Download presentation
Presentation is loading. Please wait.
Published byChristopher Bradley Modified over 6 years ago
1
PRESENTERS: LAURA PARTRIDGE & ANTONY POWER
Link Academy Trust The Legal Process PRESENTERS: LAURA PARTRIDGE & ANTONY POWER
2
Academies – some basics Forming a MAT
Today A bit of context? Academies – some basics Forming a MAT
3
Who are we? Head of Education – Michelmores LLP
Michelmores - more than 40 years experience more than 15 years experience academies since 2007 over 300 schools; 40 MATs Governor
4
Fact, Fiction & in-between
Text goes here
5
A private limited company Limited by guarantee A charity
Academies – The Basics A private limited company Limited by guarantee A charity Three levels of Governance Members Trustees Local Governors Chief Executive Officer (CEO)
6
Members (Owners?) Academies – The Basics Guarantee liabilities….
….but only up to £10 Appoint and remove some trustees Change constitution Accountability/scrutiny Independent from Trustees
7
Trustees Academies – The Basics Directors/Governors - synonymous terms
Day to day responsibility for MAT governance Duties Strategic management of the Trust Financial oversight Challenge academic standards Promote success of the Trust Compliance Corporate Charitable Liability?
8
Local Governors Academies – The Basics
Day to day responsibility for individual school governance Responsibilities ? It varies Financial oversight? Academic standards Hold the head of school to account Liability?
9
Holding Academy Trusts to Account:
Academies – The Basics Holding Academy Trusts to Account: Education Funding Agency Secretary of State/Department for Education Regional Schools Commissioner Ofsted Members
10
Expression of Interest Academy Order (£25,000)
The Process Expression of Interest Academy Order (£25,000) Stakeholder Consultation TUPE Consultation Operational Preparation Finance Governance/Structures Education Negotiate and Agree Legal Documentation Convert But… you can stop at any point
11
The Process – Buying a HouseOrder
Expression of Interest – contacting the estate agent Consultation – viewing the property Academy Order – putting in an offer Operational Preparation – making sure the furniture fits & doing your checks Negotiate legal documents – negotiate legal documents Sign legal documents – exchange contracts Convert – complete the purchase
12
The Process – Applying for an Academy Order
Expression of Interest Complete online application Answer additional questions Governance structure/ names Chief Executive Business case How will the MAT drive collaboration/standards Headteachers Board Academy Order
13
The Process - Consultation
All stakeholders must be consulted Includes: parents, pupils, staff, other local schools, community Consult through website, letters, public meetings have a vision Report outcome to DfE It is not a vote Beware vocal minorities
14
The Process - TUPE Staff entitled to same employment terms and conditions: Teaching Non-teaching Current employer that carries out TUPE consultation Devon will support Unions need to be consulted We suggest: Avoid changing terms & conditions Consultation – hearts and minds Academy Trust may make future changes to T&Cs as the employer, subject to proper consultation with staff and their
15
Teachers: Teachers Pension Scheme
The Process - Pensions Academy Trust responsible for pensions of teaching and non-teaching staff Transferring staff have protection of pension rights Funding Agreement requires Academy Trust to offer TPS and LGPS to all staff Teachers: Teachers Pension Scheme Contribution rate stays the same Support staff: Local Government Pension Scheme Actuarial assessment of pension payments and costs of transferring staff Revised employer contribution rate calculated usually over 20 year period
16
Current land sharing arrangements remain Single biggest cause of delay
The Process - Land Land review title & report to School and DfE Lease from Devon CC/freehold transfer no premium/rent limited repairing obligations Current land sharing arrangements remain Single biggest cause of delay
17
The Process – The Legal Documents
Funding Agreement Master Funding Agreement Supplemental Funding Agreement Articles of Association Commercial Transfer Agreement Land Documents
18
The Process – Church Schools
Governance Diocese will require representation at all levels Approval process SOGG Need Diocese consent before applying to the DfE Land More complex…. Legal Documents
19
Local Authority Diocese Legal Conversion Fees
DCC (and others!) – capped at £8,000 Diocese £5,000 per church school Legal £5,000 – £8,000 per school depending on level of service.
21
What’s out there Text goes here
22
it’s not about process, it’s about outcomes
The Process it’s not about process, it’s about outcomes
23
"When Ofsted arrived, so did 3 other Trust Heads to support me.”
Some Positives Copy goes here "When Ofsted arrived, so did 3 other Trust Heads to support me.” “As a governor, being able to compare the data at six schools helps me identify the strengths and weaknesses.”
24
Some positives "We've managed to raise standards quickly at a failing school by moving three talented teachers across schools to tackle the issue and allowing them to flourish." "We've really benefitted from employing an education psychologist by sharing the cost across the schools in the MAT. We could never have afforded this before converting."
25
Some Positives Copy goes here "Staff have welcomed the opportunity the peer network provides for sharing experiences, knowledge and ideas." "We kept our talented head of KS2 by offering them an assistant head role at another Trust school."
26
Some positives "When we converted, it felt like we were homeowners for the first time rather than tenants.” “We needed new classrooms but had no reserves to pay for them. The Trust used its reserves to pay for the works."
27
Any Questions?
28
Contacts Antony Power, Partner 07809 593896
Copy goes here Antony Power, Partner Charlotte Antoniou, Senior Associate Laura Partridge, Legal Exec
Similar presentations
© 2025 SlidePlayer.com. Inc.
All rights reserved.