Guidance

Opening, closing and making changes to schools

Schools adjudicator decisions on opening, closing and making significant changes (prescribed alterations) to maintained schools.

Applies to England

Opening a school

The adjudicator decides on proposals to open a new school where the local authority:

  • is involved in the trust of a new foundation school
  • is the proposer of a new school under Section 10 of the Education and Inspections Act 2006 (EIA)
  • does not decide proposals for a new school within 2 months of the end of the representation period

It also makes decisions on proposals where:

  • the Diocesan Board of any Church of England Diocese or the bishop of any Roman Catholic church in the relevant area appeals the decision of a local authority
  • the proposers of a new school refer the decision of the local authority

Find out more from the statutory guidance on opening and closing maintained schools .

Closing a school

The adjudicator decides on proposals to close a school where:

  • the local authority does not decide proposals to close a school within 2 months of the end of the representation period
  • the Diocesan Board of any Church of England Diocese or the bishop of any Roman Catholic church in the relevant area appeals the decision of a local authority
  • the governing board or foundation of a voluntary or foundation school refer the decision of a local authority

Find out more from the statutory guidance on opening and closing maintained schools.

To make a referral, email the relevant documents as set out in the statutory guidance to: osa.team@schoolsadjudicator.gov.uk.

Significant changes to maintained schools

These changes include:

  • the enlargement of school premises
  • the numbers at a special school
  • age range
  • closing a site or transfer of a site
  • change of category
  • change from or to single sex
  • special needs provision
  • boarding

The adjudicator decides these proposals where:

  • the local authority does not decide proposals within 2 months of the end of the representation period
  • the proposal is related to a proposal which must be decided by the adjudicator
  • the Diocesan Board of any Church of England Diocese or the bishop of any Roman Catholic church in the relevant area appeal the decision of a local authority
  • the governing board or foundation of a voluntary or foundation school refer the decision of a local authority

Find out more from the statutory guidance on making significant changes (‘prescribed alterations’) to maintained schools.

To make a referral, email the relevant documents as set out in the statutory guidance to: osa.team@schoolsadjudicator.gov.uk.

Foundation proposals

Local authorities may refer a proposal for a foundation school to acquire a foundation trust or a foundation majority to the adjudicator if it considers the proposal to have a negative effect on the standards at the school. This must be done during the 4-week representation period.

To make a referral, email the relevant documents as set out in the statutory guidance to: osa.team@schoolsadjudicator.gov.uk.

Updates to this page

Published 16 August 2022

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