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Academy Conversion Tips

Academy Conversion - Our Top 10 Tips

Below are our top ten tips for schools converting to academy status:

    1. Focus on the Goal
    2. Share the Load - Establish a Working Party
    3. Choose Advisers Who Have Sector Experience
    4. Be Aware of the Public Sector Equality Duty
    5. Communicate with Your Staff
    6. Locate Your Title Deeds
    7. Review Trading Activities Which You Carry Out On Site
    8. Organise Contracts & Staffing Information, Including Third Party Funding Agreements
    9. Get Insured
    10. Procurement - Beware

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1. Focus on the Goal

The governors and head teacher will need to have a clear view of why the school is considering converting. This will be important when you submit your application to the DfE and when you are consulting with staff, parents and other stakeholders. Governors should discuss the pros and cons at an early stage and obtain as much information about conversion as they can, including sharing the experience of other schools that are going, or have been, through the same process. Having a clear focus from the outset will make the conversion process simpler.


2. Share the Load - Establish a Working Party

While it is important that certain key decisions are made by the full governing body, there are many tasks which can be more efficiently carried out by a smaller group - often referred to as a 'working party', 'steering group' or 'sub committee'. The terms of delegation will need to be clearly set out by the governing body and, importantly, the governors should be clear about the decisions that need to be referred back to them.


3. Choose Advisers Who Have Sector Experience

From bankers to lawyers, accountants and HR consultants, choose advisers who are experienced in the sector and who can use their insight to make the conversion process as smooth as possible for you.  Advisors with sector experience are able to deliver value for money, because they will have the best understanding of how to achieve the conversion as simply as possible.


4. Be Aware of the Public Sector Equality Duty

Governing bodies of schools have a "Public Sector Equality Duty". During the consultation period, and when a governing body takes the final decision to convert to academy status, the governing body must have particular regard to the Duty and take steps to demonstrate this. We recommend that you take advice on this aspect in order to minimise the risk of legal challenge.


5. Communicate with Your Staff

As crucial stakeholders, it is obviously important to keep your staff up to date with the proposals, to take on board their comments and to talk openly with union representatives. Staff will naturally have concerns about their personal position and it is important that these concerns are responded to (preferably in writing) in a clear and accurate way.


6. Locate Your Title Deeds

The location of your title deeds will depend on your category of school and the owner of your land. If the governing body owns the land, they are likely to be held on the school's premises or perhaps at a local solicitors. If the local authority owns the freehold title or another third party, they are likely to be holding your deeds.  Locate your deeds at an early stage and check whether there are any known issues with the title.


7. Review Trading Activities Which You Carry Out On Site

Schools are often able to generate income from hiring out their premises or from other trading activities. There are restrictions on the kinds of trading activities that an academy can carry out. You may need to set up a subsidiary company to carry out some activities. Make sure you review the position at an early stage and let your legal and other advisers know about it.


8. Organise Contracts and Staffing Information, Including Third Party Funding Agreements

To save time later on, make sure you have copies of all contracts and funding agreements (such as grant agreements from Sport England, the Football Foundation or Big Lottery). These may need to be legally transferred to the academy. And check that your personnel records are up to date, including your safer recruitment checks and single central register.


9. Get Insured

Academies are obliged to procure their own insurance, including for their land and buildings. This has to be in place from midnight on the day of conversion. Insurance costs will generally be reimbursed by the DfE but you will need to demonstrate that the insurance arrangements offer value for money. Try approaching your local authority first. Otherwise you may wish to contact a framework provider such as Crescent Purchasing Consortium. Finally you can also approach insurers directly or via a broker, provided that you ensure compliance with the procurement rules.


10. Procurement - Beware

Academies are obliged to comply with European procurement rules so make sure you understand how the procurement rules will affect you (and take advice if necessary) when entering into contracts for services to be delivered post conversion, particularly where the contracts are of high value.

Above all, keep calm and carry on!  The path to conversion can be time consuming and intensive, but with good planning and the right advice you will get there.


For a free consultation on your academy conversion, please contact Yvonne Spencer on 0207 665 0870 or Chloe Brunton on 0117 314 5301.

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Meet the Team

We provide academies with experienced education lawyers who are always on hand to give practical solutions to problems and the confidence to react positively to opportunities.

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Yvonne Spencer - Partner at VWV
Partner

Education Law

Academies, MATs & Schools

Alice Reeve - Partner at VWV
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Employment Law

Independent Schools

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Con Alexander - Partner at VWV
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