law, less ordinary - legal opinions from Browne Jacobson » academies

New admissions codes in force from today

gemmai — Wed, 01 Feb 2012 09:12:01 +0000

Today, a new, shorter version of the School Admissions and School Admission Appeals Codes comes into force in time for the September 2013 admissions round.

The codes make it easier for good schools to expand by removing the need to consult where schools who act as their own admissions authorities wish to increase their planned admission numbers and allow anyone to raise an objection with the schools adjudicator in a bid to increase local accountability.

The idea behind the new codes was to make them clearer, shorter and more straightforward. They are certainly a little shorter, but inevitably ambiguity and complexly remain. What the codes won’t do is reduce the number of appeals faced by schools and Academies. Oversubscribed academies could well be crippled with numerous and time-consuming questions from parents exercising their rights to appeal under the code.

This was the opportunity for the government to reconsider the point and amend the codes accordingly, an opportunity they missed.

Posted by Hayley Roberts, who specialises in education law advice to schools and academies, including advice on teaching schools, collaboration models and partnership structures, school companies, and a wide range of pastoral issues.

Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com

Teachers, social media and lack of government guidance

gemmai — Tue, 24 Jan 2012 14:06:05 +0000

Teachers, pupils and social media - it was only a matter of time before this became a serious issue. 43 cases before the GTCE last year may not sound high, but how many more inappropriate relationships are being formed across schools, academies and the FE sector? Which begs the questions, why have we not seen Department for Education guidance specifically aimed at helping manage staff expectations and promote a consistent, measured approach nationally?

There is evidence of big differences in approach to the use of social media amongst schools- some ban teachers using the sites altogether, some allow restricted usage and others have barely considered the issue. And it needs to be looked at not only from a ‘friending’ point of view, but also to consider issues like appropriate privacy settings and profile pictures which, regardless of friending, can be accessed by pupils, parents and colleagues alike.

I hate to press for even more guidance in our sector, but this is an area where it seems schools need help.

Posted by Dai Durbridge, who specialises in safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Shake-up of schools’ inspection process continues

Hannah — Tue, 17 Jan 2012 15:57:16 +0000

David Cameron has backed Sir Michael Wilshaw’s plans to axe the current Ofsted rating of ‘satisfactory’, stating “Just good enough is frankly not good enough”. Bold plans to tackle ‘coasting schools’ and get them to switch gear have now been outlined with proposals to change the current 3,000 schools labelled as ‘satisfactory’ to ‘improvement required’. Schools will be given three years to improve, with earlier re-inspections after 12 to 18 months. If they fail to improve, they could face going into ‘special measures’.

This announcement comes hot on the heels of plans to carry out no-notice inspections to address flaws in the system after concerns were raised that in some schools poor teachers and naughty students were told to ‘stay home’ during Ofsted inspections.

Though critics have accused these changes as being part of a wider plan to force schools to become academies, there are many who see this as a welcome move to address inadequacies and strive for the best education for all children.

Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com

Curriculum changes delayed – but should they be scrapped altogether?

Hannah — Tue, 20 Dec 2011 10:53:09 +0000

The government has announced that changes to the curriculum in English, science, maths and I.T. have been pushed back a year – to autumn 2014. The reason is to allow more time for interested parties to give their views so that a “genuinely word-class education system” can be created.

Critics have pointed out that as more and more schools convert to academies the proposed changes may be pointless since academies have freedom over their curriculum.

There are currently 1,463 academies open (the majority of which are secondaries) and hundreds more academy conversions are in the pipeline. In addition, the government has made it clear that poorly performing schools will be forced to partner-up with outstanding schools and become academies.

If the pace of conversions keeps up, the number of schools affected by the change in curriculum will be few and far between. The government hopes academies will voluntarily adopt the changes come 2014, but will not be able to guarantee this will be the case.

Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com

Extra £1.2 billion investment in education to achieve economic growth

Hannah — Tue, 29 Nov 2011 16:55:13 +0000

Chancellor George Osborne has announced a new funding package for education, which includes an extra £600 million to create 40,000 school places over the next three years in local authorities with the greatest demographic pressures. The package also includes £600 million for 100 new free schools, which will be opened as academies by groups of parents, teachers, charities, businesses, universities, trusts, religious or voluntary groups.

The government hopes that the free schools (which will include specialist maths schools for 16-18 year olds) will help produce the next generation of engineering and science graduates needed for long term economic prosperity.

The academy programme continues to storm ahead with 1,419 academies open in England to date and hundreds more in the pipeline. With the extra funding announced and the Chancellor’s undiluted praise for Mr Gove it is safe to say that the academy programme will not be slowing any time soon.

Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com

“Swelling” number of employee disputes in schools

Hannah — Fri, 11 Nov 2011 15:07:30 +0000

The TES reports that the Advisory, Conciliation and Arbitration Service (ACAS) has seen a marked increase in employee disputes in schools. Though Unions are perhaps unsurprisingly attempting to link this rise to the expanding academies programme, it is more likely a consequence of the financial climate which has led to a number of redundancies in schools and a renewed focus on performance management.

Both the private and public sector have seen a rising number of employee-related disputes. There is no evidence that this has any link to academies. Though ACAS figures show employee disputes in academies have risen from 10 in 09/10 to 38 in 10/11, the obvious reason for this is because there are some 1,000 more academies than there were before, so ACAS is more likely to be called into them.

Since academies lie outside local authority control they, like any other company, need to ensure that they protect themselves from damaging conflicts with employees and procure appropriate HR advice. However, just like the conversion process itself they will have to ensure they have open and transparent communications with their staff.

Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com

School admission appeals draining academies

Hannah — Wed, 09 Nov 2011 13:43:45 +0000

Today the LGO published their report highlighting failures of admissions authorities when conducting admission appeals. The statistics in the report support the view that some admissions authorities get it wrong, but a bigger picture is being missed.

Traditionally admissions authorities were part of the local authority. However, academies can (and most do) act as their own admissions authority. For high performing academies particularly this presents a stressful and expensive problem – parents using the Admissions and Appeals Codes to put academies under enormous pressure during the appeal process.

It is not uncommon for parents to ask upwards of 30 questions before an appeal, employ a professional advocate to put their case and for individual hearings to last in excess of two hours. For an over-subscribed academy facing 30+ appeals, this results in a massive increase in cost – money that could be spent on education.

And the outcome if questions go unanswered or an appeal hearing cut short? A finding of maladministration.

I doubt this is what Mr Gove had in mind when promoting the freedom of academy status or what his predecessors envisaged when drafting the Codes.

Posted by Dai Durbridge, who specialises safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Public benefit?

Hannah — Thu, 20 Oct 2011 14:35:09 +0000

A recent landmark ruling in the Upper Tribunal between the Independent Schools Council (ISC) and the Charity Commission is likely to see wide-ranging implications for fee paying schools. The tribunal determined that the commission’s guidance was ambiguous and, in places, wrong in law and would need to be re-written.

The decision clarified that independent schools have to demonstrate a wider public benefit and it is the responsibility of the trustees to decide how to satisfy that test. This will allow trustees to be innovative and creative with their charitable provision rather than being constrained by calculations of bursaries. Interestingly, the sponsorship of academies (or indeed creation of a free school) was one route which an independent school could take to further demonstrate satisfaction of the public benefit test. Given that “free schools” were mentioned in the original charity legislation in 1601, it would appear that charity law has come home!

Laura Richards
0115 976 6249
lrichards@brownejacobson.com

Growth in Academies

mikef — Mon, 10 Oct 2011 09:33:18 +0000

According to the government, more than 1.2 million pupils are now in education in academies. The 1000th academy to choose academy status has just opened and joins more than 1,300 academies that are already in operation across the country. The pace of change seems to be surpassing even the Department for Education’s expectations.

This week the government also announced its plans for stepping up funding into setting up free schools in areas where there are shortages of pupil places.

Pupils in the new models of educational establishments are able to benefit from greater freedoms, the ability to innovate and to raise standards. Ministers hope that the range of schools available now to parents, such as academies, Free Schools and Studio Schools, will help transform the attainment and achievement of pupils in England.

Laura Richards
0115 976 6249
lrichards@brownejacobson.com

Evidence that federated schools improve outcomes

mikef — Fri, 23 Sep 2011 15:27:48 +0000

Ofsted’s latest survey shows that schools who join together to raise standards, see improvements across teaching and learning, behaviour and pupils’ achievement. The survey found that the main reason for the improvements was effective leadership, underpinned by ‘rigorous procedures for holding staff accountable’ and ‘assessing the quality of teaching and learning’. Greater flexibility of increased resources was also listed as an important factor.

While hard federations are only appropriate for specific circumstances, schools and academies are increasingly looking at various ways to partner and collaborate with each other on a far more formal platform than they may have done in the past. Key reasons for this include ensuring the longevity of relationships and sharing resource and expertise to improve pupil outcomes. New governance arrangements, multi-academy structures, establishing trading companies and entering into formal partnership agreements are just some of the possibilities schools are looking into.

Increased school collaboration is high on the government’s agenda as part of the ‘self-improving school system’, and will undoubtedly be staying there for the foreseeable future.

Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com

All-through academy numbers set to soar

Hannah — Thu, 15 Sep 2011 16:07:09 +0000

The new school’s commissioner, Dr Elizabeth Sidwell, has said she is eager to see more all-through schools opening as academies under her watch. These schools are created by a secondary school joining up with one or more feeder primaries to educate children from age 3 through to 18.

Dr Sidwell hopes that removing the transitional period between primary and secondary education will eliminate the acknowledged ‘dip’ in performance between these phases of education. A child should be more confident and familiar in their surroundings if they do not have to switch schools at age 11.

However, it is not all plain sailing. Some schools, (especially small primaries) may be concerned that they would lose their autonomy by joining up with a secondary. Others may have concerns about bringing together two or more very different organisational structures. These concerns can be overcome by careful planning and by considering all aspects of an all-through school proposal to ensure each school is content with the arrangement.

Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com

Council’s education roles may be ‘re-vamped’

Hannah — Thu, 15 Sep 2011 09:40:07 +0000

More than 1,300 schools are now academies, and the figure is set to rise dramatically over the coming months. This has led to a dramatic reduction in many councils’ budgets (plus an expected claw-back of £1 billion) and a struggle to provide services to schools still under their control. There have been many discussions around how the relationship between academies and councils will work in the future. Last week Nick Clegg reportedly stated that councils should be responsible for standards at schools not under their direct control, make decisions about who runs them and hold providers ‘more sharply to account’.

Mr Clegg’s comments appear to be in complete antithesis to the whole policy and rationale behind the academy programme – to free schools from local authority control. The poor working relationship between some schools and their councils has undoubtedly been a factor in decisions to convert to academy status, with the promise of freedom, independence and autonomy being an attractive offer.

It remains to be seen whether we will see a move towards involvement of council in academy affairs (e.g. being able to trigger inspections if they believe there are problems), or whether councils’ roles will be limited to the provision of services.

Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com

Academy programme shows no signs of slowing down

Hannah — Fri, 12 Aug 2011 13:48:41 +0000

With the anniversary of the “converter” academy fast approaching, the Department for Education has recently published the August figures for academy converters and the programme is showing no sign of slowing down. As of 1 August 2011, there are 1,070 academies open in England, with 269 opening in the last month.

Those schools fortunate to meet the 1 August deadline were able to benefit from the 10% cap on the Local Authority Central Spend Equivalent Grant and this to some extent explains the steep rise in converters. However, with the programme now open to all schools and special schools being able to convert from 1 September the number of conversions is likely to remain high.

The educational landscape has changed significantly in the academic year of 2010/2011 and with the extension of the academies programme that transformation is set to continue.

Hannah Bramhall
0121 237 4563
hbramhall@brownejacobson.com

Academies and VAT recovery – new HMRC guidance

Hannah — Mon, 04 Jul 2011 14:37:15 +0000

HMRC have just published for the first time their detailed guidance on the new VAT recovery powers for academies, in their VAT Information Sheet 09/2011 (VAT Refund Scheme for Academies).

On 9 December 2010, HM Treasury first announced that academy schools should be put on the same footing as local authority maintained schools, in terms of their ability to recover VAT from HM Revenue & Customs in certain situations. This new guidance confirms that the changes are to take effect retrospectively from 1 April 2011, once the 2011 Finance Bill has royal assent, which is likely to be some time during the summer (no precise date given yet).

This new guidance gives helpful details to academies on checking if they can recover VAT they incur, how to go about making a claim to HMRC to recover that VAT, and points on VAT registration for academies.

Posted by Andrew Noble, who specialises in corporate and real estate tax, employee share incentives, UK and cross-border; advises clients from private individuals to listed companies; Chartered Tax Adviser.

Andrew Noble
0121 237 3952
anoble@brownejacobson.com

Failing Primaries to become Academies

Hannah — Fri, 17 Jun 2011 16:33:15 +0000

In a drive to improve standards, Michael Gove announced yesterday that the government would open more sponsored academies, with the weakest 200 primary schools being forced to become academies in the next academic year. All 200 schools identified have been below the “floor standard” for the last five years. Gove also announced that local authorities with particularly large numbers of struggling primaries will be identified for urgent collaboration, affecting an additional 500 schools.

Furthermore, the current average performance will become the new floor for secondaries in an attempt to ensure that all schools have 50% of pupils achieving five good GCSEs by 2015. This will mean that every school as a minimum should be “average” to avoid being placed in special measures.

This move marks a major shift in policy. Never before has “academisation” been used as a means of school improvement specific to the state primary sector.

Hannah Bramhall
0121 237 4563
hbramhall@brownejacobson.com

New admissions code published

Hannah — Fri, 27 May 2011 15:23:43 +0000

The Department for Education has today published its new proposed changes to the admissions code and appeals code. The changes would see a much slimmed down version of the codes making the admissions process simpler, fairer and more transparent for parents.

Local authorities will no longer be allowed to use lotteries in order to place children in schools, yet other admissions authorities will be allowed to continue the practice. The proposals also intend to make it easier for popular good schools to take more pupils and plans to end the 30 pupil limit on class sizes in some cases.

Interestingly, the proposals give academies and free schools the right to prioritise places for those children from more disadvantaged backgrounds whose family income is under £16,190. This is undoubtedly an incentive for schools to convert as following the introduction of the pupil premium they are likely to gain financially in comparison to their maintained peers.

The consultation on the proposals is set to close on 19 August 2011.

Posted by Katie Michelon, who specialises in education law advice to schools, colleges and LEAs, including commercial advice on education sector projects such as academies, trust schools and federations.

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

Consultations open on school funding

Hannah — Fri, 15 Apr 2011 15:26:46 +0000

This week has seen the Government launch two consultations. The main consultation focuses on developing a new Hannah Bramhall0121 237 4563 hbramhall@brownejacobson.com

">funding framework for schools, with the supplemental consultation focusing on Academy funding for the academic year 2012/13. The consultations are running alongside each other and close on 25 May 2011. The Government proposes to consult on more detailed plans later this year.

The current system means that there are massive regional variations on the funding schools receive per pupil. The Government seeks to introduce a funding system which distributes the £35 billion budget fairly among pupils and which is not dependent on where they live.

The Academy funding consultation invites views on three proposed funding options in an attempt to reform the current system which the government believes lacks transparency, is prone to error and is administratively inefficient.

As with any redistribution of wealth, there will be winners and losers and we will await with interest the more detailed proposals later this year.

Hannah Bramhall
0121 237 4563
hbramhall@brownejacobson.com

Academies conversion now open to all schools as total passes 600

Hannah — Fri, 15 Apr 2011 09:31:25 +0000

More than 600 schools are now academies (compared to 203 in May 2010), with nearly 500 waiting to convert having already applied to the Department for Education. Nearly 550 secondary schools are now academies, representing 16.5% of secondary schools.

Until now, conversion was open only to schools judged by Ofsted to be Outstanding or Good with Outstanding Features (which have been able to convert in their own right) and other schools if applying as part of wider chains, supported by strong schools.

However, in response to demand from other mainstream and special schools wishing to become stand-alone academies, the Government will now consider applications from any school that can make a compelling case for converting to academy status. Criteria include exam performance over the last three years, and comparison with local and national exam performance.

It is clear that academy status is so far very popular amongst schools, which, it would appear, consider the greater freedoms promised by the Government to be a great incentive.

Posted by Chris Emm, who specialises in commercial property work primarily acting for local authorities and also deals with development and commercial freehold and leasehold matters.

Chris Emm
0115 908 4112
cemm@brownejacobson.com

Academies open for all

Hannah — Fri, 08 Apr 2011 08:39:46 +0000

Lord Hill has made the surprising announcement that the Government will consider applications to convert to an academy from any school that can make a compelling case for academy status. Following the introduction of the Academies Act 2010, the academies programme has been extended to include schools who have an Ofsted rating of good with outstanding features and outstanding special schools. It was widely thought that the program would be extended in the near future to include schools with a good Ofsted rating. However, the announcement marks a huge leap.

There are already 600 academies now open with 162 opening this month, but this number is likely to drastically increase. The Government’s intention is that all schools will become academies.

The process, however, will not be automatic and the Department of Education will take into account a number of factors when considering whether a school can convert to academy status.

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

Admissions decisions deliver disappointment

Hannah — Thu, 03 Mar 2011 15:29:02 +0000

This week thousands of parents found out whether or not their child had been admitted to the secondary school of their choice. There were reports of as many as eleven applications per place in some of the country’s most popular state secondary schools. Competition for places is getting fiercer, blamed on rising birth rates, immigration and a shift from private schools to the state sector as the recession bites.

Schools Minister Nick Gibbs has said that the government’s academies and free schools programme, proposed reforms on discipline and curriculum changes should give parents a “more genuine choice of a good school”.

The Government is also planning to shorten the Admissions Code, prompting criticism that the rules may become so simplified that the Code becomes meaningless. With some commentators arguing that the only way to inject some fairness into the system is to award school places on a ‘lottery’ basis and others adamant that admissions based on catchment area should remain, there is unlikely to be any consensus on the correct approach any time soon.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Creating academy group structures seminar – March 2011

Hannah — Tue, 22 Feb 2011 15:43:50 +0000

We are delighted to have joined forces with RSM Tenon to present this seminar aimed at primary, secondary and special schools, academies, diocesan boards of education and FE colleges. This seminar will consider the opportunities and challenges and explain the legal process and financial considerations associated with creating academy group structures.

Topics to be covered include:

• Review of important recent policy developments
• Analysis of the range of group legal structures that can now be adopted
• Exploration of issues relating to autonomy and influence within an academy group
• Creating all-through academies
• The role of sponsorship and the new sponsored academies product breakdown structure
• Financial and business operation considerations

book now!

Birmingham – Tuesday 15 March, 9.30am – 1pm
London – Thursday 17 March, 9.30am – 1pm

Posted by Mark Blois, who specialises in advice to schools, colleges, and local authorities on the full range of legal issues, both contentious and non-contentious including changes of category, reorganisations, governance, commercial arrangements, special educational needs, disability discrimination, admissions, exclusions and safeguarding.

Mark Blois
0115 976 6087
mblois@brownejacobson.com

Power, religion and the education bill stir up concern for staff

Hannah — Tue, 22 Feb 2011 13:54:09 +0000

A formal complaint has been made over concerns that non-religious staff at academies could suffer discrimination, contravening EU employment law.

Faith schools controlled by the local authority can currently require 20% of their staff to be religious. However the National Secular Society argues that the Education Bill gives the government the power to raise this limit to 100% for schools transferring to academy status.

The Bill maintains the threshold of 20% but gives the Secretary of State the power to dispense with that threshold for a specific school.

The DfE argues that the Bill protects teachers’ rights when a school converts to academy status. Many will ask why the Secretary of State needs the power to dispense with this threshold if he is not planning on using it.

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

Academies double under coalition

Hannah — Fri, 07 Jan 2011 10:14:00 +0000

More than one in ten secondary schools in England is now an academy, double the number under the previous government.

Over 200 schools have converted to academy status since the Academies Act 2010 came into force, allowing schools to acquire academy status, outside of local authority control, with a view to increasing standards. A further 254 schools have applied for academy status.

Michael Gove called this the “fastest rate of education reform in English history”.

However, academies still cause controversy, with teachers unions believing the system would open up schools to profit-seeking firms, and that schools are being motivated by extra funding when schools are facing severe cuts.

It is hard to tell exactly what schools’ motivation for converting is – perhaps the lure of extra funding, the fear of being left behind, or perhaps simply because they want more freedom. Only time will tell whether or not those motivations will prove well-founded, but it is clear that academies represent a revolution in the education sector.

Posted by Chris Emm, who specialises in commercial property work primarily acting for local authorities and also deals with development and commercial freehold and leasehold matters.

Chris Emm
0115 908 4112
cemm@brownejacobson.com

Academies and VAT recovery – new powers

Hannah — Thu, 16 Dec 2010 09:26:36 +0000

On 9 December 2010, HM Treasury announced that from 1 April 2011 Academy schools should be put on the same footing as local authority maintained schools, in terms of their ability to recover VAT from HM Revenue & Customs in certain situations.

The announcement focuses on Academies recovering VAT which they incur on incoming supplies of goods and services, which are then used by the Academy for its non-business activities. Since providing education free of charge is generally a non-business activity, this is a very relevant point for Academies.

At the moment, Academies don’t have the same powers as local authority schools to recover VAT which they incur in this non-business context. Additional grant funding has been available from the government to try to bridge this gap. But from 1 April 2011 the intention is for Academies to be treated in the same way as local authority maintained schools on this issue.

Andrew Noble
0121 237 3952
anoble@brownejacobson.com

What’s in a name?

Hannah — Wed, 01 Dec 2010 10:33:38 +0000

In the Schools White Paper the Government set out their intention to dissolve the Young Person’s Learning Agency (YPLA). The YPLA is currently responsible for the funding and monitoring of Academies, free schools and 16-19 education provision i.e. further education and sixth form colleges. In its place there will be a new executive agency of the DfE which will take over these functions, aptly named the Education Funding Agency (EFA).

The EFA will also distribute school funding to local authorities for schools that are not yet academies, which the Local Government Group says adds a further level of unnecessary bureaucracy. However, with more schools set to become Academies, the EFA’s role will involve funding more schools directly. This will reduce bureaucracy and enable Academies to access money that was previously top-sliced by LAs before they converted.

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

Momentum builds as academies programme expands

Hannah — Thu, 18 Nov 2010 15:05:30 +0000

It’s been a busy week for the DfE. First, the government announced plans to force under performing schools to become academies. This was followed by promises of an extra £3 billion investment for the Leaders in Education programme to help recruit strong head teachers ‘to turn around weaker schools‘.

Yesterday, it was announced that all good schools with outstanding features will automatically be eligible for academy status and special schools will be able to apply to convert in January. The DfE have also stated that every school can apply to become an academy by working in partnership with highly-performing schools.

It is clear that Michael Gove is intent on making academies the rule rather than the exception for every school as soon as possible. Critics arguing against the programme say it will lead to weak coordination at Local Authority level and a fragmented education system. Nevertheless those that choose not to convert may find themselves in the minority before too long.

Mark Blois
0115 976 6087
mblois@brownejacobson.com

Academy success

Hannah — Wed, 20 Oct 2010 10:01:37 +0000

Definitive research has been published indicating that Academies have achieved significantly better results than their predecessor schools due to speedy decision making and innovative teaching methods. The findings mirror the National Audit Office’s findings in its recent Report on Academies’ academic attainment for their pupils.

This research lends support to the government’s Academies programme and no doubt the government will wish to press forward with allowing non-outstanding schools to covert to Academy status as soon as possible. We are acting for many ‘converting’ schools and this research suggests the rate of conversions will not die down anytime soon.

Posted by Dai Durbridge, who specialises in defence claims for social services,education and care providers; risk management presentations and workshops on child protection in education.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Robust governance and accountability for academies recommended

Hannah — Mon, 27 Sep 2010 08:11:01 +0000

The National Audit Office’s (NAO) latest report highlights concerns over the financial management and governance of academies.

Whilst the Young People’s Learning Agency (YPLA), the body responsible for financial monitoring of academies, has powers to monitor academic and financial performance of academies, it has no equivalent processes for monitoring standards of governance.

The NAO report recommends that if those charged with governance fail to comply with the terms of the funding agreement and the articles of association, then the YPLA should have the power to intervene and possibly terminate the contract.

From January 2011 all academy schools will be awarded exempt charity status. As more schools convert into academies clearer and tighter controls will be needed, and the YPLA will need more resource to carry out their function. The Government will shortly clarify whether it intends the YPLA to adopt the role of principal regulator and the full remit it will have in that expanded role.

Mark Blois
0115 976 6087
mblois@brownejacobson.com

Academies – only 32 hares but potentially plenty of tortoises

Hannah — Fri, 03 Sep 2010 09:49:27 +0000

The Department for Education has revealed that a total of 142 schools are currently on track to convert to academy status this academic year. 32 of these conversions will take place this month.

The conversions form part of the Government’s much-publicised new academies programme, which encourages maintained schools to adopt academy freedoms. Based on the current number of schools due to convert, the NUT has deemed new academies “a failure”.

However, as relevant legislation only came into force last month and the option of conversion is only currently available to “outstanding” schools, surely many schools will be keen to see how the frontrunners fare before committing to a conversion? A slow start perhaps, but with a full school year now ahead, the pace of conversion could rise significantly.

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

Academies Act passes into law

Hannah — Thu, 29 Jul 2010 13:44:07 +0000

The Academies Act passed into law earlier this week, paving the way for hundreds of schools to become academies. The government has been criticised for rushing the legislation through Parliament using procedures usually reserved for national emergencies. Christine Blower, general secretary of the NUT, has said, “Whatever people’s views on academies may be, by by-passing the usual democratic process, the legitimate and essential right to debate such an important issue is removed”. However, schools that want to become academies will welcome the swiftness of the legislation, which means that they can proceed quickly to become academies and obtain the freedoms associated with conversion.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

Consultation on becoming an academy – better to be safe than sorry?

Hannah — Fri, 11 Jun 2010 13:34:47 +0000

‘Outstanding’ schools who want to become academies may no longer need to consult with the local authority, parents and other stakeholders. The new Academies Bill does would not require schools to consult on becoming an academy. However, schools would still have the option to consult if they wished to do so.

The government appears to hope that removing the requirement to consult will help successful schools to become academies quickly, even by as soon as this September. However, schools which do not consult could run the risk of legal challenges by the local authority or parents who may argue successfully that they had a ‘legitimate expectation’ that the school would seek their views. Despite the duty to consult apparently being lifted, it remains to be seen whether governing bodies will decide that it is safer to consult stakeholders in order to avoid potential delays to becoming an academy as a result of long drawn-out and costly legal challenges.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

Full steam ahead for 'academies revolution'

Hannah — Fri, 04 Jun 2010 15:23:51 +0000

This week, Michael Gove announced that over 1000 schools have expressed interest in becoming academies. The government’s Academies Bill, introduced last week, enables all maintained schools to apply to become academies. It also promises automatic approval of academy status for those schools judged “Outstanding” by Oftsed.

To date, 626 “outstanding” schools have registered their interest in converting to academies. Despite their existing success, they are presumably tempted by the promise of greater independence.
Rapid expansion of the academy population currently looks inevitable and the government has been keen to emphasise the types of freedoms that academies will enjoy, such as the freedom to adapt the National Curriculum and vary the length of the school day. However, governors and the wider school community may still need to be convinced of the benefits of conversion, not least because of its historic association with failing schools.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

‘Outstanding’ schools to have automatic right to become academies

Hannah — Mon, 24 May 2010 11:07:26 +0000

The new government is expected to give all ‘outstanding’ schools the automatic right to become an academy.

Many schools rated highly by Ofsted are already planning to take up the offer quickly, with the first schools due to become academies by this September. Academies are independent of local authorities and can employ their own staff and set their own admissions policy.

For successful schools, these freedoms are likely to be appealing. The policy is also very attractive for the new government in light of reduced public spending. Under Labour, schools gained autonomy by becoming an academy, but the scheme typically included new buildings and capital assets, such as ICT. However, by allowing existing schools to become academies, the government can ensure that many successful head teachers get the independence they say they want without the need for expensive capital investment.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

Failing schools 'to be Academies'

Browne Jacobson — Fri, 09 Oct 2009 12:39:17 +0000

Mr Gove, Shadow Schools Secretary, stated yesterday he does not wish ‘another generation of our poorest children to have their future blighted by failing schools’. Interestingly, the Tories believe their plan of focusing on less failing schools is the way the next generation will benefit.

By concentrating on the worst performing schools – a mere 56 as opposed to Labour’s National Challenge Scheme which currently includes 270 schools – Mr Gove plans to draft in heads who are familiar with turning schools round. Further to this, he wants the most outstanding institutions to be exempt from Ofsted inspection in order that underperforming schools can be targeted.

The question, with which we are left, is what will happen to those schools that are neither failing nor excelling?

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com