all about mats!€¦ · partnership working • common action • memorandum of understanding •...
TRANSCRIPT
All about MATS!
Dominic Swift & Victoria Hatton5 October 2015
Agenda
1. Introducing academies2. Why are schools forming MATs?3. What types of schools and academies are forming
MATs?4. How does governance work within a MAT?5. What are the key issues to consider in deciding
whether to create or grow a MAT?6. Are there any additional considerations for MATs
containing church schools?7. How do you become a MAT?
Introducing academies
Maintained school
Governing Body
Headteacher
Community model
Governing Body• Strategic direction,
accountable, critical friend• Corporate body with separate
legal identity
Headteacher• Responsibility for the day-to-
day management of all aspectsof the school
• Delegates duties to othersenior leaders and staff
School
Appointsone
governor
Local Authority• Responsible for the running
of the school• Owns school land and
buildings• Employ staff• Provide services from ‘top-
sliced’ central governmentfunds
• Admissions authority
Voluntary controlled (VC) model
Governing Body• Strategic direction,
accountable, critical friend• Corporate body with separate
legal identity
Headteacher• Responsibility for the day-to-
day management of all aspectsof the school
• Delegates duties to othersenior leaders and staff
School
Appointsone
governor
Local Authority• Responsible for the running
of the school• Sometimes owns some
school land and buildings• Employ staff• Provide services from ‘top-
sliced’ central governmentfunds
• Admissions authority
Diocese (foundation)• Owns school land and
buildings
Appointsminority ofgovernors -at least twobut no more
than 1/4
Voluntary aided (VA) model
Governing Body• Strategic direction,
accountable, critical friend• Corporate body with separate
legal identity• Responsible for the running of
the school• Employ staff• Admissions authority
Headteacher• Responsibility for the day-to-
day management of all aspectsof the school
• Delegates duties to othersenior leaders and staff
School
Appointsone
governor
Local Authority• Sometimes owns some
school land and buildings• Provide services from ‘top-
sliced’ central governmentfunds
Diocese (foundation)• Owns school land and
buildings• Contributes 10% towards
capital costs
Appointsmajority ofgovernors –
mustoutnumber
othergovernors byat least two
Academies – how we got here
• ‘Old style’ academies under Labour government• Academies Act 2010• May 2010 - 203 academies• July 2015 – 3299 converter academies and 1423
sponsored academies
Academy trust modelAcademy Trust• Charitable company registered at Companies House
& governed by Articles of Association• Enters into Funding Agreement with Secretary of
State• Responsible for the running of the school• Employ staff• Admissions authority• Own land and buildings (either freehold or 125 year
lease)• Strategic direction, accountable, critical friend
Principal• Responsibility for the day-to-day management of all
aspects of the school• Delegates duties to other senior leaders and staff
School (aka Academy)
Articles mayallow LA toappoint up
to 1Governor
but notcompulsory
LA has noformal role
Academiesreceivefunding
direct fromcentral
government(EFA)
What is an academy?
• State funded independent school run by a charitablecompany limited by guarantee
• Governance rules set out in Articles of Association• Funded direct from central government• Local authority plays no formal role in overseeing
academies – Education Funding Agency and theRegional School Commissioner
• Employ their own staff• Are their own admissions authority• Own their own land (leasehold/freehold)
Shared governance vs. partnership working
• Community• Voluntary
Controlled• Voluntary
Aided
Alternative options
Single school• Foundation (with
no foundation)• Trust• Co-operative trust• Academy• Co-operative
academy
‘Standard’models Multi school
Shared governance• Federation• Multi-school trust or
cooperative trust• Multi-academy trust or
cooperative trust
Partnership working• Common action• Memorandum of
understanding• Collaboration agreement• Collaboration company
Why are schools forming MATs?
Rationale for forming MATs
Budgetaryconcerns
Economies of scale Pressure from theDfE
Protecting ethosof the school bygrouping with
others
Educationalimperative
Fear of forcedacademisation
Other drivers for collaboration
teacher training& education
diminishing LAcapacity/services
accountabilityagenda
leadershipcapacityshared services
creating safetynet
educational outcomes
What types of schoolsand academies are forming MATs?
Types of schools/academies forming MATs
• Groups of maintained schools joining together to formMATs
• Maintained schools joining existing MATs• Existing single academies converting to MATs• Existing single academies joining MATs• Church schools
How does governance work within aMAT?
Single academy trust
Members
Board of Governors / Directors / Trustees
Principal
Multi academy trust
Members
Board of Governors / Directors / Trustees
[Chief Executive Officer / Executive Principal]
Local GoverningBody/Advisory Board
Local GoverningBody/Advisory Board
“Sponsored” academy
Members
Board of Governors / Directors / Trustees
[Chief Executive Officer / Executive Principal]
Local GoverningBody/Advisory Board
Local GoverningBody/Advisory Board
Sponsorappointsmajority
of membersand trustees
Role of the Trustees
Director = company law
Trustee = charity law
Governor = education law
Role of the Local Governing Body
• Committee of the Board to ensure good academygovernance at a local level
• Not a legal entity in own right and are not “Governors”in law
• Board can delegate duties and decision making powersto LGB but not responsibility or accountability
• Scheme of Delegation – written terms of reference forthe LGB
Effective multi academy trust governance
1. Clear vision and a shared set of core values2. The right people in the right role3. Clarity on respective roles and responsibilities4. Commitment to work together and to support others to fulfil
their roles effectively5. Effective channels of communication between different
tiers of governance
= TRUST
What are the key issues to consider indeciding whether to create or grow a
MAT?
Key considerations
MAT
Shared visionand ethos
Governanceand leadership
Communication
Centralisationof
administrationDue diligence
Are there any additionalconsiderations for MATs containing
church schools?
Issues for church schools
• Liaison with Diocese• Governance requirements• Use of church land
How do you become a MAT?
Different types of MATs
outsidesponsor
schoolled with
leadschool
schoolled
MAT
register
apply
academyorder
fundingagreement
open
Converting to an academy
Conversion process
• Register interest online• GB set up working party• Start consultation• GB passes resolution in favour of conversion• Apply to DfE, then receive Academy Order• School receives £25,000 grant• Begin TUPE process
Conversion process
• Finalise governance documents (incl. create andregister Academy Trust at Companies House if notalready established)
• Finalise land arrangements• Finalise commercial transfer agreement• Submit funding agreement to DfE• DfE signs funding agreement• Pre-opening measures
Converting to a multi academy trust
• consultation• business case
• amending Articles of Association• changes to composition of members and trustees
• deed of variation• master and supplemental funding agreements
• identifying and investigating potential partner schools
• bank accounts• finance software
Significantchange
Governance
FundingAgreement
Duediligence
Infrastructure
Main (legal) points to consider
Tips for moving forward
• Be clear on your joint aims and objectives (SMART)
• Clear timeline – particularly for decision making
• Commit resources
• Inclusive?
Questions?
Find out more
• How multi-academy trusts work [webinar] – May 2014
http://www.education-advisors.com/resource/making-multi-academy-trust-groups-work-webinar-may-2014/
• Exploring multi-school solutions [guidance note]
http://www.education-advisors.com/wp-content/uploads/2013/08/NAHTBJ_ExploringMultiSchoolSolutions-final.pdf
• Converting to academy status [FAQ]
http://www.education-advisors.com/resource/faqs-converting-academy-status/
Victoria Hatton | 07825 309322 | 01392 [email protected]
Contact us
Please note
The information contained in these notes is based on the position atOctober 2015. It does, of course, only represent a summary of thesubject matter covered and is not intended to be a substitute fordetailed advice. If you would like to discuss any of the matterscovered in further detail, our team would be happy to do so.
© Browne Jacobson LLP 2015. Browne Jacobson LLP is a limitedliability partnership.
Dominic Swift | 07979 536996 | 0121 237 [email protected]