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Faith schools reform: Everything you need to know

Documents reveal DfE plans to allow existing free schools to apply to lift 50% faith admissions cap

Freddie Whittaker

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The government would allow existing faith free schools to apply to lift the 50 per cent admissions cap under plans to scrap the rule, it has emerged.

And special academies with a faith 鈥渆thos鈥 would be allowed to apply to upgrade to a faith 鈥渃haracter鈥.

The Department for Education has published on plans announced today to scrap the 50 per cent cap on faith-based admissions to oversubscribed free schools and the block on faith special academies.

The announcement this morning referred only to new schools, but the consultation document reveals plans to let some existing schools apply for the freedoms.

Here鈥檚 what you need to know鈥

1. Free schools could prioritise faith 鈥榝or up to 100%鈥

Removing the 50 per cent cap would be delivered by 鈥渞emoving restrictions鈥 on faith based admissions in the free school funding agreement and updating the admissions code.

The change would mean oversubscribed free schools would be able to 鈥渁dopt arrangements鈥 within their oversubscription criteria 鈥渢hat allow the priority for admission on the basis of faith for up to 100 per cent of those admitted鈥.

Where a free school designated with a religious character is not oversubscribed, it 鈥渕ust continue to admit all pupils regardless of faith and would be unable to refuse admission to pupils not of the faith鈥.

2. Existing religious free schools can apply

The change would apply to all free schools designated with a religious character, 鈥渋ncluding open schools鈥.

Existing free schools designated with a religious character who wish to remove the cap 鈥渨ould need to apply to vary their funding agreement to affect the change鈥.

They would 鈥渁lso need to consult on a change to their admission arrangements should they wish to change their faith-based oversubscription criteria as a result鈥.

At present, 95 of the 508 open free schools have a faith designation.

3. 50% cap hasn鈥檛 achieved ‘planned diversity’

The DfE said the admissions cap policy, introduced in 2010, had 鈥渘ot been particularly successful in achieving high levels of diversity within faith free schools as originally intended鈥.

They said that when measuring by ethnicity data, the intake for free schools designated for minority faiths such as Islam, Judaism, Sikhism and Hinduism, is 鈥渓argely made up of pupils of similar ethnic backgrounds鈥.

鈥淲hile ethnicity data is not a perfect match to religious affiliation, national census data suggests strong correlations between religion and ethnicity, and it does demonstrate a high degree of diversity is not apparent in faith free schools that are subject to the 50 per cent rule.鈥

4. VA school drive did not bear fruit

The government announced plans to scrap the cap in 2016, but plans were shelved in 2018 in favour of a move to make it easier to open new voluntary-aided schools.

But the DfE admitted today that scheme 鈥渞esulted in one new Catholic school which opened in September 2022 and one Church of England school which is currently expected to open in September 2024鈥.

There are 鈥渘o plans to run a further round of the scheme鈥.

5. Special academies can apply for faith 鈥榗haracter鈥…

At present, special academies and free schools can only operate with a 鈥渇aith ethos鈥, not a 鈥渇aith character鈥.

Faith character gives schools freedoms to make staffing decisions based on religion and over religious education, for example.

Ministers propose a change of policy that would allow new special free schools to apply for faith character designation.

This would also apply to existing special academies that already have a registered 鈥渇aith ethos鈥, and to existing maintained, independent or non-maintained special schools that want to become a new special academy.

6. …but not all freedoms will apply

The DfE said it anticipated that the proposal 鈥渨ould be of interest to and therefore affect, a relatively small number of schools, especially to begin with鈥.

It said special academies granted religious character under the scheme would benefit from 鈥渟ome, but not all, of the specific 鈥榝reedoms鈥 that apply to mainstream schools鈥.

These include freedoms relating to 鈥渟taffing, religious education, and collective worship鈥.

However, 鈥渢hey would not be able to admit pupils based on faith鈥.

7. EHCP parents can request faith SEND school鈥

For pupils with an education, health and care plan, parents are already allowed to request a denominational school.

Parents 鈥渨ould retain this right under the new policy and be able to request a special academy that has been designated with a religious character鈥.

8. 鈥ut LAs can block 鈥榰nsuitable鈥 placements

However, if the local authority considers the placement would be 鈥渦nsuitable for the individual pupil鈥檚 need or would not be efficient for the school or the wider system, then the preference can be superseded鈥.

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