Converting to academy status
Our team of experienced lawyers can help you become an academy with a smooth, stress-free transition. By combining the best lawyers specialising in education law with an affordable fixed fee, we ensure the process is straightforward.
If you’re considering converting to academy status, there are many things to think about. By applying to convert, you’ll turn your school into an independently managed, publicly funded academy.
We’ve been instructed on over 2,000 conversions, so you can have confidence in our extensive experience, while also benefitting from our pragmatic approach, making the complex simple.
What are the benefits of academy conversion?
Converting from a school to an academy can give you better control over your admissions process, budgets and staffing, as well as more freedom to innovate and more tools to create a nurturing environment for pupils.
Browne Jacobson offers our trustees great reassurance. Their considerable experience and expertise ensure that the conversion process is completed professionally, diligently and within the agreed time frame. The team they assemble are skillfully led and extremely meticulous in their approach.
The academy conversion process
As with any legal changeover, there are complexities that could arise. Careful planning is required for every step of the process, and this is where we come in. From establishing a timeline to support your planning, to dealing with the transfer of land and school buildings, TUPE and commercial arrangements, we can provide advice and practical support each step of the way.
1. Preparation and planning
We can’t stress enough how crucial it is to get this first step right. We cover:
- Who needs to be involved?
- Consultation requirements
- What options are available to you and how to make an informed decision
- Timescales – how long does the process take?
Preparation and planning resources
2. Governance arrangements
We set out a typical trust governance structure and consider what that could mean for your autonomy. We explain the importance of a Scheme of Delegation and how understanding governance arrangements early on will help you to make an informed decision.
Governance structure
Members are the custodians of the trust and they appoint trustees
Trustees (commonly known as directors) are responsible for the strategic direction of the trust. They determine the vision, values and ethos.
The Local Governing Body (LGB) or Advisory Board are responsible for local governance at school level. Responsibility is delegated from the trustees through the Scheme of Delegation.
The Scheme of Delegation is different for all trusts and sets out the responsibilities of the LGB. The contents are not prescribed by the DfE, so the Scheme of Delegation varies across the sector dependent on the MAT. This is key to determining how much autonomy is delegated to school level.
Governance resources
3. Application
We look at the DfE process, the benefits of liaising with the regional director before starting the online application and explain the role of the advisory board. We also address what consent is required and how you can unlock funding.
Application resources
DfE Apply to become an Academy service (for mainstream schools)
Apply to become an academy (for special schools)
Pupil referral units: converting to alternative provision academies
4. Legal documents
We run through the legal process and the documents you’ll need, flagging pitfalls to avoid and advising on each stage including:
- Commercial Transfer Agreement (CTA)
- TUPE regulations and the transfer of staff
- Land Questionnaire
- Supplementary funding agreement.
Legal document resources
5. A successful trust
Once you’ve converted to academy status and as your trust develops you’ll need to ensure you’re equipped to handle this growth and the increased complexity it brings. We consider key areas such as HR issues, staff training requirement, company secretary and legal advice and what support and resources are available to you.
Post-conversion support
6. Top tips
We draw from our range of experience to share our top tips which include:
- Engage early with a law firm offering a breadth of expertise
- Build in as much time as you can for the process
- Research to fully understand the MAT you intend to join
- Talk to the regional director to understand trust capacity.
Frequently asked questions
We address some of the most common questions we get asked, which include:
The £25,000 funding you receive from the DfE will usually enough to cover the essentials including legal costs, for which we offer a fixed fee, so you'll know exactly where you stand. You should check with your local authority as they often charge for academy conversion services. Other costs to consider include rebranding, updating pension schemes and ensuring you have the team resource to handle the conversion process.
If your application is successful then you'll receive £25,000 funding from the DfE, which is usually enough to cover the essentials. Further funding streams may also be available to you, if you're a PFI school, have a MAT sponsor or qualify for TCAF funding.
From 1 September 2024, the terms and conditions for the grant change and will be paid only to schools approved to join or form a trust as part of a group of three or more schools.
Yes - if a school is graded 'inadequate' by Ofsted then the Secretary of State is required to put in place a directive academy order and that school must convert to academy status. In addition, where a school meets the legal definition of “coasting”, the Secretary of State has the power to issue an academy order and require academisation. The regional director will then select a suitable MAT sponsor. No consultation is required, except where there is a duty to consult with a relevant Diocese or foundation, but parents and other stakeholders should be informed.
Where a school is concerned that the issuing of an academy order is unlawful, or no longer relevant further to a recent Ofsted inspection, please get in touch and we can advise further. Find out more.
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Contact us
Lydia Michaelson-Yeates
Legal Director
Tom Briant-Evans
Senior Associate
