Equality Impact Assessment
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Title of Project/Service/Policy |
Schools Basic Need Capital Programme |
Directorate |
Children’s Services |
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Team/Department |
Education Division, Children’s Services Department |
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Provide a comprehensive description of your Project (Service/Policy, etc.) including its Purpose and Scope |
The main purpose of the school basic need capital programme In accordance with the Education Act 1996 (as expanded by the Education and Inspections Act 2006), local authorities have a statutory duty to ensure there are enough school places available in their area to meet demand. East Sussex County Council (the local authority) is responsible for promoting a good supply of places at strong schools through planning, organising, and commissioning places in a way that raises attainment, increases diversity, encourages collaboration between schools and promotes community cohesion. To achieve this, we work closely with key stakeholders including school leaders and governors, academy trusts, the dioceses, local planning authorities, parents and carers and local communities.
The School Organisation Plan (SOP) 2025 to 2029 sets out how the local authority seeks to meet the challenge of ensuring there are sufficient primary, secondary, and special school places in the right locations to meet demand. The SOP is produced annually by the Education Division, Children’s Services Department. The current version of the SOP was approved for publication by the Lead Member for Education and Inclusion, Special Educational Needs and Disability on 3 December 2025.
Proposals for new schools and school expansions are based on information contained in the SOP. The SOP is informed by the local authority’s pupil forecasting model which is revised annually and considers factors such as:
The local authority will consult with key stakeholders when developing proposals to provide new places. When considering proposals to add new places to meet demand the local authority will take account of the following principles:
In addition to the provision of permanent school places, where pupil growth is identified as a short-term issue, a 'bulge' in pupil numbers, the local authority will use temporary accommodation to ensure it can react quickly to provide additional places in areas of pressure. Using temporary accommodation is a recognised way of providing additional places in the short term and it provides a valuable and flexible resource to enable the local authority to fulfil its obligations. An annual temporary accommodation programme is funded from the school basic need capital programme to facilitate this.
In the medium-term financial plan (MTFP) period, we are:
· delivering a project to reorganise and enlarge Acre Wood Academy in Crowborough · working with mainstream schools to establish new or enlarge existing specialist facilities · supporting the provision of new accommodation in Hastings for East Sussex Academy (Alternative Provision)
Births Births in East Sussex peaked at 5,500 in the academic year 2010/11. Since then, countywide births have fallen to below 4,300 in 2022/23. Based on historic patterns of 11-to-13-year cycles of peaks and troughs, birth numbers may begin an upward cycle soon. However, the declining fertility rates currently being witnessed not only in East Sussex, but in most of the UK and in many parts of the world, may mean that previous cyclical patterns are not repeated. Births in East Sussex for 2023/24 are around 80 up on the previous year, but it is not clear whether this is just a blip or marks the start of a prolonged recovery.
Primary school numbers The fall in countywide births is reflected in falling primary reception (Year R) intake numbers, at least until 2027/28. The local authority’s latest pupil forecasts are showing numbers beginning to recover beyond this point. However, intake forecasts beyond 2028/29 are based on demographic projections of future births rather than actual live birth or GP registration data and are less certain. Even if births do continue to follow their normal cyclical patterns, we may not see high Year R numbers across the county generally until the 2030s.
However, in some areas of the county where high volumes of new housing are planned, numbers in Year R may rise sooner than in other parts of East Sussex.
Total numbers on roll in primary schools peaked in 2018/19 and are now in decline, currently leaving around 11% surplus places overall, although this margin varies from area to area. By 2028/29, surplus places are forecast to rise to 15%.
Secondary school numbers Earlier high numbers in primary schools were reflected in rising Year 7 secondary school intakes until 2022/23 when they peaked. Year 7 intakes are now in decline.
Total secondary school numbers peaked in 2023/24. With secondary school numbers now falling, surplus places, currently at 13% countywide, are predicted to rise to 15% by the end of the plan period.
Special Educational Needs and Disability (SEND) In 2024/25, the number of school aged children (aged 4-18) in East Sussex with an Education, Health and Care Plan (EHCP) was 4,481. There were also 412 young people aged 19-25 with an EHCP who need continued support to transition to adulthood.
Over the next four years, the local authority forecasts that overall numbers of school aged children with EHCPs will grow, by around 22%, to nearly 5,500.
School age children with Education, Health and Care Plans
The number of children and young people identified as autistic is growing year on year and is translating into rapidly increasing numbers of EHCPs issued with a primary need classification of Autistic Spectrum Disorder. There are no signs of this trend reducing.
The local authority has seen a post Covid upturn in the number of plans being issued with a primary need classification of Speech Language and Communication Need. There has also been a growth in the number of children presenting with mental health needs that are impacting on school attendance, which has resulted in increases in demand in the area of Social Emotional and Mental Health needs. In the past year there has also been a jump in the number of children with a primary need of Moderate Learning Difficulties.
The number of plans issued for other primary need groups are mainly stable or falling. EHCPs by primary need group
In 2024/25, there were 2,071 East Sussex resident children and young people on roll in special schools. 1,907 were in schools in East Sussex and 164 were in schools in other authorities. 1,568 were in maintained provision (including academies) and 503 were in non-maintained and independent special schools. A further 225 East Sussex resident children and young people were in specialist facilities in mainstream schools.
Since 2020/21, the biggest need has been for places in maintained special schools and special academies followed by funded places in mainstream schools.
EHCPs by Type of Provision Needed
The number of children and young people deemed to require a special school place has risen by over 600 (42%) in the past four years. The number of pupils placed in maintained special schools has risen by approximately 400 (35%); the number of places in independent and non-maintained special schools has risen by approximately 200, a 66% increase.
The following table compares the combined capacity of places in special schools and specialist facilities in mainstream schools with the current and forecast need for such places. The local authority does not have data on available places in independent special schools. In reality, most of the current shortfall in places shown in the table is being met by independent special school placements.
Need for Special School Places from 2022/23 to 2027/28
The local authority has to use high cost independent and non-maintained special school provision to meet the demand for specialist placements. This is because there is insufficient capacity in state run provision. If current placement trends continue over the period to 2028/29, the effective shortfall in state run specialist provision is forecast to increase by over 500 places.
Figures for 2024/25 show that 2.3% of all pupils in state-funded schools in East Sussex are in special schools. This compares to the national average for England of 2.0%. (Schools, Pupils and Their Characteristics, Department for Education, 2025).
Implementation of the school basic need capital programme The local authority will work in partnership with schools, academy trusts, dioceses, consultants, contractors, and other key partners to deliver the school basic need capital programme. The programme is overseen by the Schools and Assets Sub Board which reports to the Capital and Asset Strategy Board. Projects are managed by the Capital Projects Team in the Business Services Department.
Where applicable, before a project is taken forward in the capital programme a statutory consultation and EqIA would be undertaken to gauge opinion for the proposal and to identify any potential equality barriers. The local authority engages with groups of schools, academy trusts, dioceses, district and borough councils and local communities in drawing up proposals for school expansions and/or the establishment of new schools. Where required, the Lead Member for Education and Inclusion, Special Educational Needs and Disability would make final decisions on individual proposals following statutory consultations with key stakeholders.
Legal duty Local authorities are under a statutory duty to ensure the sufficiency of school places in their area, working within a national framework in relation to education provision and school planning:
New Schools Currently, where a local authority identifies the need for a new school, to meet basic need, section 6A of EIA 2006 places the local authority under a duty to seek proposals to establish an academy (free school) via the ‘free school presumption’. The local authority is responsible for providing the site for the new school and meeting all associated capital and pre-/post-opening revenue costs. All new free school presumption proposals require the Regional Director’s approval, on behalf of the Secretary of State, as it is the Secretary of State who would enter into a funding agreement with the academy trust/sponsor.
If the free school presumption does not result in a suitable proposal, a statutory competition can be held under ‘section 7’of EIA 2006. This would not require a separate application for approval, since the Secretary of State would inform the local authority that approval to hold a competition is given at the same time as informing the local authority that no suitable free school was identified. Free school presumption proposals and proposals for foundation, foundation special and voluntary schools can be submitted into the competition. However, the Regional Director would consider any free school proposals first when making a decision on the case.
It is possible for local authorities or other proposers, in certain circumstances, to publish a proposal for a new maintained school outside of the competitions processes. This is done under section 11 of EIA 2006. It is also possible to apply to the Secretary of State for consent to publish proposals to establish a new maintained school under section 10 of EIA 2006.
Expansion of existing schools Local authorities wishing to propose the expansion of a maintained school can do so by following a statutory process in accordance with the Education and Inspections Act (EIA) 2006 as amended by the Education Act (EA) 2011 and The School Organisation (Prescribed Alterations to Maintained Schools) Regulations 2013.
Stakeholders are consulted on maintained school proposals in accordance with statutory requirements. Statutory consultations relating to maintained school proposals can be found on the local authority’s consultation hub at: Consultations in East Sussex.
Academies wishing to make a significant change, as defined in the Academies Act 2010, must seek the approval of the Regional Director for Education who would decide (on behalf of the Secretary of State) whether proposals are in line with the needs of the local area. Consultations relating to a significant change to an individual academy should be found on that academy’s website.
Who is affected by the school basic need capital programme The proposals would affect children and young people of primary and secondary school age both in mainstream and special school settings.
At the October 2025 school census, there were 65,913 children and young people on roll in our primary, secondary, and special schools (excluding PRUs):
Source: October 2025 school census
Of the 65,913 children and young people on roll in East Sussex schools (excluding PRUs) in October 2025, 32,076 (48.7%) were female and 33,837 (51.3%) were male:
Source: October 2025 school census
The data above shows that girls attending school in East Sussex are under-represented compared to boys who are over-represented.
The local authority does not believe that any one gender would be more affected by any proposals than the other as all state-funded schools in East Sussex are co-educational.
12,806 (19.4%) children and young people on roll in East Sussex schools (excluding PRUs) had special educational needs (SEN):
Source: October 2025 school census
Children and young people of school age in areas of basic need (including those with SEN) are likely to be more affected by the proposals than children and young people in other areas of the county where there is not predicted to be pressure on school places.
The local authority is very experienced in construction projects at schools and the health and safety of children and staff is paramount when any building project takes place. Build programmes would be developed to minimise disruption to teaching and learning during this time. Each proposal would have a positive impact as all new and extended provision would help to meet demand for places in a local area and would be compliant with DDA regulations and the Equality Act 2010 for pupils and staff with a disability.
At the January 2025 school census, there were 11,680 minority ethnic children and young people on roll in East Sussex schools (excluding PRUs):
Source: January 2025 school census
We do not believe that minority ethnic children and young people would be more affected by any proposals than those in the general population who do not share that protected characteristic as new places would be provided for everyone.
Each proposal would have a positive impact on local school age children and young people and their families, including those from different ethnic backgrounds, as they would enable more children and young people to access a school place in their local area.
There is a broad and diverse range of school provision for children and young people in East Sussex: On 1 October 2025, there were 185 state funded schools, of which 170 are mainstream schools (primary, secondary and all-through) and 15 are special schools and alternative provisions. Of these:
At the October 2025 school census, 8,243 children and young people were on roll in the 54 local authority-maintained faith schools (VC or VA) in East Sussex:
Source: October 2025 school census. Note: These figures do not include pupils on roll in academies which are also church schools
Most faith schools are also community schools in that they accept pupils of different faiths or no faith. It is possible that some school expansion proposals which come forward in the future might be for VC or VA schools if that is considered the most appropriate solution to meet basic need in an area and there is sufficient demand for faith places to warrant expansion.
The local authority does not believe there would be an impact on people with different religions and beliefs as there would continue to be a diverse range of provision across the county for all children and young people. In accordance with DfE legislation, all schools must hold a daily act of collective worship that must be 'wholly or mainly of a broadly Christian character’.
Conclusion In conclusion, the local authority believes each proposal would have a positive impact on local school age children and young people and their families as it would enable more children and young people to access a school place in their local area. New special schools and specialist facilities would have a positive impact on children from a wider area who would be able to access provision more locally rather than attend provision further away sometimes out of the local area or even out of county.
Before each project is taken forward in the capital programme a statutory consultation and EqIA would be undertaken to gauge opinion for the proposal and to identify any potential equality barriers specifically related to that proposal. |
Update on previous EqIAs and outcomes of previous actions (if applicable)
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What actions did you plan last time? (List them from the previous EqIA) |
What improved as a result? What outcomes have these actions achieved? |
What further actions do you need to take? (add these to the Action Plan below) |
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This is an update of the Equality Impact Assessment completed in 2025 |
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