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

2. Academies Overview Background Legal status Legal process Likely issues Questions?

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

4. 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

5. 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

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

7. Academies Likely issues Land: –VA? Publicly funded? 1 April 2007. 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

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

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

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

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

12. Academies Any Questions? Stephen Ravenscroft Stone King LLP stephenravenscroft@stoneking.co.uk 020 7324 1732 07971 272008