About this guidance

This guidance contains both statutory and non-statutory information on the process for expanding a maintained mainstream school by enlarging the premises or raising the school’s upper age limit to add a sixth-form.

Separate guidance is available on making other prescribed alterations to a maintained school (e.g. changing age range other than by adding a sixth form, adding/changing/removing special educational needs or boarding provision; changing category). Please see: Making changes to a maintained mainstream school (other than expansion, foundation, discontinuance and establishment proposals); Changing school category to foundation; Trust school proposals.

Expiry/review date

This guidance continues to reflect the current legal position, but may not reflect current government policy. We are planning to review this guidance in autumn 2012; any revisions will be published on this site.

What legislation does this guidance relate to?

This guidance provides information on the statutory process prescribed by:

  • The Education and Inspections Act 2006 (EIA 2006); and
  • The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 (as amended by The School Organisation and Governance (Amendment) (England) Regulations 2007 which came into force on 21 January 2008 and The School Organisation and Governance (Amendment)(England) Regulations 2009 which came into force on 1 September 2009).

Who is this guidance for?

This guidance is for:

  • those considering publishing proposals to make prescribed alterations to existing school provision under Section 19 of EIA 2006, referred to as 'proposers' (i.e. the local authority (LA) or the governing body);
  • those deciding proposals, referred to as the 'decision maker' (i.e. the LA or the schools adjudicator); and
  • for information for those affected by proposals to make significant changes to existing school provision.

Key points

  • Statutory proposals are required for a proposed enlargement of the school premises which would increase the capacity of the school by both a) more than 30 pupils and b) by 25 per cent or 200 pupils (whichever is the lesser).
  • Statutory proposals are required for the alteration of the upper age limit by a year or more so as to provide sixth form education except in certain instances (please see paragraphs 14-15).
  • There are 5 statutory stages that must be followed for a statutory proposal:
  1. consultation with stakeholders;
  2. publication of a statutory notice by the proposer;
  3. representation period, normally four weeks, but six weeks in specified circumstances;
  4. decision by the LA in most cases, otherwise by the schools adjudicator; and
  5. implementation, if approved.
  • Where proposers require capital funding to implement their proposals, they should secure this before publishing proposals. Proposals cannot be approved by 'decision makers' unless the capital funding for their implementation is in place (perhaps conditionally on the proposals being agreed).