The schools bill may force academies to apply for permission from the education secretary to “build a bike shed”, it has been warned.
Clause 33.5 of the bill would, if passed, require both academies and private schools to apply to the education secretary in writing for permission to make “a change of the buildings occupied by the institution and made available for student use”.
The bill states this would cover any building, part of a building or “permanent outdoor structure, which is wholly or mainly enclosed”.
The 2008 education and skills act states that the government can de-register independent schools if they make such “material changes” without permission.
Currently the list of such changes includes where schools change proprietor, address, age range, capacity, the gender of their intake or whether they are a boarding or special school.
The new bill seeks to add building changes to that list.
Academies are included because they are deemed to be independent education institutions in law, even though they are state-funded.
Neil O’Brien, the shadow education minister, warned in Parliament today the “idea that schools should have to apply to the secretary of state where there is a change of the buildings occupied by the institution, that strikes me as just too vaguely defined.
“If I build a new building, if I get some new bits stuck on the end of one of the wings of my school, do I have to apply to the secretary of state? Well, it’s not clear on the natural reading of [the bill].”
‘This does not seem proportionate at all’
He said it was worried “this would end up with even very minor changes requiring approval from the secretary of state”, and that a “breach of this provision could lead to an academy being de-registered as an independent educational institution, or the imposition of restrictions on the academy”.
O’Brien added: “So if you want to build a bike shed, Mr Chairman, you’re potentially having to go to the secretary of state. The minister talks about proportionality. This does not seem proportionate at all.”
The Conservatives sought to amend the bill to delete the line about buildings, but they were voted down by Labour.
But O’Brien urged the government to “at least provide some reassurance on this point that we’re not going to end up with schools feeling like they have to apply to the secretary of state every time they build a new building or move out of one wing or move out to an extension to another.
“It just seems like a recipe for unnecessary bureaucracy and also creating some legal risks for academies.”
‘No prior assurance’ new buildings are ‘safe’
Early education minister Stephen Morgan said he appreciated “there may be concerns regarding new burdens on private schools”.
But he said there was currently “no prior assurance that new buildings are safe for student use.
“We unfortunately see examples where private schools are inspected and children are found in buildings that are unsuitable for their education and in some cases, unsafe.”
But he confirmed the legislation “does apply to academies”.
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