ACADEMIES ACADEMIES
As a Trust, it must comply with company law as set will consider whether it is publicly funded, whether it
out in the Companies Act 1985, charity law, and the can exercise its statutory powers, performs a function in
In the eyes
requirements of the Charity Commission. place of local government, or provides a public service.
Trust and company law is complex. Suffice to say The government has always made it clear that it was
that the effects of the above ensure that the academy’s never its intention that pupils attending an academy would
finances are transparent and non-profit-making. It benefit from a lower level of human rights protection than
also means that if a sole sponsor in the form of a would be the case for a maintained school.
philanthropist or company director were to die, the Academies receive direct funding from the DCSF,
sponsor’s relationship with the school has the ability to and contribute to the UK’s delivery of the statutory
of the law
continue after their lifetime. right to an education.
Therefore, despite their semi-independent status, the
Operation of academies
presumption from now is that the Human Rights Act is
Responsibility for the day-to-day running of the academy applicable to the operation of academies.
lies with its governing body, although the sponsor is able
to appoint the majority of governors, thereby giving it
Termination
control of the school’s philosophy and direction. Given that the academies programme is a relatively
However, Funding Agreements with the Department recent development, some of the practical effects of
for Children, Schools and Families (DCSF) require that the programme – for example, what happens when a
a local authority representative and a member of the sponsor wishes to end its relationship with an academy
public are also members of the governing body so as to – are only recently having to be considered.
ensure some degree of local accountability. This has happened in the case of the Unity City
The governing body, as with a foundation or Academy in Middlesborough, and may happen with
voluntary-aided school, has a wide range of influence, increased frequency as a consequence of the current
Academies are an anomaly in the education sector
ranging from the employment of the academy’s recession.
principal and staff, through to the approval of policies The termination of an agreement has always been
– schools funded by the state yet operating outside
and procedures for the school. recognised as a possibility within the terms of the
The governing body also has responsibility for Funding Agreement, under which the academy or the
local authority control. Legal expert Mark Blois
compliance with the statutory health and safety legislation government may terminate the contract with a required
and, in the event of any legal challenge, it is the governing notice period of not less than seven years.
takes us through how the law views academies
body that is the subject of legal proceedings. The government may also independently take the
decision to terminate an academy agreement if it is
Academy legal status
of the opinion that the institution no longer has the
Academies represent something of a legal hybrid. On characteristics of an academy or is failing to meet its
the one hand, they are schools operating within the state conditions and requirements.
ACADEMIES ARE a fundamental part of the significant feature on the education landscape for the system, but they are regulated as independent schools Ultimately, the government may serve a notice on
government’s education policy, aimed at driving up foreseeable future. and are controlled by the contract with the secretary the academy under section 165 of the Education Act
standards and increasing opportunities. This article examines the legal process for creating of state. 2002, by which the academy will be struck off the
The first academy projects were announced in academies and explores some of the legal issues that With the exception of where a local authority is a Register of Independent Schools.
September 2000, and the first three opened in 2002. arise in relation to academies’ operation. co-sponsor in an academy, the local authority will have In the event of termination, the school ceases to be an
More recently, the government committed to opening no direct legal relationship with the academy. academy within the meaning of section 382 of the 1996
400 academies. Some 200 academies are due to open
Setting up of academies
However, although registered as independent Act. In the event that the Funding Agreement is ended,
by 2010. The legal framework setting out the conditions necessary schools, academies are arguably more closely related to ownership or interest in the land and/or the building can
Recently, there has been a much heralded expansion to gain academy status are contained in the Education the model of schools found in the local authority family be disposed of without government consent.
of the programme, with the government stating that Act 1996, as amended by the Education Act 2002. of schools than to independent schools.
demand from parents is so high that it may be possible Essentially, academies are all-ability, state-funded Under section 482 of the Education Act 1996, as
Conclusion
to continue opening 100 academies a year after 2011. independent schools, which are established and amended, an academy must provide “education for The legal issues relating to academies are many and
At the same time, the academy programme has managed by sponsors. pupils of different abilities who are wholly or mainly fast-developing. Most recently, it has been proposed in
generated a great deal of press interest and considerable Once established, an academy is owned and run by the drawn from the area from which the school is situated”. the new Apprenticeships, Skills, Children and Learning
debate, provoking a diversity of feelings among Academy Trust, which is a company limited by guarantee Furthermore, under the Funding Agreement, all Bill that going forward, the DCSF will only retain
education professionals and parents alike. While the with charitable status. The Trust has responsibility for the academies are bound by the same School Admissions control over decisions relating to the formation of new
Liberal Democrats have recently announced that they building and the running of the academy, as well as Code and SEN Code of Practice as a state-funded academies.
would scrap this model of school, academies will be a control over the land and other assets. school. While there have been a number of concerns A new body, the Young People’s Learning Agency,
around academies and special needs, parents’ rights to which will come into being in 2010, will effectively
appeal to tribunal in respect of SEN or disability matters become a “national” local authority with responsibility
is unaffected if their child attends an academy. for day-to-day management and funding of existing
In addition, academies are now required to follow academies.
the national curriculum in English, mathematics, Interesting case law is also known to be in the
science and ICT, and they are inspected by Ofsted in pipeline and, overall, the academies programme is
the same way as other maintained schools. likely to remain high profile for some time to come.
In terms of the effect of the Human Rights Act
1998, this has been the subject of some debate. The • Mark Blois is a partner with education law firm
Human Rights Act only affects public authorities. In Browne Jacobson and a SecEd editorial panellist. Visit:
defining whether a body is a public authority, the Act www.brownejacobson.com
Election countdown
In the next 12 months, there will be a general election
in the UK. Chris Parr looks at how the result might
impact the academies programme
ALL THREE major political parties have said that the Last week, Mr Balls announced two new academy
academies programme is still in their plans, although – proposals in Redcar and Cleveland, and Halton. He
perhaps predictably – they do not agree on everything. also signed funding agreements for two academies in
Nottingham and Hertfordshire.
Labour
The Labour Party has placed academies at the heart of
Conservatives
its plans to drive improvement in schools it views to Tory plans suggest that the academies programme
Let Moss Bros Hire, the UK’s leading formalwear hire specialist with the most stylish be “failing”. would be expanded more rapidly than under Labour.
Under current plans, ministers are committed to Speaking at the 2008 Conservative Party conference,
range of affordable tuxedos, help turn out the best groomed students in town.
opening 400 more academies, around 240 of which it Michael Gove, shadow minister for children, schools
wants to be in development by 2010. Some 60 of these and families, said: “We expect to double the number
will be in London. of academies currently planned. We will be on course
In June 2008, the government’s National Challenge for academies – self-governed schools – to become the
programme identified more than 600 schools where norm in secondary education.”
S p e c i a L S t U d e n t o f f e r
fewer than 30 per cent of students were achieving five A 2007 Tory Green Paper announced the party’s
£ 2 6 . 0 0 t w o p i e c e t U x
A* to C grades, including maths and English, at GCSE. intention to increase the number of academies in
Although around 200 of these schools climbed England to create at least 220,000 “good school places”
above the 30 per cent threshold following 2008 results, over nine years. This academy development would
the schools on the list are still part of the National be funded by redistributing around 15 per cent of the
Challenge programme and, should they fail to make money allocated to the Building Schools for the Future
Your local Moss Bros Hire store can visit your school for a free,
sufficient progress, closure or conversion to academy programme, the Tories say.
status are options. Under its proposals, the party says planning rules
no fuss fitting service for your students.
Ed Balls, minister for children, schools and families, would be loosened to allow groups such as charities and
said: “There is a group of schools that are still under 30 concerned parents to set up schools more easily.
Call 07774 965 587 or visit mossbroshire.co.uk per cent, but not yet improving. Many of these higher Mr Gove has also said that schools wishing to
risk schools are already subject to transformational become academies could qualify for extra money if
plans, including academy projects.” they agree to help another underperforming school.
There are already plans in place to turn around 80 He said: “We’ll ask every new academy to team
National Challenge schools into academies. up with a school which needs extra support. The
MBH HSP ad.indd 1 27/03/2009 14:20:23
18 SecEd • July 9 2009
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