This update aligns with the renewed net capacity assessment programme initiated in 2023 in order to identify spare capacity in the system and ensure effective use of space and curriculum planning.
The Guidance, which comes into force on 22 April 2024, focuses on local authorities, academy trusts and the DfE working together in order to support local authorities in the delivery of their place planning responsibilities.
Ultimately, if the place planning process identifies a need to make a significant organisational change to an academy, then the academy trust is required to make an application to the DfE under Part 2 of the Guidance.
Note that maintained schools still go through the prescribed alterations route for their significant changes.
By setting out a step by step guide for delivering against an identified need for places, part 1 of the Guidance confirms the respective roles and responsibilities of the academy trust, the local authority and the DfE.
Sections follow on the sharing of information between the parties and the conduct of strategic pupil place planning conversations primarily between the local authority and the DfE. Those discussions will include a review of the performance of academy trusts. Following those discussions, local authorities will then follow up with the relevant trust.
Note that (as before):
Annex A sets out matters for trusts and local authorities to consider ahead of an application (much of which replicates the previous guidance).
Rather than the previous route of either a fast track or full business case application, there are now three tiers for the application and assessment process:-
Applications need to be accompanied by a consultation report and a letter confirming support from the local authority.
As before, academy trusts are required to consult on significant changes although more information is given regarding the required consultation. It states that a minimum of three weeks is acceptable, provided that at least two of those weeks are in term time. It also includes a list of required stakeholders. Consultation must include a written response from the local authority (and possible neighbouring local authorities if relevant) and the faith body if applicable.
There will be cases where the change will be 'below threshold' but will still necessitate a change to the funding agreement.
For changes which are below threshold, academy trusts may still need to secure:
The Guidance includes a separate section on admissions which includes a new separate form for seeking consent to vary admissions arrangements that have already been determined which are connected to significant changes. Note that the lead-in time for determining admission arrangements is 18+ months ahead of intake, and therefore this will often be required for significant changes proposed to take effect within the next 18 months to 2 years.
It also provides that there is no requirement to consult separately on proposed variation of determined admission arrangements in these cases (as distinct from proposed changes to admissions arrangements within the usual annual admission timetable/consultation window).