Academies Bill
In England
By John Fowler. Published 16 June 2010
Overview
The Queen’s Speech on 25 May 2010 announced the Academies Bill and the Cabinet Office briefing on the Bill states that the Bill will “enable more schools to become Academies and give them the freedoms and flexibilities they need to continue to drive up standards”.
The Academies Bill was introduced into the House of Lords on 26 May 2010. Explanatory Notes are available along with an Impact Assessment, an Equalities Impact Assessment and a Memorandum for the House of Lords Committee on Delegated Powers and Regulatory Reform (explaining the powers in the Bill delegated to the Secretary of State). The Department for Education (DfE) has published an Application to Convert form and Guidance for schools becoming Academies. (Click on the Green links to download the documents.)
The Bill is short comparatively (16 clauses over 20 pages), and is exclusively devoted to academies. The ‘Long title’ is ‘Make provision about Academies’.
Briefing in full
The Bill
Academy Arrangements (clauses 1 and 2)
Academies will be governed by “academy arrangements” which consists of either
- an ‘agreement’ between the Secretary of State and the person establishing the academy who agrees to ‘undertakings’, or
- where the person is ‘financially assisted’ in return for giving ‘undertakings’ to run an Academy.
The 210 Academies established since 2002 have an ‘agreement’. It is likely that Academies converting from maintained schools will be ‘financially assisted’. Funding will be under section 14 of the Education Act 2002, section16 of which enables the Secretary of State to specify that “Financial assistance … may be given on such terms as the Secretary of State ... considers appropriate” and “the person receiving assistance must comply with the terms on which it is given, and compliance may be enforced by the Secretary of State”.
The ‘undertakings’ are to maintain an independent school in England which has a balanced and broadly based curriculum, if a secondary school then it must have a specialism, provide for pupils of different abilities, i.e. cannot be wholly selective, admit pupils wholly or mainly drawn from the area in which the Academy is situated and not charge pupils for admission or attendance at the school. Charging is permitted for specified items (for existing Academies this has been the same for maintained schools).
For schools which have an ‘agreement’, clause 2 specifies that the agreement requires at least seven years notice by either side to terminate, and for recurrent and capital expenditure.
The ‘undertakings’ do not apply to special schools converting to Academy status. The Secretary of State receives a power to change the trust deeds of a non-maintained special school in order to allow such a school to receive Academy status.
Academy Orders (clauses 3 to 7)
A maintained school governing body can apply to the Secretary of State for conversion to an Academy. However, in the case of a foundation or voluntary school with a foundation (many foundation schools and possibly some voluntary schools do not have foundations) must first consult the foundation, and then seek the consent of the trustees of the foundation and those bodies which appoint foundation governors.
The Secretary of State converts a maintained school into an Academy by an Order and makes ‘academy arrangements’ with the Academy (see above). The Order making power can be in response to an application from a maintained school or because the Secretary of State resolves to convert a maintained school that is eligible for intervention. The Secretary of State can decide not to make an Order (the school cannot withdraw an application once made). The local authority, governing body and head teacher must be informed of the Secretary of State’s decision. There is no direct Parliamentary scrutiny of the Secretary of State’s Order making power, and the Order can contain incidental, consequential, supplemental and transitional provisions. This is likely to include arrangements for governance of the new Academy and other matters to do with setting up the new school.
The local authority “ceases to maintain” the school on the “conversion date”. The requirement that Academies take pupils of different abilities is disapplied for schools which are already Academies, that is, grammar schools can retain their pupil selection arrangements. The religious character of a school is preserved on conversion. School budget surpluses are transferred to the new Academy. Property is transferred, including include all rights and liabilities of the previous school, if contained in a ‘property transfer scheme’ (except land - see below).
Academies: other provisions (clauses 8 to 10)
Each Academy will be an exempt charity. Land will be transferred to the new Academy, and any disputes may be resolved by the Secretary of State using an arbitrator. Provision is made for the land to return to the original user should the Academy close.
General (clauses 11 to 16)
Provision is made for existing Academies, the two City Technology Colleges and the one City College for the Technology of the Arts to transfer to the new arrangements, and retrospective provision is made for schools to make an application prior to the Bill receiving Royal Assent. Some conversion matters are dealt with such as the requirements of the Transfer of Undertakings Protection of Employment (TUPE) Regulations.
Progress
The Bill had its second reading in the House of Lords on 7 June, and two days in Committee on 21 and 23 June. It is expected to reach the Commons in the week beginning 28 June, and Royal Assent obtained by the date fixed for the Summer recess (29 July).
Comment
The mix of schools with different governance and funding arrangements has been getting more complex for some time now. While the effect of the Academies Bill will in time make this mix even more complex, local authorities have continually demonstrated their ability to work with all types of schools including the 200 plus Academies created during the past seven years. Given the oft demonstrated ability of local authorities to be flexible to meet new circumstances, there is no reason why this cannot continue with a new wave of Academies, albeit following conversion from maintained school status, and possibly against the advice of the local authority. The task of reconfiguring support services, and local authority finances, will be significant if many schools opt for Academy status. This is especially so in a period of reductions in Government grant to local government but, as with past changes in Government policy, local authorities have shown they are up to the task.
There is of course an inevitable fear of change especially with a framework Bill which leaves so much to Ministerial discretion because so much is unknown. However, in his letter to local authorities, the Secretary of State (Michael Gove) has stated that he wants local authorities “to continue to be powerful champions of education excellence” with a strong strategic role. However, local authorities want a role that is more than the pursuit of educational excellence, but of excellence for all services for children. Local authorities have developed their role in recent years of ensuring all children get a fair and equitable deal whichever type of school they attend. This can only be done if schools which children attend are concerned not just with their academic development but with the wellbeing of children as well, particularly the most vulnerable.
It is to be hoped that some of the difficulties with the legislation will be resolved following its passage through Parliament, and will leave local authorities in a strong democratic leadership role enabling local communities to be embedded in the new school structures.
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