School organisation code

The School Organisation Code is made under sections 38 and 39 of the School Standards and Organisation (Wales) Act 2013, which requires the Welsh Ministers to issue a Code on school organisation, which they may time to time revise.

The latest version of the Code was issued in 2018. The Code has been reviewed after over five years of operation and we have identified a number of amendments that need to be made. The majority of these amendments reflect changes to legislation and policy that have taken place since the Code came into force or clarify requirements relating to legislation that was in place at that time.

In accordance with section 39 of the 2013 Act, before issuing or revising a Code under section 38, the Welsh Ministers must consult on a draft of the Code. This consultation therefore seeks views on the draft third edition of the Code which is appended to this consultation document.

This consultation seeks views on a draft revised third edition of the School Organisation Code. The draft Code makes changes to the second edition of the Code which was issued in 2018. The majority of these changes reflect changes to legislation and policy that have taken place since the second edition of the Code came into force.

The School Organisation Code (“the Code”) is issued under sections 38 and 39 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”), which requires the Welsh Ministers to issue a Code on School Organisation.

The Code imposes requirements and includes guidelines setting out aims, objectives and other matters in respect of school organisation. Relevant bodies (the Welsh Ministers, local authorities, the governing bodies of maintained schools, promoters of proposals to establish voluntary schools and more recently, the Commission for Tertiary Education and Research) must when exercising functions under Part 3 of the 2013 Act, act in accordance with any relevant requirements contained in the Code and have regard to any relevant guidelines contained in it.

When bringing forward proposals to make significant changes to schools, including establishing a new school, closing or making a regulated alteration to an existing school there are statutory procedures which must be followed. In the first instance, the local authority or other proposer must consult on its proposal explaining the reasons for bringing forward the proposal. They must ensure that consultees have sufficient information to allow them to form a considered view and must make suitable arrangements for them to express those views.

Following the consultation the proposer must publish a consultation report summarising the issues raised and its response to those issues. If, in the light of the responses to the consultation, the proposer decides to proceed, they must publish a notice setting out the details of the proposal and inviting anyone who wishes to do so to object in writing within a period of 28 days.

Any matters raised as objections in the objection period of the statutory notice must be addressed in an objection report which will be considered prior to a final decision on the proposal.

The second edition of the Code was issued in 2018. The Code has been reviewed after over five years of operation and we have identified a number of amendments that need to be made.

The majority of amendments reflect changes to legislation and policy that have taken place since the second version of the Code came into force or, as in the case of the Welsh Language Standards (No.1) Regulations 2015, reinforce requirements relating to legislation that was in place at that time. A summary of these changes is set out below:

The Welsh Language Standards (No.1) Regulations 2015

The Welsh Language Standards (No. 1) Regulations 2015 (“the 2015 Regulations”) specify standards in relation to the conduct of certain bodies (the Welsh Ministers, county and county borough councils and National Park authorities). Standards include service delivery standards, policy making standards, operational standards, promotional standards, and record keeping standards.

Schedule 2 of the 2015 Regulations sets out policy making standards which require bodies to ensure that due consideration is given to the effects of policy decisions on opportunities to use the Welsh language and not to treat the Welsh language less favourably than English. Policy making standards 88 to 97 are relevant to school organisation proposals as bodies must comply with them when making all policy decisions, including school organisation proposals. In relation to statutory proposals, the duty is not limited to proposals in respect of Welsh language schools, it applies to proposals relating to all maintained schools, regardless of their language category.

Under standards 91, 92 and 93, consultation documents must consider the impact of a policy decision on the Welsh language and also seek views on the impact of the policy decision on the Welsh language.These are separate requirements, which means that there has to be an impact assessment and then questions have to be asked about that assessment.

The Code has been updated to reflect the 2015 Regulations including the policy making standards. In doing so the Code requires a Welsh Language Impact Assessment to be undertaken for all statutory proposals. This must be included as part of the consultation document or published alongside it.

Cymraeg 2050 

The Code has been amended to align with Cymraeg 2050, the Welsh Government’s strategy for a million Welsh-speakers, and the targets set within each local authority’s 10-year Welsh in Education Strategic Plan (WESP) which supports that ambition. Given the importance of the education sector as a whole in creating new Welsh speakers the Welsh Government expects that planning and development of school organisation proposals reflect Cymraeg 2050 ambitions and support the targets within the local authority’s WESP.

In July 2024 the Welsh Government introduced the Welsh Language and Education (Wales) Bill. Proposals within the Bill include, among other things, establishing a statutory system of categorising the Welsh language provision of maintained schools according to language medium and reforming how local authorities plan Welsh language provision in schools in order to meet targets set by the Welsh Ministers. Subject to the Bill becoming law, the School Organisation Code may require further changes in future to reflect these reforms.

The Additional Learning Needs and Education Tribunal (Wales) Act 2018

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”) establishes the statutory system in Wales for meeting the additional learning needs (ALN) of children and young people (the ALN system). It replaces the system for meeting the special educational needs (SEN) of children in schools and learning difficulties and/or disabilities (LDD) in further education.

Implementation of the 2018 Act commenced from 1 September 2021. The ALN system is being phased in over a period of four years up until summer 2025. During this time the ALN system will operate in parallel with the SEN system.

Until such time that the 2018 Act is fully in force, all references to Special Educational Needs (SEN) and SEN provision (SEP) within the Code now read as SEN/Additional Learning Needs (ALN) and SEP/additional learning provision (ALP) respectively.

The Curriculum and Assessment (Wales) Act 2021

The Code has been amended to align with the Curriculum and Assessment (Wales) Act 2021 ("the 2021 Act”), which provides for the introduction and development of the Curriculum for Wales for 3 to 16-year-olds in Wales.

The Tertiary Education and Research (Wales) Act 2022

The Tertiary Education and Research (Wales) Act 2022 (“the 2022 Act”) established the Commission for Tertiary Education and Research (“the Commission”). The Commission is the regulatory body with responsibility for the funding, oversight and regulation of tertiary education and research in Wales encompassing post-16 education, including local authority-maintained school sixth forms. It has the function to secure and fund the provision of proper facilities for the further education and training of post-compulsory learners aged 16 to 19.

The Welsh Ministers’ powers, under sections 71 to 76 of the 2013 Act, to re-structure sixth form education, will be repealed. A new Chapter 3A will be inserted into Part 3 of the 2013 Act to enable the Commission to take a more strategic approach, offering a wider perspective to school sixth form provision and ensuring it can support learner choice and progression.

Local authorities and governing bodies of foundation and voluntary schools retain their current functions in relation to bringing forward proposals relating to the organisation of school sixth forms. The Commission’s functions do not result in any loss of existing protections in relation to the publication, consultation, and ability to object to proposals and other significant provisions in the 2013 Act remain in place.

The Code has been amended to reflect the changes made to the 2013 Act by the 2022 Act in respect of school organisation.

Other changes

We have made some other changes to the Code to strengthen current requirements.

The Code sets a high standard for consultation, providing all those with an interest with an opportunity to make their views known and have them taken into account as part of the statutory process. Currently, proposers are required to publish key documents such as the consultation document, consultation report, statutory notice, objection report and decision notification on their website and advise a number of interested parties of their availability and that they can receive a copy on request.

We have amended the Code to require proposers to publish these documents on the local authority’s website as well as their own (where different) to ensure the widest circulation. We have also extended the list of parties who must be advised of the availability of the consultation document and that they can receive a copy on request.

Currently where a proposal involves the establishment of a new school the proposer must include information on the location in the consultation document, along with a range of other information. We have amended the Code to require proposers to provide a map alongside the information on location.

In accordance with the 2015 Regulations, we have clarified that a Welsh Language Impact Assessment is required for all statutory proposals regardless of the language category of the school(s) subject to the proposals. Annex C of the Code sets out the information to be included in the Welsh Language Impact Assessment. We have extended the list of information to ensure that assessments are robust and provide sufficient information to enable consultees to provide an informed response.

The prime consideration for all proposals is the impact on quality and standards of education. Advice from Estyn and Estyn Reports are key to establishing this, along with other evidence derived from performance monitoring. We have added reports of area inspections to the list of evidence proposers should consider.

We have provided clarity, where needed in respect of existing requirements arising from the 2013 Act, other relevant legislation and/or the Code itself. Additional footnotes to relevant legislation and policy documents have been provided throughout the Code. We have also improved the format of the Code including paragraph numbers for ease of reference.

We have amended references in the Code to ensure clarity and consistency in respect of the groups of learners or schools we are referring to. For example, references to ‘affected schools’, ‘schools likely to be affected’, ‘schools involved’ ‘alternative provision’ or ‘alternative school-based provision’ now read as either school(s) which are subject to the proposals, other schools or education institutions the proposer considers are likely to be affected by proposals or alternative schools or other educational institutions, as appropriate. The majority of references to pupil have been changed to learner.

We have also taken the opportunity to correct any typographical or grammatical errors. A full list of the changes made to the 2018 Code is included at the Annex.

The Welsh Government will be data controller for Welsh Government consultations and for any personal data you provide as part of your response to the consultation.

Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. The lawful basis for processing information in this data collection exercise is our public task, that is, exercising our official authority to undertake the core role and functions of the Welsh Government. (Art 6(1)(e)).

Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. In the case of joint consultations this may also include other public authorities. Where the Welsh Government undertakes further analysis of consultation responses then this work may be commissioned to be carried out by an accredited third party (for example a research organisation or a consultancy company). Any such work will only be undertaken under contract. Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data.

In order to show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. Normally, the name and address (or part of the address) of the person or organisation who sent the response are published with the response. If you do not want your name or address published, please tell us this in writing when you send your response. We will then redact them before publishing.

You should also be aware of our responsibilities under Freedom of Information legislation and that the Welsh Government may be under a legal obligation to disclose some information.

If your details are published as part of the consultation response, then these published reports will be retained indefinitely. Any of your data held otherwise by Welsh Government will be kept for no more than three years.

Under the data protection legislation, you have the right:

• to be informed of the personal data held about you and to access it
• to require us to rectify inaccuracies in that data
• to (in certain circumstances) object to or restrict processing
• for (in certain circumstances) your data to be ‘erased’
• to (in certain circumstances) data portability
• to lodge a complaint with the Information Commissioner’s Office (ICO) who is our independent regulator for data protection

For further details about the information the Welsh Government holds and its use, or if you want to exercise your rights under the UK GDPR, please see contact details below:

Data Protection Officer
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

E-mail: dataprotectionofficer@gov.wales

The contact details for the Information Commissioner’s Office are:

Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 0303 123 1113

Website: ICO website