Academy Choice or Requirement Victoria Hatton 27 January

Academy: Choice or Requirement? Victoria Hatton 27 January 2017

The academy conversion process 1. Due diligence 2. Consultation • Stakeholders • TUPE 3. Legal process • • • Company: Articles of Association and governance Funding Agreement Commercial transfer agreement Land transfer Church supplemental agreement (VC schools only)

Converting to an academy Open Application to convert Register interest Academy order granted Funding agreement to Df. E for signature Apply for £ 25 K conversion grant

SAT to MAT conversion Open EFA consent Apply Legal changes: Articles and funding agreement Funding agreements to EFA for signature

Managing risk: the due diligence process • To obtain sufficient information about the other(s) in order to decide whether the conversion should go ahead • Need to understand: • exactly what is being transferred • that the transferring organisation has the legal right to transfer assets • the full extent of any liabilities

Managing risk: the due diligence process • • • School performance data HR and staffing issues Site and premises Finances Contracts and services Organisational / governance

Consultation • Converting to an academy: “the school's governing body must consult such persons as they think appropriate about whether the conversion should take place”(Academies Act 2010) • SAT to MAT: No requirement but good practice to inform parents, staff and other key stakeholders about the proposals and give them the opportunity to respond

Staff consultation (TUPE) • Transfer of Undertakings (Protection of Employment) Regulations 2006 • Consult or inform? • Employees or trade unions/employee representatives?

The legal process 1. 2. 3. 4. 5. Company: Articles of Association and governance Funding Agreement Commercial transfer agreement Land transfer Church supplemental agreement (VC schools only)

Tips for moving forward • Engage early with Df. E / EFA / RSC • Set an ambitious timescale • Set up a working group • Keep governing bodies informed • Deal with “elephants” head on

Find out more • Forming or joining a group of schools [guidance note] https: //www. brownejacobson. com/education/training-andresources/guides/2015/09/forming-or-joining-a-group-of-schools-staying-incontrol-of-your-schools-destiny • Establishing a successful Multi-Academy Trust [video] https: //www. brownejacobson. com/education/training-andresources/training-videos/2016/06/establishing-a-successful-multi-academytrust-webinar-may-2016 • Multi-academy trusts: Good practice guidance and expectations for growth [Df. E guidance] https: //www. gov. uk/government/publications/multi-academy-trustsestablishing-and-developing-your-trust

Contact us Please note The information contained in these notes is based on the position at January 2017. It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so. © Browne Jacobson LLP 2017. Browne Jacobson LLP is a limited liability partnership. Victoria Hatton | 07825 309322 | 01392 458744 victoria. hatton@brownejacobson. com