Decision details

The purpose of this report is for Cabinet to consider delegating authority to authorise the conversion of a school to academy status.  

Cabinet considered the report and RESOLVED to delegate authority to the Corporate Director of People Services in consultation with theCabinet Member for Education, Skills and University to negotiate and enter into the following, for the purposes of giving effect to the conversion of a School (Nenegate) to academy status: 

1.    A Commercial Transfer Agreement between the relevant parties;  

2.    Deed(s) of Novation between the relevant parties, if required;  

3.    Deed(s) of Assignment between the relevant parties, if required; and 

4.    Any other documentation reasonably required to facilitate the academy conversion, in the view of the Corporate Director of People Services. 

The Council is obliged under the Academies Act 2010 to cease maintaining a school on the date it opens as an Academy and must take all reasonable steps to facilitate the conversion of a school into an Academy once an Academy Order has been made. 

The Council’s consent is not required for a school to convert to an Academy and if the Council does not cooperate with the conversion process by negotiating and entering into lease arrangements and also the CTA, it would be in breach of its statutory obligations to facilitate the conversion.   

The Secretary of State has the power to make transfer schemes under the Academies Act 2010 in relation to property, land, rights and liabilities (including rights and liabilities in relation to staff) which would be binding on the Council. It is, therefore, preferable for the Council to reach agreement with the Governing Body of the School and Trust and enter into the CTA and associated documents in respect of these matters, rather than be subject to transfer schemes made by the Secretary of State.   

In the early stages of an academy conversion, it is not possible to confirm, with certainty, what documentation will be required and the provisions which will be contained within such documentation, as this will be subject to the relevant due diligence being carried out (such as looking into the circumstances of the site, for example) and subsequent negotiation with the Trust and Governing Body of the School. Accordingly, it is recommended to delegate authority to the Corporate Director of People Services to negotiate and enter into the relevant documentation in due course, after such investigations and negotiations have been carried out and the details of the documentation are known. 

Do nothing: 

The Council could choose to not enter into the negotiations or execute the relevant documents, listed above, however, this would mean that it would be in breach of its statutory obligations and the Secretary of State would make the transfer schemes under the Academies Act 2010 without the Council’s consent, which would be binding on the Council. It is, therefore, preferable for the Council to reach agreement with the Governing Body of the School and Trust and enter into the CTA and associated documents in respect of these matters, rather than be subject to transfer schemes made by the Secretary of State.  

Councillors Coles advised that he had previously been Chair of Governors at Nenegate school, but no longer held the position.

None.