Before 1It September 2026, the free school presumption guidance continues to apply.

This guidance is for people and organisations interested in opening a new school, including:

• local authorities
• proposers of new schools

It describes the process for establishing new schools under section 7 and section 10 of the Education and Inspections Act 2006. You should read it in conjunction with the supporting annexes on this page.

The Children’s Wellbeing and Schools Act 2026 changed the arrangements for establishing new schools, revoking section 6A and section 11 of the Education and Inspections Act 2006, and amending section 7 and section 10.

Local authorities can adapt the model specification in annex D to specify what they need from proposers.

New school proposers can use the proposal template in annex E to submit their proposals to the local authority.

Both local authorities and proposers should refer to the model criteria in annex F when seeking proposals or making applications.