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A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Government launches consultation on lifting 50% cap on faith school places

The Government has this month (1 May) launched a consultation on lifting the 50% cap on faith school places alongside proposals on opening special faith-based academies.

The faith cap means that if a new free school with religious character is oversubscribed, it can only prioritise pupils based on faith for 50% of places. At least half of the school’s available places must be allocated without reference to faith-based admissions criteria. 

Under the new proposals, faith schools in England will no longer have to offer up to half of their places to children who don’t belong to their religion.

Further, churches and religious groups will be allowed to open special faith-based academies for children with special educational needs and disabilities (SEND).

It is currently not possible for special schools to open as academies and be designated with faith status. 

There are almost 11,000 academies in England, representing over half of state-funded schools, according to Government data updated this month.

The Department for Education (DfE) said: “High quality multi-academy trusts have been key to the increase in standards in schools since 2010. The best trusts have transformed the life chances of their pupils, including thousands of children from disadvantaged backgrounds.

“Today’s consultation will explore how to maximise the benefits that high quality academy trusts deliver, and in particular how to improve provision for children with SEND.”

The consultation will run until 20 June 2024.

Education Secretary Gillian Keegan said: “As someone who attended a faith school as a child and having worked closely with our leading faith groups as Education Secretary, I’ve seen first-hand how their values and standards so often give young people a brilliant start in life. 

“Faith groups run some of the best schools in the country, including in some of the most disadvantaged areas, and it’s absolutely right we support them to unleash that potential even further – including through the creation of the first ever faith academies for children with special educational needs.”

Lottie Winson