Across England, local authorities are facing a steady decline in pupil numbers. Schools which were once at full capacity now have surplus places due to falling birth rates, shifting housing patterns and increased parental choice. The result is underutilised educational buildings and, in many cases, half-empty classrooms.
Lara Newman, Chief Executive of LocatED, recently highlighted a reality that those of us working in public sector property have also considered: local authorities simply cannot afford to carry the cost of running substantially empty schools. Heating, maintenance and compliance overheads remain largely fixed irrespective of pupil roll. As Newman rightly notes, “finding some medium term way of usefully utilising” vacant school space is “absolutely crucial”.
The press has recently highlighted Bridgemary School in Hampshire which has capacity for 1,200 pupils but is operating at around 50% occupancy. In 2019, the school took the innovative step of welcoming an NHS mental health support team onto its premises which brought children’s services closer to the community, reduced NHS accommodation costs and helped the school generate income to support the education of students.
We have also seen community interest companies operate “winter warm hubs” for older residents, after‑school provision for young people with SEND, and dedicated prayer space for women and children on under‑utilised school sites. There is a breadth of community benefit that can be unlocked when schools view their estates as civic assets rather than static educational silos.
The Birketts view
The legal and practical considerations should not be underestimated. For schools and local authorities contemplating alternative uses of surplus space, it is essential to address the longer term implications at the outset. If demographics shift or housing growth materialises, pupil numbers could rise again. Any occupation arrangement must therefore preserve the ability to return the space to educational use without onerous cost or delay.
This requires thoughtfully structured agreements that allow schools to regain possession when required, often through short-term licences or flexible leases. Safeguarding, security and operational compatibility also demand careful planning to ensure that sharing the space does not compromise the school’s primary function.
Further, there are many statutory protections ascribed to land utilised for educational purposes, and third-party consents (for example, from the Department of Education) are required for most, if not all, dealings with such spaces.
The greatest risk sits with the permanent disposal of school land. Once a site is released and redeveloped for non‑educational use, reacquiring equivalent land in the future may prove difficult, both from a financial and planning perspective.
Yet when managed prudently, the occupation of spare school space by health providers, community groups and voluntary organisations represents a compelling solution. It supports local services, provides sustainable revenue streams for schools, and ensures that public assets continue to serve the communities in which they sit.
The reduction in pupils within local schools presents undeniable challenges, but with strategic foresight and sound legal frameworks, they also offer a unique opportunity to reshape how educational estates support wider community resilience.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at March 2026.