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
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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
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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
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"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
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"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
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Antony Power, Partner
Charlotte Antoniou, Senior Associate
Laura Partridge, Legal Exec