Posts Tagged ‘academies’

Academies and VAT recovery – new HMRC guidance

Monday, July 4th, 2011

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

Andrew Noble
0121 237 3952
anoble@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

Failing Primaries to become Academies

Friday, June 17th, 2011

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

Hannah Bramhall
0121 237 4563
hbramhall@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 9.0/10 (1 vote cast)

New admissions code published

Friday, May 27th, 2011

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

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

Consultations open on school funding

Friday, April 15th, 2011

This week has seen the Government launch two consultations. The main consultation focuses on developing a new 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

Hannah Bramhall
0121 237 4563
hbramhall@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

Academies conversion now open to all schools as total passes 600

Friday, April 15th, 2011

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

Chris Emm
0115 908 4112
cemm@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

Academies open for all

Friday, April 8th, 2011

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.

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

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

Admissions decisions deliver disappointment

Thursday, March 3rd, 2011

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.

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

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

Creating academy group structures seminar – March 2011

Tuesday, February 22nd, 2011

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

Mark Blois
0115 976 6087
mblois@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 10.0/10 (1 vote cast)

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

Tuesday, February 22nd, 2011

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.

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

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

Academies double under coalition

Friday, January 7th, 2011

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

Chris Emm
0115 908 4112
cemm@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 1.0/10 (2 votes cast)

Academies and VAT recovery – new powers

Thursday, December 16th, 2010

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.

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

Andrew Noble
0121 237 3952
anoble@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

What’s in a name?

Wednesday, December 1st, 2010

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.

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

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 9.3/10 (3 votes cast)

Momentum builds as academies programme expands

Thursday, November 18th, 2010

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.

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

Mark Blois
0115 976 6087
mblois@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

Academy success

Wednesday, October 20th, 2010

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

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 9.5/10 (2 votes cast)

Robust governance and accountability for academies recommended

Monday, September 27th, 2010

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.

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

Mark Blois
0115 976 6087
mblois@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

Academies – only 32 hares but potentially plenty of tortoises

Friday, September 3rd, 2010

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.

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

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

VN:F [1.9.15_1155]
Rating: 5.0/10 (1 vote cast)

Academies Act passes into law

Thursday, July 29th, 2010

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.

Mark Blois

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

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

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

Friday, June 11th, 2010

‘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.

Mark Blois

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

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

Full steam ahead for 'academies revolution'

Friday, June 4th, 2010

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.

Mark Blois

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

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)

‘Outstanding’ schools to have automatic right to become academies

Monday, May 24th, 2010

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.

Mark Blois

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

VN:F [1.9.15_1155]
Rating: 0.0/10 (0 votes cast)