Purpose

Lambeth faces a significant challenge due to
falling primary school rolls, with over 4,000 unfilled places
across the borough’s primary schools. In, an effort to
sustain the quality of education and ensure the long-term viability
of efficient schools, a series of school closures and amalgamations
were approved at the Formal Cabinet meeting in November 2024. These
included the proposed closure of Fenstanton Primary School and Holy
Trinity Church of England Primary School. Both schools had
experienced some of the most severe declines in pupil numbers in
the borough; for example, only five families selected Holy Trinity
as their first preference for Reception in 2025.

As part of the closure proposals, Cabinet agreed to a
'modification', a provision to consider a viable and workable
amalgamation proposal from the governing body of Holy Trinity and
Fenstanton. However, in May 2025, Lambeth identified that this
modification was likely to be unlawful. Furthermore, even if
lawful, the governing body proposal failed to adequately address
the critical issues of their falling pupil numbers and financial
unsustainability and therefore would not have been appropriate
based on its merits.

Subsequently, the Southwark Diocesan Board of Education (SDBE)
referred the matter to the Office of the Schools Adjudicator (OSA).
On 17 July 2025, the OSA published its decision, concluding that
the proposals were unlawful and that since there were no valid
closure proposals, both schools should remain open. Regarding the
proposed amalgamation, the OSA agreed with the Council that the
governing body of a community school does not have the legal
authority under the Education and Inspections Act (EIA) 2006 to
propose its own closure, specifically referencing Fenstanton
Primary School. The OSA did not rule on the educational merits of
the closure proposals.

However, on 12 May 2025 and without engaging in the statutory
consultation process, the Diocese unexpectedly published a separate
proposal to establish a new voluntary aided primary school in
Lambeth, effectively intended to replace Fenstanton and Holy
Trinity and to be situated on the Holy Trinity site. The Diocese
failed to consult before publishing its proposals, as required by
the EIA, or publish all the statutory information required to
accompany such a proposal as required by regulations under the EIA.
Despite the Council highlighting these and other legal deficiencies
in a letter to the Diocese dated 14 May 2025, the Diocese has
continued to pursue this unlawful course of action.
The Council is concerned that this latest proposal is creating
significant confusion among local parents and school
communities.

This report outlines the legal and procedural deficiencies of the
Diocese’s third proposal and recommends that the Council does
not approve the proposal, on the grounds that it is both unlawful
and inappropriate

Decision

To reject the Diocese’s
proposal to establish a new Voluntary Aided Church of England
Primary School in Lambeth.