The government plans to allow special faith-based academies to open for the first time, as well as scrapping a cap on the number of places awarded on a faith basis in new free schools.
Education secretary Gillian Keegan said that these proposals will mean “high-performing faith school providers will be able to create more good school places and create strong multi-academy trusts”.
The Department for Education said it wanted to explore how to improve provision for children with special educational needs and disabilities by opening special faith-based academies.
It is currently not possible for special schools to open as academies and be designated with faith status, the department said.
The plans are set out in a consultation, which the DfE had not published or made available at the time of writing.
Special schools at capacity
Ms Keegan admitted earlier this year that the government “haven’t built enough special educational needs places or schools”.
Government figures, published in March, showed that around two-thirds of special schools were at or over capacity in the past academic year.
The DfE is also consulting on scrapping the faith cap on new faith schools - something which the government considered doing but decided against in 2018 when schools minister Damian Hinds was the education secretary.
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 per cent of places. At least half of the school’s available places must be allocated without reference to faith-based admissions criteria.
The DfE claims some faith groups have felt unable to open new free schools and felt discouraged about bringing existing schools into academy trusts.
The cap has been seen as a barrier to the establishment of new Catholic free schools as it would potentially mean turning away Catholic pupils on the basis of their faith - something which the Catholic Education Service has previously said would breach canon law.
Ms Keegan said: “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.”
The Church of England’s chief education officer, Nigel Genders, welcomed the proposals.
He said: “By enabling Church of England special schools, we can serve the needs of more children in more communities, irrespective of their faith background.
“With over 50 per cent of schools now being academies it is vital to continue to develop the system to enable schools of all types to be part of a trust with a shared purpose and vision for the common good.”
Right Reverend Marcus Stock, Bishop of Leeds and chair of the Catholic Education Service, said: “These proposals are welcome. Dioceses are well placed to respond to differing local educational demands around the country, including the provision for children with special educational needs and disabilities. Parents can welcome this also.”
Cap was introduced ‘for a good reason’
However, Pepe Di’Iasio, general secretary of the Association of School and College Leaders (ASCL), questioned the decision to consult on scrapping the cap.
“The 50 per cent cap was introduced for a good reason - to provide a balance between the needs of faith groups to have access to schools which reflect their ethos and beliefs, while also ensuring that schools are accessible to local communities,” he said.
Mr Di’Iasio added that this “balance seems sensible and proportionate” and that ASCL had seen “no evidence that scrapping the 50 per cent cap will be of social or educational benefit”.
Paul Whiteman, general secretary of the NAHT school leaders’ union, said: “We are concerned that there is a danger that such a move could inadvertently lead to a sense of selection through the back door and could potentially make it harder for some pupils to get a place at their local school.
“Such a change in policy feels inappropriate so close to an election and is something that should be incorporated into a manifesto.”
Removing the cap is an ”unnecessary and potentially retrograde step”, he said.
For the latest education news and analysis delivered directly to your inbox every weekday morning, sign up to the Tes Daily newsletter
