Education Act 2011 – all new schools to be academies/free schools

The Education Act 2011 received royal assent on 15 November 2011. When section 37 and Schedule 11 of the Act come into force they will, in practice, mean that no more maintained schools will be created by  local authorities.

Section 11 of the 2011 Act amends the Education and Inspections Act 2006 (which required local authorities to hold ‘competitions’ where they considered a new school was needed in their area to decide on the type of school) so that ‘If a local authority in England think a new school needs to be established in their area, they must seek proposals for the establishment of an Academy.’ That would, of course, allow for free schools, as they are simply (in overall legal terms at least) a type of academy.

Only if no proposals come forward (or if the Secretary of State gives consent) can the local authority then set up a new community, community special, foundation or foundation special school.

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