Academies Act 2010

As you will know, the government is giving all maintained schools the opportunity to become academies. For the first time, academy status will be available to special schools and primary schools. All schools rated as outstanding are automatically eligible. Schools which are not currently rated as outstanding can register their interest now and will be able to apply to convert at a later stage.

What are the implications for your school if you wish to convert?

  • Funding will be received directly via an annual grant from the Department for Education, not from your local authority. Schools may want to continue to "buy back" certain services from the local authority or will be able to procure services themselves. If multiple schools in an area wish to convert, this could have a significant impact on the services that the local authority is able to provide as the funding it receives for schools will be cut dramatically.
  • Schools no longer have to obtain approval from their local authority to convert. The governors are merely required to pass a resolution in favour of conversion and to sign an agreement with the Department for Education. 
  • School assets including equipment will transfer to the new academy. School surpluses will also transfer.
  • Academies are set up as charitable companies with a board of governors who are also the company directors. They will be exempt charities which means they are not required to register with the Charity Commission.  
  • School land will be transferred to the academy.   Where the school's land was originally publicly funded, in most circumstances, the freehold of the site will be held by the local authority and the academy will have a 125 year lease. 
  • Sponsors are no longer required. A school can convert without a sponsor although schools are free to work with outside organisations and outstanding schools will be required to support another school to raise attainment.
  • Staff will be employed directly by the academy and all existing staff will continue to be employed under their existing terms and conditions. Prior to conversion however, schools will be obliged to inform and, possibly consult, staff in accordance with employment legislation. Any changes that an academy would wish to make to existing terms and conditions would have to be in consultation with the staff and unions.
  • Academies, like foundation schools, are able to set their own admissions criteria so long as they comply with the Admissions Code. This is particularly useful for oversubscribed schools who may want to decide which children to give priority to. Importantly, schools which are grammar schools and have selective admissions policies will be able to retain those policies.

We offer a FREE CONSULTATION for schools who are considering conversion to an academy.  If you would like to take advantage of this, or if you have any questions on conversion, please contact Chloe Brunton on 0117 314 5301 or Martha Burnige on 020 7665 0835.

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Chloe Brunton

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Barney Northover
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0117 314 5395

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