Academy Schools: Setting-Up, Independence & Conversion
The transition from state-controlled schools to independent state-funded Academies is one of huge significance in our educational system.
Once a school has asked and answered the question: Why make the transition? It then has to come to terms with: How?
Becoming an Academy
Following the passing of the Academies Act 2010, it is now possible for publicly-funded schools in England to become Academies, one of the most radical reforms of the English school system for many years.
Academies are state-funded schools which benefit from a greater independence by being able, in addition to other matters, to not be bound by the National Curriculum, to set the level of teachers’ wages and benefits and to determine which suppliers will help run and maintain the school.
After registering an initial interest with the Department of Education, in addition to educational and assessment considerations, there is a substantial amount of red-tape for school Governors and Heads to consider.
Changing the school to a charitable trust means a myriad of new business contracts and funding issues, not to mention commercial land and property concerns and employee transfer requirements. This is a substantial process and in addition to making sure the school has the in-house capability to make and sustain the change, it also has to have the appropriate professional guidance and support.
Brethertons’ Academy Team can help guide your school management board through the initial phases of registering and feasibility, to changing status and implementation.
We are currently discussing the needs of several schools in helping them to achieve their academy status objectives.
How we can help?
To become an Academy School, we can help you every step of the way, you will need to:
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Understand the new Academy framework and documents required by the Department of Education and Secretary of State, the timeline involved and your new obligations
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Set up a Charitable Trust – setting up your Academy will include the drafting of the Memorandum and Articles to govern the charitable company which will own & manage the school and the transfer of the school’s assets and staff (the Transfer Agreement) to that new legal entity
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Assign your existing supplier contracts (usually detailed in the Transfer Agreement) and help create or negotiate, if necessary, new business contracts with them
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Transfer insurance, and software licenses, update website disclaimers and identify ownership of intellectual property rights
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Create new land and property contracts and transfer deeds, leases and secure land use and ownership to the Trust
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Manage the process of transferring all employees in accordance with the Transfer of Undertakings Regulations (TUPE) and other employment law issues
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Work out the priorities for the transfer – to include project-managing the process
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Calculate the budget and funding requirements including your professional fees
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Consider the Funding Agreement (including the annexes and exclusions and advise on options) whether primary, secondary, special or boarding school and establish the new Academy bank account
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Provide guidance and training for new employees and Governors and/or Trustees in understanding the requirements of their new roles and the Academy’s obligations.
You will require a professional team of advisers who can offer the range of services you will need to consider a transition, make the transition and implement the transition. Brethertons LLP does have a network of advisers that are able to provide accounting, tax, pension and property management advice if you do not already have access to that expertise.
We are also committed to be your legal advisers for the long term and will be able to provide on-site and remote (eg. through webinars) training and other services to ensure that your ambitions to grow and develop your school are fully realised and informed.
