How to apply to open a special free school in Bury (for proposer groups)

This guidance sets out the process for anyone wishing to apply to run the pre-approved special free school in Bury.

If you are a local authority wishing to bid for a new special free school in your area, refer to the guidance on how to apply to set up a special free school.

The new school will be part of the central free schools programme and will be delivered and funded as such. Free schools are legally academies, which are state-funded educational institutions free from local authority control and are operated by academy trusts.

This process does not replace the free school presumption process and does not replace a local authority’s duty to secure sufficient appropriate education for children and young people.

Introduction

Every child in this country, whatever their background, should have the opportunity to get a world-class education. As set out in the special educational needs and disabilities (SEND) and alternative provision (AP) green paper, our ambition for children with SEND is the same as it is for all children – that they are able to do their best in school, reach their potential and afterwards find employment and lead happy and fulfilled lives.

The government will build up to 60 new centrally-delivered special and AP free schools as part of the £2.6 billion capital investment in high needs provision across the Spending Review Period.

Our experience has highlighted that commitment from local authorities, and developing new schools in partnerships, are key factors in enabling new special schools to play an effective role within the local education system. Local authorities have strategic responsibility for special educational provision in their areas, and are also responsible for commissioning and funding places in special schools. Any new special schools should fit within local authorities’ strategies for children and young people with special educational needs SEND.

We are working collaboratively with Bury Council to create a new special free school. We are now inviting applications from proposer groups to open the new school in Bury.

We want applications that demonstrate a commitment to partnership working to create a school that will deliver what the local area and its families need, and ultimately provide an opportunity for the children that attend them to achieve better outcomes.

Who can apply

We are looking for applications that:

• have a clear vision for how the proposed school will improve outcomes and enhance the life chances of children within the local community
• show that the school will deliver Bury’s local authority specification within the funding specified, demonstrate a commitment to forming and working in local partnerships, and be evidence-based with a clear implementation plan
• show a clear understanding of the needs of the expected cohort and demonstrate the ability to meet those needs
• can demonstrate a strong track record of providing a high standard of education
• can demonstrate that the school will set ambitious and realistic expectations for children and support them towards effective preparation for adulthood
• offer good value for money, with an affordable education plan
• have a strong understanding of the teacher recruitment and retention issues that the school might face, taking into account any local, regional or national factors relevant to your context, with clear mitigations
• include specific plans of how teacher workload will be managed and kept under review so that it is sustainable as the school grows

The assessment criteria we will use to assess applications is available later in this guidance.

Application process

Before applying read this guidance and the local authority specification carefully.

The local authority specification outlines the key features of the school. For example, it provides information about the:

• context around why the local authority needs a new school
• type of school wanted (including the category of SEND)
• number of places needed and being commissioned, as well as funding
• age range of the school
• proposed location

You should use the information within the specification to determine whether you would like to apply to open and run the school. If you would like to apply, then you should use the information in the specification as a basis for your application.

The specification is available on the Bury Council website.

Key dates

Date	Action
10 June 2022	Mandatory pre-registration opens. If you are interested in applying, register your interest by emailing fs.applications@education.gov.uk. Application forms will be emailed to you once you have completed the pre-registration.
27 June 2022	Application window opens. You must use the application form we email to you.
11 July 2022	Mandatory pre-application registration closes.
21 October 2022	Application window closes.
Autumn 2022 to early 2023	Applications will be assessed by DfE and the local authority. Interviews then start. Groups with the strongest applications will be invited to interview.
Early 2023	The successful application will be announced and will enter the pre-opening phase.
September 2025	We are aiming to open this school in September 2025.

Register your interest

Your pre-registration email must include:

• the name of your proposer group
• what type of proposer group you are (for example, multi-academy trust, a group of parents)
• the lead applicant’s name
• the lead applicant’s address
• the lead applicant’s email address
• the lead applicant’s telephone number

Preparing your application

Before applying to open this special free school, you should contact Bury Council. They can provide more information about:

• the local context in the area
• the needs of the pupils
• who to engage with when developing your plans

We expect all potential proposer groups to attend any engagement events held by the local authority as this will provide further information about the local context, need and requirements for the school, as well as provide you with an opportunity to ask any questions.

We also recommend that you consider speaking to:

• your regional director – where possible, existing trusts should raise their expansion plans, including plans to apply for this school, with their regional director’s office as part of any planned discussions about performance and capacity
• Create: Schools who can provide advice on developing your application and put you in contact with other groups that have been successful in previous waves

Completing your application

We will assess your application against the assessment criteria.

You must use the application form provided, which will be sent to you once you complete the mandatory online pre-registration. Your application will not be considered if you do not use the provided application form.

Identifying a site for the school

In this competition, the responsibility for finding a site lies with the local authority. Bury council have already identified a potential site for this school. However, this does not prevent you from putting forward a suitable site if you have one.

If you do have an identified site, you can tell us about it in section B of the Excel application form.

We are likely only to look into any site that you do tell us about if it becomes apparent that the sites we are already progressing are unsuitable.

Submitting your application

Your application forms must not be sent as pdf files, they must be sent as Word and Excel files.

Title your application, electronic files, and emails as Special free school application_­­­­­­­­BURY_­[INSERT NAME OF YOUR GROUP].

Your email should not exceed 9 megabytes in size, anything larger will not be delivered. If the bid is larger than 9 megabytes, split the documents and send 2 (or more) emails clearly indicating that the emails are connected (for example, email 1 of 3).

We will publish a full list of the applications we receive on GOV.UK. Before submitting, read the information about how we will use your personal data.

Assessment of your application

Applications will be jointly assessed by DfE and Bury Council. We will assess it against the assessment criteria.

If your application is assessed as one of the strongest, we will invite your group to interview. The interview panels will consist of representatives from DfE and Bury Council. Interviews will be tailored based on:

• the quality of the application
• the strength and track record of the academy trust
• the local context in which the school will operate
• your understanding of the state school system

Only one application will be approved. If the specification does not attract applications that meet both the local authority specification and the application criteria then no application will be approved.

Decisions on which applications to approve are taken by the Secretary of State. The decisions are final and there is no appeals process. Scoring of applications will not be shared with applicants or externally. You will receive feedback if your application is not successful.

Approval of your application does not mean approval of every detail, such as your financial plans, or budget. The Secretary of State may also decide to reprioritise funding for the benefit of the free schools programme as a whole, which means the project may be cancelled.

If your application is approved

If your application is successful, you will be invited to move to the free school pre-opening phase. In this phase, you will need to turn your application into a school ready for opening. We would expect to see the successful proposer group continue to work together with the local authority to deliver a strong school.

We are aiming to open this school in September 2025.

The trust that moves into the pre-opening phase will receive a project development grant to cover essential non-capital costs up to the point at which the school opens. This grant must not be used to retrospectively cover any costs incurred in preparing the free school application and getting the school approved into pre-opening. The amount for the grant will vary depending on the type of school the trust is opening and the number of schools the trust is opening in an academic year. See the free schools pre-opening guide for more information.

Progressing to the pre-opening phase may be subject to precise and stringent conditions, which are set out in the approval letter. Further conditions may also be set during the pre-opening phase. These conditions often relate to a specific risk that must be addressed for the project to proceed successfully. Failure to meet any of these conditions would make it unlikely that we would open your school.

Assessment criteria

For this application process, we are asking all applicants to complete a full application form.

There are no different application requirements in place depending on the type of proposer, but the information that you provide will vary depending on your experience and background.

Section A – tell us who you are

All applicants must complete this section in full.

In this section we ask you for basic information about your applicant group and your academy trust.[footnote 1]

Section B – outline of the school

All applicants must complete this section in full.

You should refer to the local authority specification, which will provide most of the key information about the school that is being commissioned and should inform your application. For example, the age range of the school must match the age range outlined in the local authority specification.

In this section, we ask for some details about the school.

The type of school is a special free school.

Special free schools cannot be designated as having a religious character. Placements in special schools are determined through the application of the criteria in s39(4) of the Children and Families Act 2014. This states that the school must be suitable for the age, ability, aptitude or special educational needs of the child or young person. Religion is not statutory criteria and therefore placements cannot be restricted in this way.

You should include a brief explanation (if applicable) of any specialism, particular ethos, distinctive pedagogy or educational philosophy.

Section C – vision

All applicants should complete this section in full. You must summarise:

• your own vision for the proposed school, and how it will deliver the local authority’s specification and its SEN strategy
• how that vision is reflected in your curriculum approach and approaches to meeting pupils’ needs
• how your proposed school will work collaboratively with other SEND provision, mainstream and other education settings, as well as any other local partners, to develop and share expertise and approaches
• how your school will prepare pupils for adulthood, including independent living and employment
• how your vision is evidence-based and consistent with the rest of your application – your overall application should clearly show the plan for implementing your vision
• if your existing schools are in a local authority other than Bury, explain clearly how you will ensure that the new school will be well supported

You do not need to provide details of your intended enrichment programme at this stage unless it is crucial to achieving your vision. If that is the case, you should mention it in this section and provide more details in the education plan (section D1).

Applicants who already run or lead more than one school should also provide a brief overarching vision for your trust, including:

• your planned expansion strategy (including how many schools you plan to have in total, your planned geographical spread and timescales)
• a summary of any discussions you have had with the relevant regional directors about this

Your response to this section should be no more 1000 words.

Section D – education plan

All applicants must complete this section in full.

Preparation for adult life should feature throughout section D. Schools should seek partnerships with employment services, businesses, housing agencies, disability organisations and arts and sports groups, to help children understand what is available to them as they get older, and what it is possible for them to achieve.

The annual review of an education, health and care (EHC) plan in year 9, and every review thereafter, must include a focus on preparing for adulthood. Planning must be centred around the individual and explore the child or young person’s aspirations and abilities, what they want to be able to do when they leave post-16 education or training and the support they need to achieve their ambition.

D1 – curriculum plan

Within this section, all applicants will be assessed on the quality of their plans and the extent to which they meet the criteria, including how they meet the expectations set out in the local authority specification. We will be looking for an ambitious, affordable and deliverable curriculum plan, which is consistent with the vision, pupil intake and financial plan.

You should provide a rationale for your proposed approach, which should be supported by published data and research.

In this section, you should:

• complete the tables that are in the application form showing:
  • a list of subjects to be offered with the number of hours spent per week on each (you do not need to provide sample timetables)
  • the length of the school day, including any enrichment time, making a distinction between compulsory and voluntary activities
• provide information on the curriculum, which should be consistent with the local authority’s vision
• if you are planning to teach something other than the national curriculum, set out what you propose instead, your rationale, and how it provides the knowledge and skills that children need
• demonstrate that your curriculum will be deliverable and, if applicable, how and to what extent you intend to use resources from your existing school or other organisations to contribute to the delivery of the curriculum or improve teaching capability
• offer a broad and balanced curriculum that includes English, mathematics and science – we will also look at how you prepare children for the next stage in their lives
• offer appropriate qualifications
• demonstrate an ambitious curriculum approach, which takes into account the expected pupil intake and their needs
• set out your approach to teaching and learning – specifically, how this will ensure the curriculum is delivered in a robust and effective manner, meeting the needs of the expected intake
• provide evidence that you will ensure safeguarding, good behaviour and good attendance and that any health needs will be met

Your response to this section should be no more than 2000 words, excluding tables.

D2 – measuring pupil performance effectively and setting challenging expectations

In this section, you should summarise:

• the types of need for the expected cohort and how you will establish a baseline of students’ current level of attainment (including external validation of this)
• your explicit, ambitious and realistic expectations for pupil performance, behaviour and attendance, explaining why they are suitable to measure the delivery of your education vision, and putting in place an assessment system that will allow pupil performance and progress to be measured and improved
• the strategies you will put in place to support pupils to be successful when they enter and leave the school
• how you will review success measures and expectations regularly to improve the school’s performance
• how you will share this information regularly and effectively with the local authority, and how this will ensure:
  • appropriate provision is made for each pupil
  • successful progression into employment, further education or training

Your response to this section should be no more than 2000 words.

D3 – staffing

Within this section, we will assess the quality of the staffing structure through the extent to which it includes an appropriate balance of roles, experience and expertise across:

• the senior leadership team
• middle managers
• subject leaders
• teachers
• support staff

In this section, you should summarise:

• your plans for an affordable staffing structure, which takes account of your curriculum plan
• your planned strategy for succesfully recruiting high-quality staff (if you run existing schools, include whether you intend to use existing staff in the new school and how this will work in practice)
• your plan for teacher retention, for example:
  • show you have put in place plans which meet the recommendations of the teacher workload advisory group
  • show how you will engage with the workforce to protect their wellbeing and ensure workload is manageable
  • show how you have a flexible working policy in place
  • show how the workforce will be well managed and developed, taking into account opportunities for flexible working and continuous professional development
• how you will regularly review key financial health and efficiency metrics (including teacher contact ratio, average class size and average teacher cost) to plan staffing and timetabling that will deliver an affordable curriculum
• the actions you would take to reduce costs (if and when necessary), the reasons for these actions and the reason you have prioritised the actions as you have
• how your amended plans would continue to support delivery of your education vision and plan and any changes you would have to make to the education plan

Your response to this section should be no longer than 2000 words, excluding any organograms or staffing charts you wish to provide.

D4 – integration and community cohesion

All applications must meet our integration and community cohesion objectives, with a view to ensuring all children and young people are able to participate fully in life in modern Britain.

You should summarise:

• how your school will build opportunities for pupils to interact and build positive relationships with those from different backgrounds, both within the school and the wider local community
• how your school will equip pupils with the skills, values and knowledge to become active citizens in wider society and play a positive role in shaping cohesive and integrated communities
• that the school will be welcoming to pupils of all faiths and none, and show how the school will address the needs of all pupils and parents
• how the school will promote fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs
• how the curriculum will prepare children for life in modern Britain including through the teaching of spiritual, moral, social and cultural education
• how the school will:
  • teach personal, social, health and economic education (PSHE)
  • adhere to the Prevent duty
  • have appropriate policies on safeguarding and promoting the welfare of children
• how the school will develop in students the skills to participate in society and be active citizens in their communities
• how the school will prepare pupils for adult life, so they can progress into employment, independent living, community participation and good health

When assessing the information that you provide in this part of your application, we will consider the potential impact on integration and community cohesion and the intake of neighbouring schools.

There are a number of ways you may wish to demonstrate your commitment to integration and community cohesion. The strongest applications are likely to include programmes or activities aimed at helping pupils to value differences and challenge prejudice, discrimination, stereotyping and intolerance of others, and to understand the diversity of their communities and wider society. We will consider the extent to which the additional activities you propose will be effective and appropriate to the local context of the proposed school.

We will not approve any application where we have any concerns about:

• a lack of genuine commitment to the inclusion of pupils of other faiths or no faith in the school
• creationism being taught as a valid scientific theory or about schools failing to teach evolution adequately as part of their science curriculum
• any member of the applicant group holding extremist beliefs, as defined by the government’s counter-extremism strategy

Your response to this section should be no longer than 750 words.

Section E – capacity and capability

Our assessment process will take into account the evaluation of the trust’s capacity by regional directors.

If you are an existing trust, to make a judgement about your trust’s track record, we will take into account:

• whether you have effective governance (section E3)
• whether your trust is financially sustainable and operating efficiently (section F)
• your educational track record

Checks are conducted on all applicants from academy trusts. We will use the personal information you provide to check your suitability to set up a free school.

E1 – a strong educational track record

If you currently run or lead state-funded schools, you do not need to provide any information for section E1 as we will use the information we hold and publicly available data about the schools in your trust to make a judgement on your educational track record. This includes schools that you have recently taken over or opened.

However, you should provide additional information that you believe will help us to better understand the track record of your group. For example, if the school has not been open long enough for exam results, or that you have recently taken on an underperforming school.

All groups who currently run or lead schools will need to have a ‘strong educational track record’ to apply to open a free school. This means:

• your existing schools currently have ‘good’ or ‘outstanding’ judgements from Ofsted (or, for independent schools, another appropriate inspectorate if not Ofsted)
• if you currently run one or more state independent schools, there are no significant outstanding issues on compliance in your most recent inspection report, and (if you are applying to join the state sector) any additional inspections requested result in standards being met
• if you currently run one or more state-funded mainstream schools, achievement is above local authority and national averages (looking at headline accountability measures of attainment and progress for the relevant schools) and is generally on a consistent or upward trajectory since the last Ofsted inspection

If you choose to provide additional information in this section, your response should be no more than 500 words.

E2 – the necessary experience and credentials to deliver the school to opening

Within this section, we will assess whether you have access to appropriate educational, financial and other expertise to ensure that the proposed school opens successfully.

Your application will be rated more highly if you:

• have individuals with appropriate education and finance expertise form part of your core applicant group
• have individuals with expertise in most of the additional areas (managing state school finances, leadership, project management, marketing, human resources, safeguarding and health and safety) form part of your core applicant group, and have a strong track record in their areas of expertise
• already have individuals in your core applicant group who would make strong trustees once the school is open (or who are currently strong trustees or governors at your school) and they have excellent school finance, leadership or other relevant experience
• show a clear understanding of the skills and capacity required to run a successful school and have secured sufficient and realistic time commitments from each individual

You will be assessed on the quality of your plans to fill the gaps identified and, where applicable, the track record of any individuals you have identified to fill those gaps.

You do not need to tell us how you will establish the school’s local governing body.

In section C, you will have explained briefly any other plans for your trust, such as expansion plans, plans to take on a sponsored project or plans to move to a new area. We will refer to those, along with the performance of schools in the trust, to help us assess whether the resource identified in this section demonstrates the capability and capacity to open a new free school successfully in the proposed location, alongside any other plans for expansion and the work required to improve and maintain standards in your existing schools.

In section E2, you must:

• complete table E2(a) with information about each individual who is part of your group, including:
  • all members and trustees of your academy trust
  • members of the executive team
  • members of the pre-opening team
  • anyone else providing a relevant contribution
• demonstrate that you have access to individuals with strong, relevant state education expertise (for example, strong school improvement experience, a headteacher of a school that meets the definition of a strong track record as outlined in section E1) and state school finance expertise with specific and sufficient time commitments
• demonstrate that you have access to individuals with specific and sufficient time commitments and relevant experience in as many of the following areas as possible:
  • SEND provision
  • managing school finances
  • leadership
  • project management
  • marketing
  • human resources
  • safeguarding and health and safety
• conduct a skills gap analysis of proposed trust members who will make up the pre-opening group (including your existing governors or trustees if you already run one or more schools, as they will be in place during pre-opening) and complete table E2(b) – you will need to set out how you plan to fill those gaps
• set out your plans and timeline for recruiting a principal designate and executive head (if you intend to have one) in box E2(b)

Your response to this section should be no longer than 2500 words, not including box E2(b).

E3 – an effective governance structure

If you are or will be operating as an academy trust (but not currently a multi-academy trust) you must:

• provide a scheme of delegation showing your proposed governance structure, including lines of accountability between the trust’s members, its trustees (also known as directors), any local governing bodies or committees and the school’s senior leadership team
• include a brief explanation of the roles and responsibilities of the company members, the trustees, the executive team, any proposed committees and the principal
• include a strategy for avoiding and minimising conflicts of interest and for securing independent challenge to members and trustees
• declare any financial transactions that are likely to take place between any member or trustee (or a connected party or business) and the academy, the nature of the transactions and provide assurance that they will comply with the ‘at cost’ principles set out in the Academy Trust Handbook
• demonstrate how you will ensure that your governance structure, roles and responsibilities provide an appropriate level of expertise in state education and academies finance (or access to someone with experience in academies finance)
• show how the requirements of the governing board will not result in unnecessary and onerous workload for the headteacher and all staff members, and how you will set up proportionate, streamlined and effective processes for reporting
• if you are a local authority maintained school or a group of maintained schools, and you are proposing to become a MAT with your new school, you should describe how the governance will work (you do not need to have converted to academy status before applying)

We will also consider the proposed size and structure of your board of trustees and whether it will facilitate effective decision-making. The Governance handbook outlines the features of effective governance which you should consider when formulating your governance arrangements.

If you are currently a MAT, we will look at the effectiveness of your existing governance. You will need to:

• provide an overview of how the school will fit within the current structure of your MAT (if you are proposing a school of a new type or phase to your trust, moving into a new part of the country, or if you are growing your trust in other ways, you should have listed the trust’s other growth plans in section C)
• explain any changes you need to make to your existing governance structure, roles, and responsibilities, or schemes of delegation, to ensure that your trust continues to exercise strong accountability for your new special free school and your trust
• include a brief description of any specific conflicts of interest and an explanation of how you intend to manage them
• declare any financial transactions that are likely to take place between any member or trustee (or a connected party or business) and the academy, the nature of the transactions and provide assurance that they will comply with the ‘at cost’ principles set out in the Academy Trust Handbook
• show how the requirements of the governing board will not result in unnecessary workload for the headteacher and all staff members, and how you will set up effective processes for reporting

Your response to this section should be no more than 1500 words. This should be shorter for MATs that have recently discussed their governance structure with their regional director.

Section F – financial viability

Special free schools’ continuing financial viability will depend on local authorities continuing to place children and young people with EHC plans in those schools, with the procedures for that (including the relevance of parental preference) being set out in law. It is important that school proposals offer the type of places set out in the local authority specification, and within the funding available from the relevant local authority.

You must complete the financial template provided (with your application pack). The financial template provided is applicable to all special free schools – it is not tailored to the local authority specification for this school. This means that you will need to fill in the place numbers, top-up funding rates, and build-up of places over time by copying these details from the specification.

Trusts should implement effective resource planning to ensure every pound is used efficiently to improve education standards and have maximum impact on the pupils and the school. Schools that do this well tend to:

• base their financial planning on delivering educational outcomes, rather than as a separate bolt-on consideration
• have a strategic financial plan for the longer term (3 to 5 years)
• deploy their staff effectively and efficiently, linked to their long-term plan
• have robust challenge from financially skilled governors and headteachers
• have skilled staff responsible for managing finances
• have transparent financial systems and processes that encourage constructive challenge within and between schools

Before you begin to develop and complete your plans, you should read:

Even if you are an experienced education provider, the financial plan can help us assess your understanding of managing a state school’s finances and the financial challenges associated with opening a new school.

If you currently run or lead any open schools we will take into account the financial health of the trust as part of our overall assessment.

In some cases, we may ask you to resubmit your financial plans ahead of the interview if we are unclear on any aspect of this section of your application.

All applicants must:

• complete the Excel financial template showing income and planned expenditure and the assumptions made about each line in the space provided – you should explain clearly what your assumptions are based on and the evidence that demonstrates that your assumptions are realistic and appropriate
• make sure that the information in your plan is consistent with the other parts of your application, for example, the curriculum offer, staffing structure, and pupil numbers in the education plan should match the financial plan
• show you have allowed for unforeseen problems and contingencies
• not show a cumulative deficit in any year – any in-year deficits must be planned for by accumulating a surplus in previous years
• not be dependent on borrowing or third-party income to break even in any year – your plans must not rely on this additional funding to break even

We will also assess the quality of your financial plan by the extent to which it is reasonable, represents good value for money and is prudent. We will consider:

• core operating income and expenditure assumptions (it is vital that these are included in the plan)
• benchmarking information for income and expenditure (this information should also be entered in the assumptions and rationale column)
• any centrally-provided services and their costs
• the proportion of spend allocated to each budget area – particularly to staffing
• staff to pupil ratios
• the context of the local area, such as the percentage of children eligible for free school meals
• the school’s particular education offer, for example, specialist teachers and equipment

Checks on applicants

The Secretary of State for Education will only allow suitable persons to establish publicly funded free schools.

Proposers must abide by the 7 principles of public life, which set out the standards of behaviour we expect.

We will undertake due diligence checks on proposers as part of the selection process, including social media and internet searches. We may also ask you questions at the interview about the 7 principles of public life. The Secretary of State may reject applications where the previous conduct of individuals associated with the trust does not comply with the 7 principles of public life.

The Secretary of State will reject applications put forward by organisations that advocate violence, extremism, or other illegal activities.

To ensure the suitability of proposers to set up and run free schools we will also complete credit checks on individuals. We will share personal information provided as part of the application process with third parties for the purpose of these checks.

We need a suitability and declarations form for each individual member and trustee of the academy trust regardless of whether they have previously submitted this form. If the head of finance, chair or CEO is not a member or trustee we also require their completed suitability and declarations forms.

You should email scanned copies of signed suitability and declarations forms and a passport-sized photograph attached to each applicant’s form to due.diligence@education.gov.uk. The email should include the names of your proposed schools and state the application reference number in the email subject title.

If you are successful at the assessment stage, the chair of trustees must apply for an enhanced DBS certificate via DfE during the pre-opening phase. The Secretary of State will countersign the DBS certificate.

All other members and trustees must obtain an enhanced DBS certificate. It is the responsibility of the chair of trustees to ensure that all members and trustees have a valid enhanced DBS certificate (issued in the last 2 years).

Annex A: technical and legal considerations for proposer groups

Setting up an academy trust

Each free school is run by an academy trust formed specifically to establish and run one or more schools. The academy trust is the body that submits the application to open the free school and that the Secretary of State decides to enter into a funding agreement with.

If you are a new proposer and need to establish an academy trust, you must do so before you apply using the model articles of association. Information on how to set up a company is available from Companies House. Additional guidance is available from Create: Schools.

If you are a proposer who already leads any existing local authority maintained schools, we expect your existing schools to convert to academy status, and the proposer group to form a MAT that will incorporate both the new free school and any existing schools.

You do not need to convert to academy status before applying, but we expect your application to set out your plans for how you will do this if your application is successful as this will form a condition of approval.

For more information about governance, accountability and the role of members and trustees of an academy trust see the:

Third parties

You may appoint a third party, through an open and competitive tender process, to support you in developing your application. However, you must not enter into any contracts in the expectation of public funds.

If any individuals or organisations that are not part of your trust have assisted you in writing your application, you should explain how you will secure further support during the pre-opening phase if you are approved.

The project development grant (which trusts that move into the pre-opening phase will receive) must not be used to retrospectively cover any costs incurred in preparing the free school application and getting the school approved into pre-opening.

Public Sector Equality Duty

All free schools are subject to the Public Sector Equality Duty, which forms part of the Equality Act 2010. This duty requires your trustees, both in planning and running your school, to have regard to the need to eliminate discrimination, harassment and victimisation, advance equality of opportunity and develop good relations between communities.

We will look for evidence that you have considered these responsibilities in your application. You should consult the guidance for schools on the Equality Act.

Annex B: requirements for special free schools

As free schools are legally established as academies, they have more freedom and control over some things. However, there are some requirements and obligations that all free schools must follow once open.

See the pre-opening guidance for more information.

Special free schools

Special free schools provide education for pupils with special educational needs and disabilities (SEND). They are designated for specific types of SEND.

For this competition, we are only accepting applications to open one special free school in response to specifications published by Bury Council.

Once a school is open, approval from the Secretary of State is required if the school wishes to change or extend its designation to cater for children with other types of SEND.

Special schools do not admit pupils on the basis of the School Admissions Code. Generally they are permitted only to admit pupils with EHC plans, or, on a temporary basis, pupils whose needs are being assessed (as set out in section 34 (5)-(8) of the Children and Families Act 2014). See paragraph 1.29 of the SEND code of practice for more information.

Exceptionally, special schools may ask for permission to admit pupils with special educational needs but without an EHC plan (section 34 (9) of the Children and Families Act). If you wish to seek this permission you will need to provide evidence that the school will be “innovative and increase access to specialist provision for children and young people without EHC plans” (SEND code of practice, paragraph 1.30).

Paragraph 1.26 of the SEND code of practice sets out the general presumption that children with SEND should be educated in mainstream settings. Consider including information about how you would ensure, where appropriate, the reintegration of pupils with SEND but without EHC plans into mainstream schooling as part of your application.

Special free schools must:

• admit a child where the school is named in a child’s or young person’s EHC plan
• admit pupils without EHC plans only in specified circumstances (as set out in section 34 (5)-(8) of the Children and Families Act 2014, or with express authority from the Secretary of State (section 34 (9)) which are provided in the funding agreement, and for types of SEN for which the school is designated
• co-operate with the local authority in developing and reviewing the published local offer of services and provision for children and young people with SEND, and publish their own school information report
• follow the statutory assessment arrangements (such as testing) as they apply to academies
• collect performance data, publish results where appropriate,[footnote 2] and be subject to Ofsted inspection under the same framework that applies to all state-funded schools
• where practical, provide for the teaching of religious education and for acts of collective worship
• ensure all teachers have qualified teacher status (QTS)
• have regard to the SEND code of practice, including making sure that a child with SEN gets the support they need – special free schools are not required to have a special educational needs co-ordinator as their principal purpose is to provide education for children with SEND
• comply with their duties under the Equality Act 2010, including the duty to make reasonable adjustments and the Public Sector Equality Duty
• maintain the support of local authorities in terms of a commitment to commission placements and services and their willingness to provide associated funding
• if it wishes to offer any provision to students aged 19 to 25, ensure this provision is a legally and financially separate entity and not part of the free school
• meet the spiritual, moral social and cultural standard that is set out in Part 2 of Schedule 1 to the Education (Independent School Standards) (England) Regulations 2010, as amended

Free school applications should demonstrate how they will promote fundamental British values across a range of subjects as part of a broad and balanced curriculum. The application should demonstrate how pupils will develop and demonstrate skills and attitudes that will allow them to participate fully in and contribute positively to life in modern Britain.

We will look for evidence that you have considered these responsibilities as part of your application. See the guidance on promoting fundamental British values as part of pupils’ spiritual, moral, social and cultural development for more information.

Special free schools do not have to:

Safeguarding

Schools and their staff form part of the wider safeguarding system for children. Safeguarding and promoting the welfare of children is everyone’s responsibility. School staff are particularly important, as they are in a position to identify concerns early and provide help for children to prevent concerns from escalating.

It is vitally important that as an academy trust you fully understand your responsibilities for safeguarding the children in your care. Read:

When the school opens we would expect it to be meeting the requirements set out in keeping children safe in education.

Special free schools with a faith ethos

Like special schools in the maintained sector special free schools cannot be designated as having a religious character.

If you want your school to reflect a distinct ethos aligned with a particular religion, you can register that your school has a religious ethos. The ethos could then be reflected within the vision for the school, the values the school represents and the importance placed on particular beliefs.

We expect you to be able to explain clearly how your faith ethos will (or will not) manifest itself in and influence the curriculum, school policies and the look and feel of your school. We will also expect you to be able to demonstrate that you have made this clear to parents and pupils.

Annex C: overview of free school funding

Pre-opening funding

Details on the pre-opening phase and the project development grant can be found in the free schools pre-opening guide.

Revenue funding for special schools

Special free schools’ funding comprises 2 elements:

• place funding (also known as base funding) received directly from the Education and Skills Funding Agency (ESFA)
• top-up funding, as agreed with the commissioning local authority or authorities where funding above the place funding is required[footnote 3]

Special schools can also receive income from specialist services provided to other schools or local authorities under a service level agreement.

Special free schools receive £10,000 per FTE place, per year, for children and young people up to the age of 19 years with EHC plans. Place funding for the first year will be determined by the free school’s agreed financial plans and information from the commissioning local authorities.

Special free schools’ continuing financial viability will depend on local authorities continuing to place children and young people with EHC plans in those schools, with the procedures for that (including the relevance of parental preference) being set out in law. It is therefore important that the school proposers offer the type of places that local authorities need, at a cost they are prepared to fund.

Local authorities decide how many places a special free school will be funded for in the upcoming year from the school’s second year of opening, in discussion with the school. The funding will be paid by ESFA directly to the free school, with the equivalent amounts deducted from the local authority’s dedicated schools grant (DSG).

In addition, special free schools receive top-up funding. The specific rate of top-up funding is detailed in Bury Council’s specification document.

See the guidance on high needs funding arrangements for more information.

Annex D: how we use your personal data

The Department for Education will become the data controller for personal information collected on the:

• pre-application registration form
• Word and Excel application forms
• suitability and declarations form

We are responsible for ensuring that this information is processed in accordance with the requirements of data protection legislation. Any third parties processing personal information on behalf of the Department for Education will be acting as its data processors.

How we will use your information

Personal data is collected on the pre-application registration form, the Word and Excel application forms and the suitability and declarations form so that we can consider the application to set up a free school.

The nature of your personal data we will be using

The categories of your personal data that we will be using for this project are:

• names
• date of birth
• current and previous positions and job titles
• companies and organisations
• contact details (work postal address, email address and phone number)

We may also process special category data if declared under section 5 of the suitability and declarations form or when undertaking due diligence checks on applications. This may include information relating to:

• character declarations, including details of unspent convictions, motoring offences, police cautions, insolvency and bankruptcy
• health declarations
• any orders made against you in relation to working with vulnerable individuals
• addresses for the last 5 years
• passport details
• driving licence details

Why our use of your personal data is lawful

For the purpose of this project, the relevant conditions we are meeting are:

• Article 6 (1)(e) of the General Data Protection Regulations (GDPR)
• Article 9 (2)(g) GDPR

Our processing of personal and special category data is necessary for reasons of substantial public interest for the exercise of our functions as a government department.

Publication

We will publish a full list of applications we receive. This will include the proposed school’s name, phase and faith ethos.

If your application to set up a new school is successful, we may also publish the full application. The following information will be redacted from the application and will not be visible to the public:

• private addresses
• private email addresses
• private telephone numbers
• commercially sensitive information
• specific site locations
• CVs

All other information, including the names of individuals and organisations mentioned in the application, may be published.

Any individuals or organisations that you have named in your application that their information will be processed by the Department for Education during the assessment stage.

Who we will make your personal data available to

We sometimes need to make personal data available to other organisations. These might include contracted partners (who we have employed to process your personal data on our behalf) or other organisations (with whom we need to share your personal data for specific purposes).

Where we need to share your personal data with others, we ensure that this data sharing complies with data protection legislation. For the purpose of this project:

• as you are submitting applications to both the Department for Education and Bury Council, the local authority will view your personal data as part of the decision-making process
• education advisers and independent panel members will be viewing your personal data as part of the decision-making process
• we will share personal data with advisory board members as part of the decision-making process
• we will share your personal information with third parties for the purpose of conducting checks on your suitability to run a free school

How long we will keep your personal data

We will only keep your personal data for as long as we need it for the purpose of this piece of work, after which point it will be securely destroyed. We estimate that we will keep your personal data for no longer than 10 years.

Under data protection legislation, and in compliance with the relevant data processing conditions, we can lawfully keep personal data processed purely for research and statistical purposes indefinitely.

Your data protection rights

Under certain circumstances, you have the right to:

• ask us for access to information about you that we hold
• have your personal data rectified, if it is inaccurate or incomplete
• request the deletion or removal of personal data where there is no compelling reason for its continued processing
• restrict our processing of your personal data (such as permitting its storage but no further processing)
• object to direct marketing (including profiling) and processing for the purposes of scientific or historical research and statistics
• not be subject to decisions based purely on automated processing where it produces a legal or similarly significant effect on you

You have the right to raise any concerns with the Information Commissioner’s Office (ICO) via their website at https://ico.org.uk/concerns/.

Contact

If you have any questions about how your personal information will be used, contact us’ and enter ‘special free schools’ as the reference. For the Data Protection Officer (DPO), mark it for the attention of the ‘DPO’.