DIOCESAN BOARD OF EDUCATION
POLICY ON FREE SCHOOL PROPOSALS IN THE DIOCESE OF CHICHESTER (Approved by DBE on 7 February 2012)
1. Whenever a proposal is made to establish a Church of England Free School within the Diocese of Chichester, the Diocesan Board of Education (DBE) should be consulted as soon as possible. As a rule, the Schools Provision Committee will give initial consideration to such proposals before they come to the DBE.
A Church of England School:
· is by law a school of religious character which is operated according to the principles and practices of the Church of England. Its religious character is defined under the authority of the Bishop of the Diocese in which it is situated.
· adheres to the policies of the Diocesan Board of Education as regards Collective Worship; Religious Education; Admissions; and the Spiritual, Moral, Social and Cultural Development of pupils.
· submits to Section 48 inspection under the SIAS arrangements.
· is committed to maintaining the religious character of the school and seeks to give effect to this commitment by ensuring that appropriate governance structures are established.
2. In the Diocese of Chichester, Church of England schools are members of the Diocesan family of schools and seek to collaborate closely with each other, and community schools, to offer support to each other and explore ways of benefitting from shared training, development and procurement projects.
3. Where there is a proposal to establish a Free School which is not of a religious character or which is of a religious character other than ‘Church of England’ (as defined above) the DBE will seek to achieve a co-operative relationship with the proposers. It may in due course welcome such Academies considering becoming a partner school under the DBE’s partnership scheme and to be linked formally to the Diocese eg through any Trust arrangements it may make.
4. Prior to giving its support and approval in principle to any Church of England Free School proposal the Board will require:
A General
i) confirmation that the key people and organisations that will be involved in the running of the Free School intend to promote and operate a Church of England school in strict accordance with sections 1 and 2 above;
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ii) evidence that there is local demand, including a basic need for new school places and that the Free School will be both financially and educationally viable;
iii) confirmation that the proposal would provide clear educational, personal and spiritual benefits to local young people and the community and would not impact negatively on other schools;
iv) evidence that the Free School will meet all required standards (including the Independent School Standards, the SEN Code of Practice and the Admissions Code);
v) reassurance that the Free School would be operated in accordance with Christian values as demonstrated by the Church of England in its national and local policies concerning Church of England schools; and
vi) evidence that the proposed site and premises would be suitable for the education of pupils.
B Christian Distinctiveness
i) confirmation that the Free School will maintain and develop its religious character as a Church of England school and that this will be made explicit by the inclusion of an appropriate ethos statement in its Memorandum and Articles of Association and in other relevant documents;
ii) confirmation that the Free School will be committed to the wider family of Church schools in the Diocese and to developing its relationship with the local, national and international Church;
iii) confirmation that the Free School will operate in a spirit of collaboration with local schools and will not act in ways which will disadvantage them;
iv) that Collective Worship and Religious Education in the Free School will follow the principles and practices of the Church of England; and
v) that the Free School will be subject to inspection under SIAS arrangements, fund them in full every three years, and in full accordance with the Diocese’s policy and practice on Church school inspections.
C Governance
i) that the prior agreement of the Board will be obtained to the membership of the Academy Trust/Company and to the appointment of governors (who will in effect be the directors of the Company);
ii) that Church of England corporate bodies, including the local Church, will form the majority of members of the Academy Trust;
iii) that there is a well defined business plan which demonstrates that full consideration has been given to the procurement of a full range of services. The Free School proposers agree to give priority consideration each year to the purchase of services made available by the Board of Education; and
iv) that the Free School accords advisory rights to the Board on the appointment of the Principal, and the Senior Leadership Team as appropriate, who it is expected will support actively its aims and the ethos of a Church of England school.
D Legal and Financial Responsibilities
i) that all matters relating to the lease of any Trustee/Diocesan assets to the new Academy Trust are completed before the Funding Agreement is signed. This will include land, buildings or any other capital assets resting with the Trustees;
ii) that all costs (including those of the DBE and DBF) relating to the leases, transfer/assignment of any extant leases/licences/transfer of control agreements/hiring agreements or tenancies at will are to be met in full by the Free School direct. (There can be no funding of loans or other payments for this purpose from the Diocese);
iii) that the legal mechanisms for establishing the Free School will be agreed by the DBE and all costs met by the school. The DBE wishes to work in partnership with each Church of England Free School and it is anticipated cost savings would be achieved if the Governing Body and school trustees were to instruct the DBE’s solicitors to also represent them. The DBE will expect this to be the normal arrangement unless (in rare circumstances) conflicts of interest dictate otherwise; and
iv) that the school will consult fully with the DBE in relation to its proposed admissions arrangements before the Funding Agreement is signed and whenever a change to those arrangements is proposed.
The Diocesan Board of Education’s consent will become final only when:
i) an authorised DBE officer has confirmed formally that the Chichester Diocese is satisfied with all the documents setting up the Free School, including those concerned with the constitution of the Academy Trust, Funding Agreement, any lease or license arrangement and any Supplemental Agreement; and
ii) the Free School has settled all costs incurred by the Board in considering this matter and ensured that all conditions attached to the Board’s consent have been satisfied.
Further information about Free Schools can be obtained from the Department for Education website at:
http://www.education.gov.uk/schools/leadership/typesofschools/freeschools
Mike Wilson
Diocesan Director of Education
March 2012
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