including the required tables.

D2 – measuring pupil performance effectively and setting challenging expectations

Your plans should be evidence-based and ensure ambitious and realistic expectations for the performance, behaviour and attendance of all pupils, underpinned by a proportionate and effective system of assessment.

Your response should set out how you will ensure your new school will meet the:

• expectations on assessment in the relevant Ofsted inspection handbook – see annex C for more information
• recommendations in making data work on using assessment effectively and avoiding unnecessary burdens for staff or learners

If you do not currently run an open state-funded primary school, your application should include:

• how attainment and progression will be measured as part of a proportionate assessment system for improving pupil performance
• how you will use appropriate data to inform teaching and improve progression and attainment for all pupils, including how you will set explicit, ambitious and realistic expectations for pupil performance behaviour and attendance
• how you will review success measures and expectations regularly to improve your school’s performance, including how you will evaluate whether your approaches for disadvantaged pupils are working and how you will benchmark assessment data with other relevant schools
• how you will measure and improve the quality of teaching in the classroom
• how you will involve parents and report progress to them

If you currently run an independent school, you must set out any differences in how you will measure pupil performance and set challenging expectations.

If you already have at least one open state-funded primary school, your application should include:

• any changes to the way in which you will measure pupil performance and set challenging expectations for pupil performance, behaviour and attendance – if you do not plan to make any changes you should set out how your existing approach will meet the needs of your new school cohort
• how your systems for measuring pupils’ performance help to raise attainment and improve progress for disadvantaged pupils

If you compared your proposals with a single school in section D1, use the same school for comparison. If you compared to the whole cohort of your trust, then do the same here.

We will assess the quality of your plans based on a combination of your track record and the evidence that you give against the criteria.

Your response to section D2 should be no more than 2,000 words.

D3 – staffing

You need to demonstrate a strong understanding of teacher recruitment and retention issues and show how you will ensure that you have the appropriate staff to deliver your curriculum effectively. This should include concrete plans to manage and develop the workforce successfully, including ensuring that workloads are sustainable.

You must ensure that your staffing structure:

• matches your proposed curriculum
• complies with the statutory responsibilities of a state school, including on SEND and child protection
• includes an appropriate balance of roles, experience and expertise across the senior leadership team, middle managers, special educational needs co-ordinator (SENCO), subject leaders, teachers and support staff
• will meet the requirements to achieve an Ofsted judgement of good or outstanding
• can be delivered within your expected income

Staff recruitment and retention

Your application should include:

• your strategy for recruiting high-quality staff, demonstrating how you will mitigate any challenges that you have identified relevant to the local, regional or national context, including any potential impact on existing local providers
• your strategy for staff retention including:
  • how you will support the continuous professional development of your workforce
  • your approach to flexible working
  • your proposals for managing teacher workload and wellbeing so that it is sustainable as the school expands, including your plans to meet the recommendations of the independent review group reports on eliminating unnecessary workload in marking, planning and resources and data management

You may wish to refer to:

• school workforce in England statistics
• the teacher recruitment and retention strategy
• making data work
• the education staff wellbeing charter
• the school workload reduction toolkit
• flexible working in schools

How your staffing structure will support growth and change

Your application should include:

• an affordable staffing structure and sensible phasing plans that will deliver a suitable curriculum at each stage as the school grows to capacity – you should attach as an annex an organogram showing the proposed staffing structure and lines of accountability for leadership, teaching and support staff each year until the school is at full capacity.
• how you will regularly review key financial health and efficiency metrics in planning your staffing and timetabling to deliver an affordable curriculum – including teacher contact ratio, average class size and average teacher cost
• credible contingency plans showing how you will adapt your approach to deliver your vision and education plan if your income is less than expected – for example, if pupil recruitment is below your forecast

If you do not currently run an open state-funded primary school, you must demonstrate that, at full capacity, your staffing structure is sufficient to deliver the curriculum plan, consistent with the information provided in the financial template.

If you already have at least one open state-funded primary school, you must include plans to tailor your staffing structure to respond to the needs of your target cohort.

If you have any existing schools, either state-funded or independent, you must set out if you intend to use any of your existing staff in this school and how this will work in practice.

If you are intending to work with a partner organisation, you must set out how and to what extent you intend to use resources from your partner organisation to deliver your education plan.

Your response to section D3 should be no more than 2,000 words.

D4 – integration and community cohesion

Your application must demonstrate how your school will:

• promote integration and community cohesion, with a view to ensuring all children and young people can participate fully in life in modern Britain
• be welcoming to pupils from all communities, backgrounds and religions or beliefs, including pupils of no religious belief, and not have policies that disadvantage these groups of pupils

For all applications, you should set out how your proposed school will, in line with the requirements of the Equality Act 2010:

• attract pupils from different communities, backgrounds, religions or beliefs, including pupils of no religious belief – this should reference your approach to admissions
• ensure that all pupils feel welcome at the school and can play a full and active role – where relevant, this should include reference to policies that could impact pupils of different religions and beliefs, such as:
  • the religious education curriculum and the arrangements for collective worship, including the proportion of time devoted to faith-related studies
  • the alternatives to religious education and collective worship if parents choose to withdraw pupils from these areas
  • any planned separation of pupils, including for religious education or when they are eating
  • the proportion of lessons taught in community languages
  • the school’s uniform policy, including in relation to the wearing of religious symbols, and how this will avoid disadvantaging different groups
  • how the school meals policy will cater for different dietary requirements
• encourage and support all pupils to respect and learn about each other’s customs, beliefs and ideas
• actively promote the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, see annex C for more information
• prepare children for life in modern Britain, including equipping them with the skills, values, attitudes and knowledge to become active citizens in wider society and play a positive role in shaping cohesive and integrated communities, which should include reference to:
  • the teaching of spiritual, moral, social and cultural (SMSC) development – you may want to consider the guidance on promoting fundamental British values through SMSC
  • the teaching of personal, social, health and economic education (PSHE)
  • programmes or activities aimed at helping pupils value differences and contribute to their communities as active citizens
  • how the school will adhere to its prevent duty
  • appropriate policies on safeguarding and promoting the welfare of children
• comply with its duties on political impartiality, see annex C for more information

Applying to open a school designated with a religious character

Schools that are designated as having a religious character have specific freedoms over how they deliver religious education, appoint staff and their admissions. We welcome applications for schools with a religious character where there is a demographic need for the school and demand for the places they will create. More information on schools with a religious designation is available in annex C.

If your application is for a school designated with a religious character you should include:

• a brief explanation of how the school’s religious character will be reflected in the curriculum – including the proportion of the school’s timetable devoted to religious education and other subjects that include some faith-based teachings or use faith-based materials and the time devoted to worship, reflection time and prayer
• how the criteria for staff appointments to the school will support inclusivity

Free schools with a religious designation have specific requirements in their funding agreement in relation to integration and community cohesion. There are a range of ways in which free schools with a religious designation can evidence their commitment to integration and community cohesion. You may want to consider:

• having a diverse trust board, including one or more directors or trustees of another or no faith
• evidence of plans to work with local community groups, faith bodies and schools without a religious character or a different religious character to support community cohesion and integration
• setting up a mixed-faith multi-academy trust (MAT) with schools of different faiths or no faith so that pupils can mix with peers from different religious and ethnic backgrounds

We will consider the potential impact on integration and community cohesion and the intake of neighbouring schools before a new school is approved. We may speak to representatives of relevant faith denominations about the faith elements of your application. We will not approve any free school application where we assess it to be likely that:

• the school would not be inclusive of pupils of different religions or beliefs, including those without a religious belief, who might otherwise attend the school
• the school would teach creationism as a valid scientific theory or fail to teach evolution adequately as part of their science curriculum
• any member of the applicant group holds extremist beliefs, as defined in the prevent duty guidance

Your response to section D4 should be no more than 1,500 words. If you are proposing a free school with a religious designation, your response to section D4 should be no more than 2,000 words.

Section E – capacity and capability

In this section, you must demonstrate the capacity and capability to deliver a financially viable school that will provide a high-quality and inclusive education within a strong trust.

You will need to demonstrate that you have the necessary experience and credentials within your group to deliver the school to opening and an effective governance structure. If you already run an open school, you will all also need to demonstrate a strong educational track record.

The schools white paper defines trust strength against the following 5 areas:

• high-quality and inclusive education
• transformative school improvement
• effective and robust strategic governance
• strong financial management
• train, recruit, develop and deploy workforce effectively

If you run an existing trust, we will use the information in your application alongside the information we already hold to assess the strength of your trust, taking into account the length of time your trust has been established.

If you will be establishing a new trust, we will assess your capacity and capability to establish a strong trust.

If your application does not meet the criteria for demonstrating capacity and capability, then we may not assess the rest of your application and it may be rejected.

Section E1 – a strong educational track record

This section is only relevant if you currently run or lead schools. Other applicants will not be scored for this section.

All groups who currently run or lead schools will need to have a strong educational track record to be approved to open a free school. This generally means:

• any existing schools that you run have a ‘good’ or ‘outstanding’ judgement from Ofsted or another appropriate inspectorate for independent schools
• there are no significant outstanding issues on compliance in your most recent inspection report, where appropriate, and any additional inspections requested result in standards being met
• headline accountability measures for all pupils and for disadvantaged pupils are above local authority and national averages

We will assess whether you have a strong educational track record by using the information we hold, along with publicly available data about the schools in your trust. This includes schools that you have recently taken over or opened.

You are not required to provide any information for section E1. However, if there is a specific reason why a school that you run does not meet the definition of having a strong educational track record, you should provide additional information that will help us to understand the reasons for this and the actions in place to improve performance.

We will need to be satisfied that you have sufficient capacity to improve your existing schools alongside opening a new free school. If there is underperformance in your open schools, we are likely to recommend that you focus on raising standards in those schools, rather than opening a new free school.

We will take into account the impact of the coronavirus (COVID-19) pandemic when assessing your educational track record. You can provide any specific information on the impact of COVID-19 on the educational performance of your schools.

If you are providing information for section E1, your response should be no more than 500 words.

Section E2 – the necessary experience and credentials to deliver your school to opening

In this section, we will assess whether you have access to appropriate educational, financial and other expertise to ensure your school will open successfully. Your application will be rated more highly if:

• your core applicant group includes individuals with appropriate education and finance expertise
• you already have individuals in your core applicant group who would make strong trustees once the school is open, or who are currently strong trustees or governors at an existing school
• you show a clear understanding of the skills and capacity required to run a successful school and have secured sufficient and realistic time commitments from each individual

You will be assessed on the quality of your plans to fill the gaps identified, including the relevant experience and track record of any individuals you have identified to fill these gaps.

We will refer to the growth plans for your trust set out in section C, along with the performance of any schools that individuals are associated with to assess whether you have the required capability and capacity to open a successful new free school in your proposed location.

In section E2, you must:

• complete table E with information about each individual who is part of your core applicant group, including:
  • all members and trustees of your academy trust
  • members of the executive team
  • the lead person from any partner organisation on which your application depends
  • any other members of the pre-opening team
  • anyone else providing a relevant contribution
• demonstrate that you have access to individuals with expertise in state education and finance
• demonstrate that you have access to people with expertise in as many of the following areas as possible, who can make sufficient time commitments to establishing your school:
  • leadership
  • project management
  • marketing
  • human resources
  • safeguarding
  • health and safety
• conduct a skills gap analysis of proposed trust members who will make up the pre-opening group, including your existing governors or trustees if you already run a school, and complete table E1 setting out how your plans to fill any gaps
• set out your plans and timeline for recruiting a principal designate and executive head, if you intend to have one, in box E2b
• use the supplied template to provide the CVs of:
  • any individuals named in table E
  • your preferred candidate for principal designate, if you have one

If you are applying to establish a school with a religious designation, you should consider how you can establish your capacity in a way that supports integration within your school – for example, by including directors or trustees who are not of the same faith as the school designation.

If you are proposing a school with a specialism, you should identify individuals in your applicant group with the relevant experience and expertise to support the development and delivery of these parts of your school.

Your response to section E2 should be no more than 2,000 words. This does not include the CV templates.

Section E3 – an effective governance structure

When completing this section you may want to refer to the Academy Trust Handbook and the governance handbook, which outlines the features of effective governance that you should consider when formulating your governance arrangements.

If you are not currently operating as a MAT, your application should include:

• a scheme of delegation showing your proposed governance structure, including lines of accountability between the members, trustees, any local governing bodies or committees and the school’s senior leadership team – if you want to provide a diagram of your trust’s proposed governance structure, then you should submit it as an annex to the application form
• the roles and responsibilities of the trust’s members, the trustees, the executive team, any proposed committees and the principal

If you are a local-authority-maintained school or a group of maintained schools you should describe how your governance will work once you have established your academy trust.

If you are a trust who is currently a MAT, we will look at the effectiveness of your existing governance. Your application should include:

• how the new school will fit within the current structure of your MAT
• any changes you will make to your existing governance structure, roles and responsibilities, or schemes of delegation to ensure your trust continues to exercise strong accountability for your free school and your trust

We will consider the proposed size and structure of your board of trustees and whether it will facilitate effective decision-making.

Your response to section E3 should be no more than 1,500 words.

Section F – financial viability

You must demonstrate that your school will be financially sustainable. You must have robust and credible plans to attract good pupil numbers that take account of our minimum expected sizes for new free schools.

Your trust should implement effective resource planning to ensure every pound is used efficiently to improve children’s education standards and have maximum impact on the pupils and the school.

Schools that do this well tend to:

• base their financial planning on delivering educational outcomes, rather than as a separate bolt-on consideration
• have a strategic financial plan for the next 3 to 5 years
• deploy their staff effectively and efficiently, linked to their long-term plan
• have financially skilled governors and headteachers
• have skilled staff responsible for managing finances
• have transparent financial systems and processes that encourage constructive challenge within and between schools

In developing your plans, you should:

• read the overview of free school funding in the free school pre-opening guide
• view the financial template, together with guidance on how to complete it
• access the guidance and tools on efficiency and financial health created to help schools and trusts get the best value from all their resources
• complete the school resource management top 10 planning checks for governors

Your school must not be dependent on borrowing to deliver a viable school and break even in any year.

Where third-party funding is provided, you should state clearly what it will fund and the impact on your school and its education model if that funding stopped. We may request additional information about third-party funding if it forms part of your financial plan. You may provide other evidence of third-party funding, such as letters, as annexes if you think this would support your application.

Even if you are an experienced education provider, the financial template can help us assess your understanding of managing a state school’s finances and the financial challenges associated with opening a new school.

If you have not previously opened a free school, or have not previously opened a free school of the same phase and type before September 2020, you must complete the financial template.

If you currently run any open state-funded schools, or if you are an independent school applying to open a new free school

We will consider the financial health of your trust or business as part of our overall assessment.

We may ask you to resubmit your financial plans ahead of an interview if we are unclear about any aspect of this section of your application.

If you have opened a free school of the same type and phase before September 2020

We will use the information we already hold about the financial situation of your schools, including pupil recruitment numbers. You do not need to provide additional information unless there is something specific that you believe will help us to understand the financial health of your trust.

You do not need to complete the financial template at this stage. If you are invited to interview, we may ask you to provide further financial information, including the template, particularly if your existing school or the one you are proposing is small.

If you have not opened a free school of the same type and phase before 2020

You must:

• complete the financial template showing income and planned expenditure and the assumptions made about each line in the space provided, explaining clearly what your assumptions are based on and the evidence that demonstrates that your assumptions are realistic and appropriate
• make sure that the information in your plan is consistent with the other parts of your application – for example, the curriculum offer, staffing structure and pupil numbers in the education plan should agree with the financial plan
• show that you have allowed for unforeseen problems and contingencies
• not show a cumulative deficit in any year – any in-year deficits must be planned for by accumulating a surplus in previous years

We will assess the quality of your financial plan by the extent to which it is reasonable, represents good value for money and is prudent. We will consider:

• core operating income and expenditure assumptions – it is vital that these are included in the plan
• benchmarking information for income and expenditure, including for nursery provision, where applicable – these should also be entered in the assumptions and rationale column
• any centrally provided services and their costs
• the proportion of spend allocated to each budget area, and particularly to staffing
• staff to pupil ratios
• the context of the local area, such as the percentage of pupils requiring free school meals and pupils with special educational needs
• whether the funding will be sufficient to deliver the school’s particular education offer – for example, specialist teachers or equipment

Any additional information in section F should be no more than 1,000 words.

Annex A: checks on applicants

The Secretary of State for Education will only allow suitable persons to establish publicly funded free schools.

Applicants must abide by the 7 principles of public life which set out the standards of behaviour we expect.

We will undertake due diligence checks on proposers as part of the selection process, including social media and internet searches. We may also ask you questions during the interview about the 7 principles of public life. The Secretary of State may reject applications where the previous conduct of individuals associated with the trust does not comply with these 7 principles.

The Secretary of State will reject applications put forward by organisations that advocate violence, extremism or other illegal activities.

We will also complete credit checks on individuals to ensure the suitability of proposers to set up and run free schools. We will share personal information provided as part of the application process with third parties for the purpose of these checks.

You must complete a suitability and declarations form for each individual member and trustee of the academy trust regardless of whether they have previously submitted this form. If the director of finance, chair or CEO is not a member or trustee, we also require completed suitability and declarations forms from them.

If you are applying for more than one school, but the individuals involved in establishing the schools are the same, you only need to send the forms once, stating which schools they apply to in your form.

Email scanned copies of your signed suitability and declarations forms with a passport-sized photograph attached to each applicant’s form to due.diligence@education.gov.uk. The email should include the names of your proposed schools and state the application reference number in the email subject title.

If you are successful at the assessment stage, the chair of trustees must apply for an enhanced Disclosure and Barring Service (DBS) certificate via DfE during the pre-opening phase. The Secretary of State will countersign the DBS certificate.

All other members and trustees must obtain an enhanced DBS certificate. The chair of trustees is responsible for ensuring that all members and trustees have an enhanced DBS certificate that was issued within the past 2 years.

Annex B: technical and legal considerations for proposer groups

Setting up an academy trust

Each free school is run by an academy trust formed specifically to establish and run one or more schools. The academy trust is the body that submits the application to open the free school and with which the Secretary of State enters into a funding agreement.

If you are a new proposer and need to establish an academy trust, you must do so before you apply using the model articles of association. Information on how to set up a company is available from Companies House. Additional guidance is available from Create: Schools.

If you currently lead one or more maintained schools, we expect your existing maintained school or schools to convert to academy status. You must form a MAT that will incorporate both the new free school and your existing schools. You do not need to convert to academy status before applying, but we expect your application to set out your plans for how you will do this if your application is successful.

Third parties

You may appoint a third party, through an open and competitive tender process, to support you in developing your application. However, you must not enter into any contracts with the expectation of public funds.

If any individuals or organisations that are not part of your trust have assisted you in writing your application, you should explain how you will secure further resources to address any gaps in capacity or capability during the pre-opening phase.

Public sector equality duty

All free schools are subject to the public sector equality duty, which forms part of the Equality Act 2010. This duty requires your trustees, both in planning and running your school, to have regard for the need to eliminate discrimination, harassment and victimisation, advance equality of opportunity and develop good relations between communities.

We will look for evidence that you have considered these responsibilities in your application. You should consult the guidance for schools on the Equality Act.

Annex C: requirements for free schools

As free schools are legally academies, they have more freedom and control over certain things than maintained schools. There are some requirements and obligations that all free schools must follow once open.

See the pre-opening guidance for more information.

Safeguarding

Schools and their staff form part of the wider safeguarding system for children. Safeguarding and promoting the welfare of children is everyone’s responsibility. School staff are particularly important, as they are in a position to identify concerns early and provide help for children to prevent concerns from escalating.

It is vitally important that as an academy trust you fully understand your responsibilities for safeguarding the children in your care. You should read:

• keeping children safe in education
• working together to safeguard children
• what to do if you’re worried a child is being abused: advice for practitioners

When a school opens, we would expect it to be meeting the requirements set out in keeping children safe in education.

Admissions

Free schools must adopt fair admission practices and arrangements that comply with the:

• school admissions code
• school admission appeals code
• law on admissions as it applies to maintained schools

Admissions policies for standalone 16 to 19 schools are not subject to the school admissions code but must be fair, objective and transparent.

You must draft your initial admission policies using the relevant template. Refer to the guidance on free school admissions to check your admissions policy complies with our requirements.

Curriculum requirements for primary, secondary and early years

All schools teaching primary or secondary pupils must teach English, maths, science and religious education within a broad and balanced pre-16 curriculum. Primary schools should consider how they will support progression to secondary school, making sure that all pupils have the knowledge and skills that they will need to succeed there.

All schools must teach a curriculum that promotes pupils’ spiritual, moral, cultural, mental and physical development and prepares them for the opportunities, responsibilities and experiences of adult life.

All pre-16 schools must teach religious education. If your school also has 16 to 19 places, such as a sixth form, then you must also provide religious education for these students. This requirement does not apply to standalone 16 to 19 schools. If your school is not designated as a school with religious character, the religious education curriculum must reflect that the religious traditions in Great Britain are, in the main, Christian, while taking account of the teaching and practices of other principal religions in the country. Parents have the right to withdraw their children from religious education and schools must comply with their request.

Early years provision, including reception classes, must deliver the early years foundation stage (EYFS) statutory framework and programmes of study.

Fundamental British values

All free schools must meet the spiritual, moral social and cultural (SMSC) standard that is set out in Part 2 of Schedule 1 to the Education (Independent School Standards) (England) Regulations 2010, as amended.

See the guidance on promoting fundamental British values as part of pupils’ SMSC development for more information.

Political impartiality

All free schools must remain politically impartial. Schools must not promote partisan political views and should ensure the balanced treatment of political issues.

See the guidance on political impartiality in schools for more information.

Performance and accountability

All state-funded schools, including free schools, are held to account against the same performance measures. You should consider the accountability measures that would apply to your school.

All schools must collect performance data and publish results. Details about what will be published in the performance tables can be found in the statements of intent.

All state-funded schools, including 16 to 19 free schools, are inspected under the common inspection framework: education, skills and early years. Pre-16 free schools are inspected under the Ofsted schools handbook and 16 to 19 free schools are inspected under the further education and skills inspection handbook.

Pupils with special educational needs or disability

All mainstream schools admit children with SEND, including those with education, health and care (EHC) plans.

All free schools must have regard to the SEND code of practice, including using their best endeavours to make sure that a child with special educational needs (SEN) gets the support they need. This means doing everything they can to meet children and young people’s SEN.

All primary, secondary and all-through free schools must employ a special educational needs co-ordinator (SENCO) who is a qualified teacher. If that individual has not held a SENCO role for a total period of more than 12 months prior to 1 September 2009, they must have the national award for SEN co-ordination or be working towards it.

There must be a named person in 16 to 19 free schools with oversight of SEN provision to ensure co-ordination of support, similar to the role of a SENCO.

All mainstream schools must admit a child where the school is named in a child’s EHC plan.

Schools cannot unlawfully discriminate against pupils because of their sex, race, disability, religion or belief or sexual orientation. You will be expected to demonstrate an understanding of the implication of this requirement, and how your school will make reasonable adjustments for pupils with disabilities.

Schools with a religious designation

If you want particular religious beliefs to be reflected in your curriculum, staffing and admissions policies you must seek a religious designation for your school. This is a legal recognition that your school will have a religious character.

New free schools designated with a religious character are able to:

• admit up to 50% of pupils by reference to faith, if your school is oversubscribed
• appoint teachers by reference to faith
• provide religious education and collective worship according to the tenets of the faith of the school

Free schools with a religious designation that have a nursery can reflect their religious outlook within the life of the nursery – for example, celebrating religious festivals or using activities based on religious texts. These schools are not permitted to apply any faith criteria for admissions to nursery places. The nursery must abide by the same requirements in the funding agreement and regulations that apply to the rest of the school. These requirements include providing a broad and balanced curriculum and actively promoting fundamental British values.

Schools registered with a religious ethos

If you want your school to reflect a distinct ethos aligned with a particular religion, you can register that your school has a religious ethos. The ethos could then be reflected within the vision for the school, the values the school represents and the importance placed on particular beliefs.

Schools with a religious ethos do not have the same freedoms as schools with a religious designation. If your school has a religious ethos, then it can make adherence to a faith a genuine occupational requirement when hiring senior leaders such as the principal or head of religious education.

Schools with a religious ethos can also apply for exemption from the requirement to provide broadly Christian collective worship. This may be where the belief of the majority of its pupils or the local community is such that another faith would be more appropriate.

Annex D: how we use your personal data

DfE is the data controller for personal information collected on the:

• Word and Excel application forms
• suitability and declarations form
• any additional information supplied in annexes

We are responsible for ensuring that this information is processed in accordance with the requirements of data protection legislation. Any third parties processing personal information on behalf of DfE will be acting as its data processors.

How we will use your information

Personal data is collected so that we can consider the application to set up a free school.

The nature of your personal data we will be using

The categories of your personal data that we will be using for this project are:

• names
• date of birth
• current and previous positions and job titles
• companies and organisations
• contact details (work postal address, email address and phone number)

We may also process special category data if declared under section 5 of the suitability and declarations form or when undertaking due diligence checks on applicants. This may include information relating to:

• character declarations, including details of unspent convictions, motoring offences, police cautions, insolvency and bankruptcy
• health declarations
• any orders made against you in relation to working with vulnerable individuals
• addresses for the past 5 years
• passport details
• driving licence details

Why our use of your personal data is lawful

For the purpose of this project, the relevant conditions we are meeting are:

• Article 6 (1)(e) of the General Data Protection Regulations (GDPR)
• Article 9 (2)(g) GDPR

Our processing of personal and special category data is necessary for reasons of substantial public interest for the exercise of our functions as a government department.

Publication

We will publish a full list of the applications we receive. This will include the proposed school’s name, local authority, type of school, phase and faith ethos or designation.

If your application to set up a new school is successful, we may also publish the full application. The following information will be redacted from the application and will not be visible to the public:

• private addresses
• private email addresses
• private telephone numbers
• commercially sensitive information
• specific site locations
• CVs

Any individuals or organisations that you have named in your application that their information will be processed by DfE during the assessment stage.

Who we will make your personal data available to

We sometimes need to make personal data available to other organisations. These might include contracted partners (who we have employed to process your personal data on our behalf) or other organisations (with whom we need to share your personal data for specific purposes).

Where we need to share your personal data with others, we ensure that this data sharing complies with data protection legislation. For the purpose of this project:

• education advisers and independent panel members will be viewing your personal data as part of the decision-making process
• we will share personal data with advisory board members as part of the decision-making process
• we will share your personal information with third parties for the purpose of conducting checks on your suitability to run a free school

How long we will keep your personal data

We will only keep your personal data for as long as we need it for the purpose of this piece of work, after which point it will be securely destroyed. We estimate that we will keep your personal data for no longer than 10 years.

Under data protection legislation, and in compliance with the relevant data processing conditions, we can lawfully keep personal data processed purely for research and statistical purposes indefinitely.

Your data protection rights

Under certain circumstances, you have the right to:

• ask us for access to information about you that we hold
• have your personal data rectified, if it is inaccurate or incomplete
• request the deletion or removal of personal data where there is no compelling reason for its continued processing
• restrict our processing of your personal data (such as permitting its storage but no further processing)
• object to direct marketing (including profiling) and processing for the purposes of scientific or historical research and statistics
• not be subject to decisions based purely on automated processing where it produces a legal or similarly significant effect on you

You have the right to raise any concerns with the Information Commissioner’s Office (ICO).

Contact

If you have any questions about how your personal information will be used, contact us and enter ‘free schools’ as the reference. For the Data Protection Officer (DPO), mark it for the attention of the ‘DPO’.