Will the Minister outline how a community-based school applies to become a school of religious character, not faith schools, when the local authority says it does not have the capacity to undertake the consultation process?
In accordance with the School Standards and Organisation (Wales) Act 2013, no alteration may be made to a maintained school that changes its designated religious character or causes a school to acquire or lose religious character. A school must first close if it wishes to acquire or change religious character.
Community schools are not permitted to have a religious character. In order for a community school to become a voluntary aided school with a religious character the local authority would first have to make proposals to close the existing community school. An appropriate promoter would then need to propose to establish a new voluntary school.
Alternatively, the governing body would have to make proposals to change the category of the school so that it became voluntary controlled (or aided). It could then propose to close the school and an appropriate promoter would propose to establish a new voluntary school with a religious character.
The procedures that governing bodies or local authorities would need to follow, including formal consultation, publication of a statutory notice and determination, to execute such changes are explained in the School Organisation Code: school-organisation-code-second-edition.pdf (gov.wales).
The proposer would need to apply to the Welsh Ministers for the new voluntary school to be designated as a school which has a religious character in line with the relevant regulations.