Summary
These 2006 Regulations prescribe the procedural requirements for establishing new secondary schools in England under section 66 of the Education Act 2005. They specify: consultation requirements with numerous bodies (governing bodies, diocese, MPs, councils, Learning and Skills Council, etc.); notice and publication procedures in newspapers and public places; timelines including 4-month consultation intervals, 3-week publication windows, and 6-week objection periods; the role of school organisation committees and adjudicators; requirements for public meetings; and modifications toSchedule 10 procedures for related proposals. The regulations also amend the Education (School Organisation Proposals) (England) Regulations 1999 and revoke earlier 2003 regulations.
Reason
These regulations impose extensive bureaucratic barriers to establishing new secondary schools, creating a multi-layered approval process involving local education authorities, school organisation committees, adjudicators, and numerous mandatory consultation requirements. Such procedural complexity favors incumbent interests, drives up costs, and suppresses private or foundation school alternatives—directly contributing to the restrictive supply of educational options. The requirement to consult dozens of bodies (diocesan boards, MPs, parish councils, feeder school governors, neighbouring LEAs, trade unions) before any proposal can advance adds delay and expense without demonstrated corresponding benefits. A dynamic free-trading Britain should enable faster, more market-responsive school provision rather than preserving a process that effectively blocks competition in secondary education.