Receive a decision
Decision maker
The local authority is responsible for deciding the proposals, unless it is making its own proposals, or has an interest in another set of proposals for a Trust school where:
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the authority or anyone it appoints is to be a member of the foundation
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the authority or anyone it appoints is to have voting rights in the foundation
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anyone the authority appoints is to be a charity trustee of the foundation.
The local authority must pass all of the proposals to the schools adjudicator for a decision where it:
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has an interest in competing proposals as defined above
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fails to reach a decision within two months from the end of the six-week representation period or, if later, the date on which it received the information required by regulations.
Academy proposals
If the local authority receives any proposals for an Academy either it or the schools adjudicator, whichever is to make the decision, will consult the Secretary of State within one week of receiving the proposals before making a decision.
The Secretary of State will confirm whether he would be willing, in principle, to begin negotiations with a view to entering into an agreement for setting up an Academy.
Decision criteria
When considering the proposals the local authority or schools adjudicator must have regard to guidance issued by the Secretary of State. It is up to them to decide how much weight to give to the factors considered in each particular case.
The local authority or schools adjudicator can reach one of three decisions on the proposals:
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approval of one set of proposals
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approval of one set of proposals with modification, eg the school's opening date
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rejection of all the proposals.
Decision notification
If the local authority is deciding the proposals it will make a decision within two months of the end of the representation period. There is no prescribed timeframe for an adjudicator's decision. Whichever decides you will receive a letter notifying you of the decision and the rationale for that decision.
Grounds for appeal
You cannot appeal against a decision by the local authority or schools adjudicator in a new schools competition.
