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Converting to an Academy

The process of converting to an academy involves :

  1. The school or schools making expressions of interest to the Department for Education ('DfE') and the DfE then confirming that they are acceptable and giving the green light for the process to start.
  2. Employment and HR procedures including all consultation under the TUPE Regulations 2006 with staff and unions prior to the conversion. Upon the conversion, all employees of the converting schools, employed immediately before the conversion, will have their contracts of employment transferred to the new academy.
  3. Approval of the application by the Secretary of State which triggers the start of legal formalities.
  4. Other practical issues including arranging to change all service suppliers arrangements to the new academy and changing banking and insurance arrangements.
  5. The Secretary of State’s final approval and his signing the Funding Agreement with the academy going live at that point.

Different models of converting to an academy 

There are three models that can be adopted for conversion to an academy: 

Option One

A single academy (with single funding agreement) controlling two or more schools.  The Board of Directors of the academy equates to the Board of Governors of the combined schools, although there are “local governing bodies” for each school.  Whilst there may be a considerable amount of delegation, it is the over-arching Board of Governors which is in real day to day control of all significant activities of all the schools involved.

Option Two

A number of schools converting on the basis that each is its own academy (with its own related company and Board of Directors/Governors) but all then operate under the umbrella of a charity trust deed which binds them together under legally enforceable arrangements.

Option Three

Same as Option Two but the trust deed is replaced by a more flexible and informal collaboration agreement. 

What we do

Legal process of conversion to academy status

We will work closely with you from the outset, giving you all the necessary information for you to make the key decisions about converting to an academy. We will then handle the legal process which needs to be put into place.  For further information about converting to an academy contact Christopher Wacher on 01227 763939.

Employment and HR Support for academies 

We provide practical employment advice and HR support throughout the process of conversion to an academy and post conversion support once the academy is set up. Further information about HR support and employment advice contact Andrew Masters, Head of Employment, on 01227 763939.

 

Quick contact

Furley Page Solicitors in Kent, London, Canterbury, Chatham & Whitstable
Get in touch on 0845 603 10 57