BRENTWOOD DIOCESAN SECONDARY HEADS’ ASSOCIATION Academy Status Presentation Stephen Ravenscroft and Roger Inman 1 October 2010

Academies Overview Background Legal status Legal process Likely issues Questions?

ACADEMIES Background City Technology Colleges Academies –Blair/Adonis –Brown/Balls –Coalition

Academies Legal Status Academies Act 2010 Companies limited by guarantee Charitable status, but exempt from registration with Charity Commission Independent schools, but subject to terms of the Funding Agreement

Academies Legal Process Creation of company limited by guarantee Negotiation of Funding Agreement Preparation for transfer of undertaking to Academy, to include: –Property –Staff –Assets

Academies Likely Issues Preservation of Christian Ethos –Land –Articles of Association –Funding Agreement –Members’ Agreement

Academies Likely issues Land: –VA? Publicly funded? 1 April For discussion and negotiation with the DfE –Nature of interest to Academy – lease or less formal? –Status of any recent or ongoing works? –Existence of any recent funding grants, and possible terms and conditions –Powers of Secretary of State

Academies Likely Issues Governance –Composition of governing bodies –Role of Dioceses/Trustees –Governors –Members –Preservation of rights – entrenchment?

Academies Likely issues TUPE –Transfer of staff subject to existing terms and conditions –Possible union resistance –Effective consultation

Academies Likely issues Pensions –Teachers’ Pension Scheme –Local Government Pension Scheme –Historic deficits and ongoing liabilities –Accounting treatment

Academies Likely issues Funding Agreement –Key features –Funding Streams: Guaranteed Discretionary –Selection and ballots

Academies Any Questions? Stephen Ravenscroft Stone King LLP