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Guidance: Academy and free school presumption

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Updated: Document updated to reflect that the Targeted Basic Need programme has now ended.

This departmental advice is for:

  • local authorities
  • new school proposers

It relates to:

  • academies
  • free schools

It describes the process for establishing new schools under the academy/free school presumption.

The Education Act 2011 changed the arrangements for establishing new schools and introduced section 6A (the academy/free school presumption) - where a local authority thinks there is a need for a new school in its area it must seek proposals to establish an academy/free school.


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