Academy Schools

Academies are state schools which have, in the main, severed connections with the local authority (LA). They receive their funding directly from the central government (rather than funds flowing through the LA). Academies have more freedom than maintained schools to make decisions on finances, curriculum, term dates and teachers’ pay.

Once the initial application to become an academy has been processed by the DfE, consultations must be held with staff, parents and other stakeholders. Legal documents including funding agreements, transfer agreements, leases or land transfers and shared use agreements must be prepared, approved and entered into. The process generally takes 3-6 months.

Thorough due diligence is part of the risk management process for any MAT taking on a new school. The due diligence process generally covers the financial, educational and premises position of the incoming school. It helps the MAT identify risks and assess mitigation strategies and associated costs, in order to make an informed decision.

The governance structure of each school within a MAT is set by the MAT itself. Each MAT will determine what decisions may be made by the leadership team or local governing body, and which matters which are reserved for the Board of Trustees of the MAT. You should therefore clarify this with the relevant MAT.

Many (but not all) MATs maintain a “local governing body” (“LGB”) for each school (which often replicates the Governing Body of the incoming schools). The MAT will decide what decisions can be made by the LGB.

The governing body must formally resolve to convert and submit an “Application to Convert Form” to the DfE. An Academy Order will be issued by the DfE, and a conversion date agreed. Staff, parents and other stakeholders must be consulted. Legal documents (Land Questionnaire, Funding Agreement, lease of the site, and Transfer Agreement) must be prepared, negotiated, signed and submitted to the DfE.

Yes, the Diocese must consent before Church schools may convert, and will be involved throughout the process. Supplemental Agreements regarding the school site will need to be entered into between the MAT and the Diocese. There are requirements for diocesan involvement in academy governance, designed to ensure that the religious character of the school is safeguarded.

The school staff will automatically become employees of the MAT, under legal regulations known as “TUPE”. Staff will be informed and consulted about the transfer, with Union representatives involved in the consultations. Terms of employment of transferring staff are protected. If any staff decline to transfer, their employment will come to an end.