Monday 8th May 2017

In our bulletin of 20 April we summarised the likely impact of the pre-election “Purdah” period in terms of DfE decision-making.  Further to a recent conference call with the DfE, we can now provide further clarity on this.

Purdah commenced at midnight on Friday 21 April and during this period the activities and decision-making of the DfE will be subject to the general restrictions set out in the Cabinet office guidance.   

The DfE has confirmed that:

  • it will continue to implement decisions made prior to the start of Purdah, except for any cases which are considered particularly controversial locally and may distract attention from the General Election campaign; and
  • it will not make any new decisions during Purdah (other than issuing academy orders for forced conversions of underperforming schools). 

What this means for specific types of projects:

Academy Conversions
  • no new academy orders will be issued during Purdah (other than for forced conversions of underperforming schools);
  • where an academy order has been issued before Purdah, the DfE will continue with the conversion including entering into the funding agreement, except for any cases that the relevant Regional Schools Commissioner (RSC) considers are particularly controversial locally and may distract attention from the General Election campaign. 

On this basis, most 1 June academy conversions are still able to proceed as planned.  As previously indicated, if the Conservatives are re-elected and current academy policy continues, we anticipate that it could still take a little while for normal business to resume, meaning that projects aiming for completion on 1 July and later dates may be subject to delay.

Significant Change process for Academies (e.g. change of age-range)
  • RSCs will not approve new applications during Purdah;
  • Applications which received RSC approval prior to Purdah will continue to be implemented, including entering into a deed of variation to the academy’s funding agreement, except for any cases that the RSC considers are particularly controversial locally and may distract attention from the General Election campaign. 
Transfers and ‘SAT to MAT’ processes
  • RSCs will not approve new applications during Purdah;
  • Applications which received RSC approval prior to Purdah will continue to be implemented, except for any cases that the RSC considers are particularly controversial locally and may distract attention from the General Election campaign. 
Articles amendments where ESFA consent required

We understand that smaller changes which follow the DfE model documents may be approved during Purdah but changes which do not follow the model documents and may be seen as more controversial will likely need to wait until after the election.

For further information or advice please contact

Roger Inman
07946 181235
Click here to email Roger