Decision Maker: Cabinet Member for Children’s Services, Education, Skills and the University
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
The Cabinet authorised the Corporate Director of People and Communities to enter into negotiations of the following for the purposes of giving effect to the conversion of Ken Stimpson Community School to academy status :
1. A Commercial Transfer Agreement between the Council, the Governing Body of the School and the Trust;
2. A Deed of Novation between the relevant parties, in relation to PFI contract, if required
3. Deeds of Assignment between the relevant parties if required.
4. Dual Use Agreements between the relevant parties if required.
As detailed above, the Council is obliged under the Academies Act 2010 to cease maintaining a school on the date it opens as an Academy and to take all reasonable steps to facilitate the conversion to academy status. The section above sets out the implications if the Council fails to cooperate and delegation of authority to negotiate and agree details for academy conversion is required to be able to enter into discussions with the required stakeholders.
The Council could choose to not enter into the negotiations, 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.
Publication date: 04/11/2021
Date of decision: 04/11/2021
Effective from: 10/11/2021