Opening a maintained school

The adjudicator decides on proposals to open a new school under section 10 of the Education and Inspections Act 2006 (‘the EIA 2006’) where the local authority:

• iswill involvedhave a role in the trustfoundation of a newproposed foundation school in one of the ways set out in paragraph 10(2) of Schedule 2 to the EIA 2006
• is the proposer of a new school under Sectionsection 10 of the EducationEIA and Inspections Act 2006 (EIA)
• does not decide proposals for a new school under section 10 of the EIA 2006 within 2 months of the end of the representation period

It also makes decisions on proposals where:

• the Diocesan Board of Education of any CChurch of EEngland Diocesediocese, or the bishop of any Roman Catholic churchdiocese, any part of which is comprised in the relevantlocal authority area appeals the decision of a local authority
• the proposers of a new school refer thea decision ofto reject proposals made by the local authority

Find out more from the statutory guidance on on opening and closing maintained schools .(before 1 September 2026) or opening new schools (after 1 September 2026).

Closing a maintained 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 Education of any CChurch of EEngland Diocesediocese or the bishop of any Roman Catholic churchdiocese any part of which is in the relevant area of the local authority appeals the decision of a local authority
• the governing board or foundationtrustees of a voluntary or foundation school refer the decision of a local authority

Find out more from the statutory guidance on on opening and closing maintained schools. (before 1 September 2026) or closing maintained schools (after 1 September 2026).

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 (expansion)
• thechanges numbersto atspecial schools and special education needs provision, including change in number of pupils in a special school
• change of age range
• closing a site or transfer ofto a new site
• changechanges of category
• changesingle fromsex orschool tobecoming singleco-education sex(or vice versa)
• specialchanges needsto boarding 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 Education of any CChurch of EEngland Diocesediocese, or the bishop of any Roman Catholic churchdiocese any part of which is in the relevant area of the local authority 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 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.