Question to the Department for Education:

To ask His Majesty's Government whether all restrictions preventing local authorities from building new special education schools have been removed.

Where a local authority identifies the need for a new school in its area, including a new special school, it must currently seek proposals to establish an academy (free school). This is known as the ‘free school presumption’. The free school presumption process is the main route by which local authorities establish new schools to meet the need for additional places.

The Children’s Wellbeing and Schools Bill will remove the legal presumption that all new schools are opened as academies, allowing local authorities to welcome proposals for all types of school and to put forward their own proposals, where they choose to do so. This will ensure new schools are opened by the provider with the best offer for local children and families. Ahead of the Bill receiving royal assent and coming into force, the free school presumption remains in place.