The School Standards and Framework Act 1998 provided Controlled schools with a simpler way to move to Voluntary Aided status.

Previously the rules on the compensation payable to LEAs made this move prohibitive, but now no money is paid unless the school closes. 

This could make the move attractive to Controlled schools where the benefits of Voluntary Aided status would enable them to serve their local community and the Church better.

In July 1999 Chester Diocesan Synod passed a motion encouraging Controlled schools with appropriate support to consider the possibility of becoming aided and encouraging the Diocesan Board of Education to consider how the necessary resources can be provided.

This section details the process involved but the advice and support of DBE staff should always be sought if there is any interest in this change of status.

Legal information can be found in

Statutory Instrument 2000 No. 2195 - The Education (Change of Category of Maintained Schools) (England) Regulations 2000, available from www.hmso.gov.uk/si/si2000/20002195.htm

Welsh Statutory Instrument 2001 No. 2678 (W.219) - The Change of Category of Maintained Schools (Wales) Regulations 2001, available from www.hmso.gov.uk/legislation/wales/wsi2001/20012678e.htm

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The differences in outline (for more information see Church Schools Background)

To download an introductory leaflet, click here for Word format and here for pdf format.

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The stages in the consultation and approval process
To download this, click here for Word format and here for pdf format.

The following is details of each of the separate stages of the process of changing the category of a voluntary controlled school to that of voluntary aided.

Between each stage there is a meeting of the governing body. This meeting closes one stage and commences the following stage. It is very important that the governors of the school understand each stage of the process and are supportive of what has been agreed and have a broad consensus about what is to be done next. At several stages friends, colleagues or members of the community may seek their personal views. If there is fundamental disagreement among the governors this will inevitably colour the reaction of parents, staff and the wider community to the proposals.

Guidance should be sought from the Diocesan Board of Education about managing Church schools of different categories.

Although the detailed stages that follow assume the Diocesan Board of Education will be part of the formal consultation process this should not be understood to imply that they will only be involved at a distance. For all controlled schools considering a change of status the Diocesan Board of Education will be the major source of help and guidance. It is recommended that a representative of the diocese be invited to be present at the meetings of the governing body listed in the stages that follow.

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Stage One: Preparation
First governing body meeting

Agenda item: To consider a possible change of category for the school.

Decide at the meeting:
1. What are the reasons for us to make the change?
2. Do we want to consider the matter further?

If yes, commission individuals or groups to:

2.1 Explore the issue of buildings, particularly:
a) costs of maintenance;
b) costs of planned or needed improvement projects;
c) potential sources of funds for the governors to discharge their liabilities.

2.2 Explore employment issues.
(Note: staff will transfer from their existing employment with the LA to employment with the governing body without a break in continuity and with all their existing employment rights (terms and conditions of employment and collective agreements) in place. Existing staff will also continue to enjoy the same protection from unfavourable treatment on religious grounds as they enjoyed when the school was a voluntary controlled school.

2.3 Explore admissions issues.

2.4 Consult the diocese – if the Diocesan Director of Education is present, this would save time.

2.5 Consult the LA informally to establish their likely response to the proposal (there will be further formal consultation later). You may like officers of the Diocesan Board of Education to do this on your behalf.

2.6 Prepare consultation document (to download example in Word format, click here)

2.7 Arrange meetings with the various interested parties and set a timetable for the process which follows.

All this work should be undertaken and reported on at the second meeting of the governing body.

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Second governing body meeting

Agenda item: Proposed change of school category.

At this stage you are not making any final decision, merely agreeing to take the next step.

a) To hear reports on work undertaken since the last meeting;
b) To agree that the proposal to change the category of the school should proceed to consultation;
c) To discuss and approve draft consultation document;
d) To discuss and approve arrangements for consultation meetings.

Stage Two: Public Consultation
The purpose of this stage is for the governing body to present its proposals to all parties who could be interested and to establish as far as possible the opinions of the individuals and bodies most concerned. For this reason the content of the consultation document is very important. The worked example provided demonstrates how a comparatively simple document can incorporate a range of information and provide the basis for the consultation. This can be used as a template for your own document.

The governing body needs to consult and obtain the views of at least the following groups of people:

a) All the staff employed at the school;
b) Parents of pupils at the school;
c) Members of the local community;
d) Other schools in the area (at least those within two miles of the school);
e) The Parochial Church Council (if the school relates to more than one parish then all the relevant councils or synods);
f) The Local Education Authority;
g) The Diocesan Board of Education.

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For a) to c) above it will usually be important to conduct meetings for all those who are interested in order to enable the governing body to explain their proposals, answer questions and hear the views that people wish to express.

If your LA is able to assist, it can be helpful to have LA representation at these meetings especially to help explain employment and admissions issues. Your LA Director has a right to attend if s/he wishes to do so. You may like to be assisted also at some meetings by officers of the DBE.

While it may be appropriate for some of these meetings to give a broad indication of their views by a show of hands, this may not always be the most effective way of gaining the fullest expression of opinion from all interested parties. For this reason the worked example contains a brief questionnaire that could be used by any interested party. There is nothing to prevent individuals or groups expressing their views by letter, and this will often be helpful.

It is important that by the end of this stage the governing body is aware of the views of all the groups that it has consulted and the balance between those who are in favour of the proposals, those who are against and those who are uncertain or indifferent. The submission to the School Organisation Committee should contain an analysis of the replies that the governing body received based on the questionnaire.

For d) to g) above, the governing body should be prepared to explain the proposals if asked to do so but it will not usually be necessary to arrange meetings for these groups. It should be expected that the governing body would receive a formal letter expressing the considered views of the organisation.

It may be helpful if the governing body indicates the timescale on which it is working so that those responding are aware of the date by which their letters should be received.

If the governing body believes that, in the light of consultation, there is sufficient support for the proposal as it stands to go forward it will need to publish a formal public notice of the proposed change. Therefore the body will need to ask the Clerk to consult with officers of the DBE about the drafting of the notice. The LA may also be willing to assist and should be consulted on the text of the notice. The worked example public notice provides an illustration of the issues that must be covered and the formal language that must be used. A note attached to the example shows the different places where the worked example notice was displayed and the timescale to which they worked.

It will be important at this stage to inform the School Organisation Committee informally of the proposals being made by the governing body and to include in the letter details of when it is anticipated that the public notices will be displayed (an example is provided). This will enable the School Organisation Committee to plan its work and to prepare to receive any formal objections.

If there have been strong objections to the proposals the governing body will need to decide whether the documents which it has published have been clear or whether there have been misunderstandings. If there have been widespread misunderstandings the governing body may wish to discuss with officers of the DBE whether its proposal should be withdrawn or how the governing body can proceed with it. If the governing body believes that its proposal, as it stands, needs to be altered or adapted it should agree the adaptations and consult the diocese about the advisability of having a further round of informal consultations on its revised proposal.

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Third governing body meeting:

Agenda item: Proposed change of school category.

At this stage the Governing body is making a formal decision to seek to change category or not to do so.

a) To receive reports on the consultation meetings;
b) To consider the response from the groups consulted;
c) To decide whether the proposals have attracted sufficient support to enable the governing body to proceed with them;
d) To consider the draft text of the public notice;
e) To resolve to publish the public notice.

Stage Three: The Public Notice
We have provided a draft notice which can be amended for your school's circumstances.  Click here to download it in Word format.   After the excitement of public consultation in the previous stage this formal notice period can feel like an anticlimax. There is other work that needs to be done, however.

During this period work should be begun on the preparation of the submission to the School Organisation Committee. The worked example gives an indication of the material that is needed and the detail that will be required.

The Diocesan Director of Education should see a copy of this.

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Fourth governing body meeting

Agenda item: Proposed change of school category.

At this stage the Governing body can withdraw from the process or continue.

a) To receive report on the display of the public notices;
b) To receive final analysis of returns expressing opinion on the proposals;
c) To discuss and approve the documents to be submitted to the School Organisation Committee.  Click here for an submission in Word format which can be amended for your school's circumstances;
d) To discuss any formal objections referred to the governing body from the School Organisation Committee for comment and to approve formal responses;
e) To approve the submission of the proposal to the School Organisation Committee.


Stage Four: Submission to School Organisation Committee
When the governing body has approved the submission to the School Organisation Committee it is important that the Church of England representatives on the Committee know about the project. Indeed it is helpful if the governing body ensures that the Anglican representatives are briefed on the project throughout the whole process. The Diocesan Director of Education will brief the representatives on behalf of the governing body.

The School Organisation Committee can only work on the basis of consensus amongst the groups that are represented on it. If it fails to agree, then the proposal will be decided on by an adjudicator. It is therefore important that all the documentation assumes no local knowledge, as there will not be an opportunity to amplify the material before the adjudicator sees it.

Once the decision has been made and communicated the governing body will need to hold a further meeting.

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Fifth governing body meeting

Agenda item: Proposed change of category.

a) To note the decision of the School Organisation Committee/Adjudicator;
b) To determine the next moves -
h) If approved proceed to implementation;
ii) If rejected consider whether to revise the proposal and start the consultation process again or to accept decision and drop the proposal;
iii) If clarification or further information requested prepare necessary additional material;
c) Thank all those who have contributed to the project;
d) Arrange to announce the decision of the School Organisation Committee and the subsequent governing body decisions to the staff, parents and local community.