Question to the Department for Education:

To ask the Secretary of State for Education, what the criteria is for a free school to be (a) closed and (b) merged with another school.

All open free schools have a funding agreement which sets out the circumstances in which that agreement may be terminated and the school may close. The department’s model funding agreements are published on GOV.UK at:

https://www.gov.uk/government/publications/academy-and-free-school-funding-agreements-single-academy-trust.

In addition, following the Education and Adoption Act 2016, the Secretary of State has powers to terminate a school’s funding agreement if it is judged inadequate by Ofsted – regardless of the terms of the individual school’s funding agreement. These powers are set out in the ‘Schools Causing Concern’ guidance:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/640916/SCC_guidance.pdf.

Advice to academy trusts on what they need to do to make a significant change, including a merger, is published on GOV.UK at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/504321/Making_significant_changes_to_an_open_academy.pdf.

An assessment of proposals to make a significant change will be made before the Regional Schools Commissioner or the Secretary of State, as appropriate, makes a final decision.