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BRENTWOOD DIOCESAN SECONDARY HEADS’
ASSOCIATION
Academy Status Presentation
Stephen Ravenscroft and Roger Inman1 October 2010
Academies
Overview
• Background• Legal status• Legal process• Likely issues• Questions?
ACADEMIES
Background
• City Technology Colleges• Academies
– Blair/Adonis– Brown/Balls – Coalition
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
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
Academies
Likely Issues
• Preservation of Christian Ethos
– Land– Articles of Association– Funding Agreement– Members’ Agreement
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
Academies
Likely Issues
• Governance– Composition of governing bodies– Role of Dioceses/Trustees– Governors– Members– Preservation of rights – entrenchment?
Academies
Likely issues
• TUPE– Transfer of staff subject to existing terms
and conditions– Possible union resistance– Effective consultation
Academies
Likely issues
• Pensions– Teachers’ Pension Scheme– Local Government Pension Scheme– Historic deficits and ongoing liabilities– Accounting treatment
Academies
Likely issues
• Funding Agreement– Key features– Funding Streams:
•Guaranteed•Discretionary
– Selection and ballots
