Independent school conversions

Lawyers within our Education team advise schools in the independent, academy and maintained sectors and are experienced in giving legal support to both independent and maintained schools throughout the conversion process to an academy.

The majority of conversions to academy under the last government were from state schools with the programme's original emphasis having been on deprived schools in inner city areas. However, six of the open academies were previously charitable fee charging independent schools and we are currently advising several others as to conversion.

In recent years the Department for Education (previously the DCSF) and various ministers have called on successful charitable fee charging independent schools to play a greater role in education in the state sector and transfer their educational DNA to a brand new school: either by sponsoring or supporting an academy; or by becoming an academy in order to broaden its intake and spread educational opportunity to all local children where there is a need for more high quality school places.

For many thriving independent schools, the current approach taken by the Charity Commission to public benefit has reduced the incentive to sponsor an academy, but for others there is a different motivation to engage with the academies programme.

Why convert?

The motivation for an independent school to consider a move to the state sector is usually that their governors have concluded that their current business model is not sustainable and they want to take control of the fate of the school. The proposal to convert can often emerge from a more general strategic review of the school by the governing body.

Converting to an academy is a big change for a fee charging school but often much more palatable than closing the school and scattering pupils across neighbouring schools. Academy conversion offers pupils the opportunity to continue their education with their classmates and the same teachers - as jobs will be saved and all staff will transfer across automatically.

What's the difference?

Like most charitable fee charging independent schools, academies are set up as charitable companies with an independent board of governors (referred to as the 'academy trust'). The recently published draft Academies Bill designates all academy trusts as exempt charities, which will remove the requirement for registration with the Charity Commission.

Academies are funded directly by central government. Their funding is determined by a funding agreement entered into directly with the Secretary of State with the academy receiving a grant based on pupil numbers. In return for the grant, a number of requirements are then imposed on the academy trust as to how the academy should be run.

Admissions arrangements will typically be a key area for any independent school converting. It may no longer charge fees and must adapt its admissions policy to comply with the government's Admissions Code, which must be agreed directly with the DfE as part of the funding agreement before the academy opens.

Staff will transfer to the Academy Trust under their existing terms and conditions, but following the transfer, the Academy Trust is (subject to compliance with the TUPE Regulations) responsible for agreeing levels of pay and conditions with staff.

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How can we help you?

We often assist heads and governors in carrying out strategic reviews including looking at the 'blue sky options' and are pleased to attend governor away days to facilitate this.