Changing School Governance Arrangements Phil Weston Bradford Achievement Service

Slide 2 The Government’s Education Strategy The direction of travel is for school structural autonomy. Education and Adoption Bill. More Academies, Free Schools and Multi-Academy Trusts (MATs) Greater accountability All schools judged ‘inadequate’ will be expected to become sponsored academies. Regional Schools Commissioners (RSCs) will decide the sponsor, usually in consultation with the LA. RSCs will have a key role in intervening in “coasting schools “ (new definition based on 3 year trends starting 2014) New Early Years baseline assessments Raised bar for Key Stage 2 tests and new achievement measures at Key Stage 4

Slide 3 The Government’s Education Strategy Public finances will be restricted Particularly for local government, central government, post 16 and early years settings In theory schools’ budgets are protected but schools will face cuts as the protection does not cover inflation or additional staffing costs that are estimated to be up to 12% in real terms In summary – 3 competing drivers Autonomy Accountability Austerity

Slide 4 School autonomy and high accountability without the resources for capacity building can lead to 4 problems: Isolationism - Schools can become closed and insular – either due to over-confidence or due to insecurity or just because they are too busy Competition - A tendency for schools to compete so they are less likely to share and collaborate and to learn from each other Stuck schools - Those schools without capacity don’t get better Variability - Those with capacity and advantage tend to get better thus creating a bigger gap between good and not so good schools

Slide 5 Partnership and collaboration has to be the way forward: “There is a heap of evidence staring policy makers in the face that it is the collaborative group that accelerates performance. These results occur because day to day pressure and support is built into the work. It is social capital that has the quality and speed essential for whole system reform.” Michael Fullan

Slide 6 The Bradford Education Strategy The Three Key Principles All Bradford educational establishments, the local authority, the teaching school alliances and other partners have adopted the three key principles below. 1. Bradford is a sector led school improvement system, whereby all key stakeholders have a shared vision for improving educational outcomes. This implies that every child has a school place, that the needs of vulnerable children are catered for, that no school is left behind, that schools and academies are challenged to work together, that weak or declining performance is quickly identified and corrected, that data and knowledge are shared across schools and that there is accountability to local communities. 2. All schools belong to a partnership. Relationships remain vital, but are no longer enough on their own: schools are increasingly seeing the importance of being connected to at least one formal network. For the vast majority of school leaders, relationships are being transformed into more formal, self-conscious and professional connections. 3. All schools are to be good or better by September In order to achieve this ambition, underperformance will be promptly dealt with and weak leadership and teaching immediately tackled so that every child is able to attend a good or outstanding school within the next three years.

Slide 7 The Bradford Partnerships PartnershipsTeaching School Alliances Bradford Partnership – secondary schoolsExceed in Bradford TSA Bradford Primary Improvement Partnership (BPIP) Bradford Birth to 19 TSA Catholic Schools Partnership (CSP)Catholic Schools Partnership TSA District Achievement Partnership (DAP) – special schools Beckfoot TSA Consortium of Nursery Schools / Integrated Early Years Strategy Northern Lights TSA

Slide 8 The Educational Landscape in Bradford Multi-Academy Trusts Free Schools All-through Schools LA Maintained Schools Federations Convertor Academies Academy/Academy Chains Independent Schools

Slide 9 The Educational Landscape in Bradford Multi-Academy Trusts Free Schools All-through Schools LA Maintained Schools Convertor Academies Academy/Academy Chains Federations Independent Schools

Slide 10 What is an academy? An academy: is a publicly funded independent school is free from local authority control sets its own pay and conditions for staff does not have to follow the National Curriculum has the ability to change the lengths of terms and school days also has further freedoms through a revised Funding Agreement agreed with the Education Funding Agency

Slide 11 What is an academy? Opportunities: Direct relationship with Department for Education (DfE) on school improvement; Clear focus on delivering learning outcomes; Increased control over resources; Potential to access capital resources; Greater freedoms Risks Increase responsibility for leaders and governors Potential to split opinion across staff and governors Potential greater complexity for parents Perceived lack of a ‘safety net’ of the LA Depending on model chosen reduced responsibility for local governing bodies

Slide 12 Different Academy Models Single Academy Model (Convertor Academy) One school becomes an academy or two schools combine to form a single academy. Headteacher and governors work on the conversion process. Those responsible for the academy will become trustees of the Trust and will be held accountable for its performance and management. Under new government single school conversion are being discouraged and a group of schools is expected to go as a multi-academy trust (MAT) Multi Academy Trust (MAT) Where a group of schools is governed through a single set of members and directors (two forms of multi academy trust) o The group may be an existing academy chain which a school elects to join or which sponsors a school o A number of schools come together to set up a new multi-academy trust. MATs won’t be allowed to sponsor academies until they have proven themselves.

Slide 13 What is an academy chain? Academy chains are groups of schools supported by the same sponsor or trust as part of an overarching governance arrangement. They are MATs that have been authorised to sponsor less successful schools/academies. Any school can apply to join an existing academy trust, but the agreement of the Regional Schools Commissioner (RSC) is required. In addition, any group of schools, regardless of their individual Ofsted ratings, can apply in partnership to join the academy programme as long as at least one of the member schools is performing well. Each application will be considered on its merits, and the RSC will only approve those where s/he is satisfied the schools have the capacity to enjoy academy freedoms and there are appropriate accountability mechanisms in place to support weaker schools to improve. For converting groups the process will be similar to the current application process. All schools wanting to convert in a group need to submit an application form to the Department and list the other schools that they are converting with. Each governing body must pass a resolution before application.

Slide 14 What is an academy chain? Opportunities Schools can work together to: o develop a distinct practice such as teaching and learning models and strong quality assurance arrangements; o create a system for training leaders and other staff which can impact on succession planning; and employ staff and deploy across the chain to address specific needs o create central resources and systems. o easily pool resources and benefit from economies of scale Risks Trust Board has ultimate responsibility and is answerable to the DfE Reduced autonomy Governing Bodies become Local Governing Body and can have reduced responsibilities There can be a lack of synergy between the schools involved

Slide 15 Governance in MATs & academy chains? Members Equivalent to shareholders of a company. They have ultimate control over the academy trust – appoint trustees, right to amend their Memorandum and Articles of Association. Hold Trustees to account. Trustees Responsible for the same three governance functions performed by a Governing Body in a maintained school. Setting vision, holding the pricipal to account and financial probity. As charitable trustees also ensure compliance with charity law. Trustees are company directors. Chair is also a Member. Local Governors Sit on the Local Governing Body (LGB). Trustees can delegate responsibilities to the LGB. If academies are performing well more responsibility could be transferred. Alternatively if a MAT wishes to retain all governance functions centrally it may establish and advisory body at school level which has no governance function but advises the Trustees

Slide 16 What is a sponsored academy? Schools that are currently judged by Ofsted to be ‘inadequate’ or to ‘require improvement’ can only become sponsored academies. Convertor academies that are failing or declining can be required by the Regional Schools Commissioner (RSC) to become a sponsored academy i.e. join a mutli-academy trust Failing or declining sponsored academies can by required, by the RSC, to move to a more successful sponsor The RSC and their Headteacher Board make all final decisions on the suitability of the designated sponsor. An academy sponsor has a great level of control over the set-up of the academy and the actions the academy undertakes. The sponsor develops the academy's ethos, organisation, staffing arrangements, management and leadership and curriculum. It also receives the academy's budget and controls the school estate. Sponsors can be businesses, existing academies, HE/FE, Diocesan bodies The sponsor is accountable to the RSC for the performance of the sponsored academy

Slide 17 Faith / church schools and academies The Diocese has an agreement with the Department for Education (DfE) that should a church school become an academy then this can only happen with the approval of the Diocesan Education Board and, if sponsored, then the sponsor must be a church / faith multi-academy trust. In some areas a single trust is being established to support a number of church schools, linking them together in a formal, longer term relationship. This means that church schools already have their own foundation or trust and cannot simply become part of an additional trust.

Slide 18 Choosing a sponsor The Regional Schools Commissioner makes the final decision on the sponsor for all conversions to sponsored academies The local authority has developed a framework to use when assessing whether a potential academy sponsor will meet the expectations of Bradford Council. The framework is divided into a number of sections including: o Standards and Progress o Policies, Protocols and Strategic Planning o Post 16 Transition o Community Cohesion and Engagement o Partnerships o Staffing and Governance o Capacity, Commitment and Accountability The LA can’t insist that sponsors meet the requirements of the framework, however it has proved useful in judging the suitability of new sponsors and in negotiations with the RSC Whilst ultimately Bradford LA has little control over which sponsors operate in Bradford we have worked closely with the RSC and school Governing Bodies to ensure that there are not too many sponsors that might lead to fragmentation within Bradford’s family of schools

Slide 19 Role of LA Officers in advising schools The LA supports diversity in the educational governance of its schools. It believes that successful schools should be autonomous and that governors and each school’s educational community should make the decision about whether their school becomes an academy or not. Therefore LA officers take a neutral position on academy conversions. However one has to be pragmatic about Government policy, the new legislation in the Education and Adoption Bill and the direction of travel with rapidly increasing numbers of academies. LA officers meet with Governing Bodies and headteachers to advise them on options and recommend that Governing Bodies do discuss academisation and agree their position. LA officers recommend that Governing Bodies let the LA, staff members, parents, pupils, members of the community (including elected members) and trade unions know that academisation is being considered. We recommend a consultation process is conducted; but this is not required.

Slide 20 The process of academisation The Governing Body alone makes the decision as to whether a school becomes an academy. Unless the school is graded inadequate by Ofsted and the governors resist academy conversion. In those circumstances the LA and DfE / RSC have powers of intervention to force an academy conversion The Governing Body should register an interest with the DfE who will appointed someone to help the school through the conversion Applications are considered on a case-by-case basis. Schools that want to convert to an academy will need to demonstrate that they are in a strong enough position to do so. RSC / DfE will look at: o the school’s exam results from the last 3 years o the progress your pupils have been making over the last 3 years o the school’s most recent Ofsted inspections o the school’s finances o names and experience of the people that will be part of your academy trust’s governance structure.

Slide 21 The process of academisation We recommend that Governing Bodies let the LA, staff members, parents, pupils, members of the community (including elected members) and trade unions know that academisation is being considered. We recommend a consultation process is conducted, but this is not required. Before a school can apply to become an academy, the Governing Body has to meet and pass a formal and minuted resolution to convert During the process the school will have a number of procedures to follow, including dealing with: o Staffing issues – TUPE (Transfer of Undertakings (Protection of Employment) Regulations) o Pensions o Land and assets, Schools need to engage their own legal advice A £25k grant is available per school Before conversion the Secretary of State for Education will issue an Academy Order and a Funding Agreement

Slide 22 The current position in Bradford Type of SchoolAge RangeMaintaining Authority Number in Bradford District – August 2015 Nursery schools3 to 5Bradford LA7 Primary schools3 to 11Bradford LA137 Secondary schools11 to 19Bradford LA13 Special schools3 to 19Bradford LA6 Pupil Referral Units (PRUs)5 to 19Bradford LA7 Primary Academies3 to 11DfE18 Secondary Academies11 to 19DfE12 Through Academies3 to 19DfE3 Special Academies11 to 19DfE2 Primary Free schools3 to 11DfE2 Secondary Free schools11 to 19DfE4 Through Free schools3 to 19DfE1 Studio Schools14 to 19DfE1

Slide 23 The current position in Bradford