©Whitehead Monckton 2012 To be or not to be an academy September 2012

©Whitehead Monckton Thoughts on the value of Education “It is always a much easier task to educate uneducated people than to re- educate the mis-educated.” Herbert M Shelton “Education is the movement from darkness to light.” Alan Bloom

©Whitehead Monckton Thoughts on the value of Education “It is the mark of an educated mind to be able to entertain a thought without accepting it.” Aristotle “Education is the most powerful weapon which you can use to change the world.” Nelson Mandela

©Whitehead Monckton Thoughts on the value of Education “Education breeds confidence. Confidence breeds hope. Hope breeds peace.” Confucius “The whole purpose of education is to turn mirrors into windows.” Sydney J. Harris

©Whitehead Monckton What are Academies? Academies are publicly funded independent schools that provide a first-class education

©Whitehead Monckton Academies - Where are we now? At 1 September 2012, 2309 open academies in England 1808 are converters 501 are sponsored 769 are primary academies 1484 are secondary academies 56 are special academies

©Whitehead Monckton The current position 282 academies opened this September, taking the total number to There are now more than 10 times as many academies as there were in May 2010 when there were just 203 academies. Failing schools have been specifically targeted by the Government for radical improvement. A record 130 sponsored academies open this month. The total number of sponsored academies is now per cent of secondary schools are either already academies or in the pipeline to become academies. Source DfE

©Whitehead Monckton The current position 1.7 million pupils are now taught in academies. 120,000 teachers – a quarter of the frontline school workforce – now employed in academies. 48% of the secondary workforce are in academies. 14 academies for children with special educational needs will open this month taking the total to 56, compared to just one last September. Source DfE

©Whitehead Monckton What to really consider Size – Are you too small? Accountable to whom? Budgets – cost Enriched curriculum Best advice during process

©Whitehead Monckton ©Whitehead Monckton 2012 The benefits of conversion Freedom to set curriculum, terms and school day Staff Pay and conditions Administrative autonomy Freedom of vision Financial freedoms and potential benefit

©Whitehead Monckton ©Whitehead Monckton 2012 What sort of academy? A variety of structures can be used: Multi academy Umbrella Trust Single academy Sponsored Trust Academy Chain

©Whitehead Monckton ©Whitehead Monckton 2012 The Big Decision Governing Body decide to explore Options reviewed and structure agreed Full meeting Consultation Decision

©Whitehead Monckton ©Whitehead Monckton 2012 Once you’ve decided Registration Online Registration DfE Contact Consultation General TUPE Trustees Foundation Application GB Resolution Submit application Chose Support School TUPE Academy Order PreparationConversion Approval of Funding agreement CRB checks New financial contracts Registration Opening DfE grant Governance documents Register Trust Land Documents Complete consultation Commercial transfer agreement Submit Funding agreement

©Whitehead Monckton ©Whitehead Monckton 2012 The Big Issues Transfer of staff Commercial transfer agreement Land transfer – new lease Funding agreement

©Whitehead Monckton ©Whitehead Monckton 2012 Independence Academies are independent schools. “Independence” means what it says and is not to be treated lightly. You will be responsible

©Whitehead Monckton ©Whitehead Monckton 2012 Whitehead Monckton Commercial Law Property and boundary issues Planning issues, applications and consents Liaison with DfE and other agencies Supplier contracts Contract disputes

©Whitehead Monckton ©Whitehead Monckton 2012 Whitehead Monckton Education law Advising and acting as Governors Exclusions and appeals Admissions Free school applications

©Whitehead Monckton 2012 Whitehead Monckton Employment Law Supply contracts Employment contracts, policies and procedures Redundancies and business reorganisation TUPE transfers Disciplinary and grievance procedures Employment tribunal representation Compromise agreements Discrimination and equal opportunities Maternity and family friendly law 18

©Whitehead Monckton ©Whitehead Monckton 2012 Whitehead Monckton A practice unique to Kent Whitehead Monckton is one of the largest Kent law firms Offices in Maidstone and Tenterden Offering legal services to individual and business clients Providing clear and effective practical advice Friendly and supportive service

©Whitehead Monckton ©Whitehead Monckton 2012 What makes us different? Our focus is on really listening to our clients Ensuring we really understand their issues Delivering the legal services they really need Continuing to offer our services throughout clients business and private lives

©Whitehead Monckton ©Whitehead Monckton 2012 Whitehead Monckton Find Out More about us Contact us Graham Jones Partner