Changes on the way for material change applications

The day-to-day running of independent schools means that directors, governors and trustees often have to consider a number of elements to ensure the smooth running of the school. For example:

• How many pupils will it admit
• Can the school cater for a particular age-range
• Does it have the facilities necessary to provide for students?

When changes need to be made, it’s sometimes necessary for regulatory approval to be sought before the change can be implemented.

What is a material change application?

Some changes in how a registered independent educational institution operates, including where there is a change of proprietor, require the prior approval of the Secretary of State. In these circumstances, an application needs to be made to the Department for Education.

Types of ‘material changes’ that may require approval include changes to the following registered details:

• Proprietor
• School address
• Age range of pupils
• School capacity
• Gender of entry
• Boarding provision
• Special educational needs admissions.

Most importantly, material change applications cannot be made retrospectively. They must be made before the change is introduced, therefore schools must be proactive rather than reactive to potential changes to their registered details.

Change is on the horizon…

December 2024 saw an announcement from the Government about the impending introduction of the Children’s Wellbeing and Schools Bill.

Along with a handful of key changes relating to school reform, home-education and safeguarding, which we considered in our recent articles (here), the Bill includes a key section which introduces changes to the scope of material change applications.

The proposed measures will redefine what constitutes a material change, introducing three new types, in addition to those currently in operation:

1. Where an institution occupies a building, routinely for students use, (or ceases to)
2. Where an institution becomes (or ceases to be) organised to make special educational provision for students with special educational needs
3. Where an institution organised to make special education provision changes the types of special educational needs catered for.

The basis on which applications are determined is also set to change. A material change application may be approved if the standards are being met at the time of the application and are likely to continue to be met in the future.

An application may also be approved even if the standards are not being met at the time of the application but are likely to be met immediately if the change is made (or within a reasonable period of the change being made) and if, in the interim, the change is beneficial overall to the education, welfare or safety of students.

The proposed changes provide greater scope for material change applications to be approved, especially if it can be evidenced that standards may be met at a particular point in the future.

The Bill still has to be debated in Parliament and, of course, there are likely to be changes as it navigates its way through the parliamentary process. We will provide a further update in due course.

If you have any questions in respect of the above issues, or anything in relation to material change applications, please get in touch with our specialist Education team.