Academy A
Nicholas Hancox advised the company sponsoring one of the early Academies on the education-law aspects of their project.

Academy B
Nicholas Hancox advised the joint promoters of this Academy on school governance and on the range of policy documents required.

Academy C
Advised by Nicholas Hancox and two QC's, one of our current clients is negotiating for a new Academy to take the place of a group of independent faith schools. We are optimistic that the negotiations will soon bear fruit.

NEWS

The Coalition Government has published a raft of new information about its twin programmes for the public funding of new 'Academies' and 'Free Schools' in England.
Legally, the two will be very similar. Both Academies and Free Schools will be "Independent Schools" funded by the Department for Education. The Secretary of State is planning to use his existing powers in section 482 of the Education Act 1996 and section 14 of the Education Act 2002 to fund the new Academies and the new Free Schools.

New Academies
The process of converting an existing maintained school into an Academy will be streamlined by the Academies Bill , which is now in Parliament. Maintained schools which are approved for conversion (all Ofsted "outstanding schools" are automatically approved) will find that their local authority funding stops quite suddenly and is immediately replaced by DfE funding.
Similarly, the school staff currently employed by the local authority (in community and VC schools) will be transferred immediately to a new employer, which will be the charity which will run the school.
The school buildings and playing fields will also transfer to the new owners, but this can be expected to be a more protracted and troublesome transfer, especially if there are joint user projects to sort out, or shared playing fields.
Finally, the school's accumulated capital funds will transfer to the new school, if and when everybody agrees that these funds did exist and that they did 'belong' in some way to the outgoing school governing body.

Free Schools
The Free Schools project is aimed at parents and teachers who want to start a completely new local school, which they can run with DfE funding. The New Schools Network has been commissioned to advise and assist applicants, but the decisions will be made in the DfE.
There is no transfer of staff or property or money here, because the Free School is essentially brand new. Instead the promoters have to demonstrate to the DfE that they have:

  • The drive to set up and run a new school;
  • The necessary educational and organisational skills;
  • Some promising ideas as to a site or building for the school locally;
  • An initial list of interested parents who can be expected to send their children.

Note: It is not yet clear whether existing independent schools can apply for funding and become a Free School. If they are parent-led and well-organised, with high standards of education, but struggling a little financially, then perhaps the Minister might be persuaded...