AGENDA ITEM 9
BOROUGH OF POOLE
CAPITAL PROGRAMME BOARD
26 MARCH 2015
CABINET
14 APRIL 2015
COUNCIL
28 APRIL 2015
REPORT OF THE HEAD OF CHILDREN, YOUNG PEOPLE AND LEARNING
ACADEMY TRANSFERS
1.
PURPOSE OF THE REPORT
1.1
To seek a recommendation to Cabinet and Council on the assets and
obligations that it is proposed to pass to Aspirations Academies Trust (AAT),
the sponsor of the new Junior school (Ocean Academy).
1.2
To update Members regarding schools which have converted to Academy
status since September 2014 and those which are in the process of
converting.
2.
RECOMMENDATIONS
2.1
That Cabinet and Council be recommended to approve that the land indicated
within the area marked by a red line on the plan at Appendix A is assigned by
the Council to AAT under a 125 year lease arrangement.
2.3
That the current leases and obligations on the buildings and land within the
red line are assigned by the Council, with the agreement of the Academy
Trust.
2.4
That the Council proceeds, as planned, to complete the building programme
at the school acting as the client with the contractor and transferring its
responsibilities after the defects liability period.
3.
BACKGROUND
Existing schools
3.1
The process for schools converting to academy status involves:

Transferring the employment of the staff of the school(s) from the local
authority or governing body (as applicable) to the academy trust in
accordance with TUPE;
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
Negotiating a commercial transfer agreement for the transfer of assets
and contracts of the school(s) from the local authority and/or governing
body to the academy trust;

Arranging for the academy trust to have use of the land and buildings of
the school(s.
3.2
The land occupied by Community schools is generally owned by the local
authority. The academy trust will occupy the school site by way of a 125 year
lease and the local authority becomes the landlord of the academy trust.
3.3
Foundation Trust schools own the freehold of their land and so the freehold is
transferred from the current foundation to the academy trust so that the
academy trust becomes the outright owner of the land.
3.4
Land ownership for Voluntary schools is often split between the local authority
and the diocese. For any land, owned by the local authority, the academy will
occupy that part of the school site through a 125 year lease. Where the
diocese own the land, it is usual for the diocese to grant the academy trust a
licence to use the land under a church supplemental agreement.
3.5
The current arrangements by which land is either held for the purpose of the
school or used by the school (including the pattern of use and the nature of
that land) and any existing arrangements allowing others to make use of the
school’s land are required to remain extant. The LA cannot transfer land not
used by the school.
3.6
A number of Poole schools have converted to academy status over recent
years. On each occasion when this involved a Community school, Cabinet or
Council approval was sought for the transfer of the land and buildings
3.7
The Head of Legal and Democratic Services has advised that as the Council
is required by law to transfer land and buildings when a school converts to
academy status, Cabinet and Council approval is only required when there
are options to be decided.
New Junior School
3.8
There is a legal presumption that requires LAs to seek proposals to establish
an academy/free school where they have identified the need for a new school
in their area. The LA is responsible for providing the site for the new school
and meeting all associated capital and pre-/post-opening costs.
3.9
The specification for the new Junior school was published via the DfE new
school proposals website in April 2013 and two expressions of interest were
received from potential sponsors. A selection process was undertaken and in
October 2013 Cabinet gave approval to recommend AAT to the Secretary of
State as the sponsor of the new Junior school. On 12th December 2013 the
Department for Education confirmed that AAT had been appointed as
sponsor for the new Academy.
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4.
OCEAN ACADEMY
4.1
The land and buildings for Ocean Academy will transfer to the Academy
either on practical completion of the works at the end of May or at some date
soon after. The Academy is due to open on the 1st September 2015 so this
is the latest possible date for the legal transfer of the site under the standard
form 125 year lease.
4.2
After the transfer the legal position of BoP and the Academy will change
fundamentally and all BoP post transfer contractors will need licence and
consent from the academy to go onto the premises.
4.3
The area marked by a red line on the plan at Appendix A indicates the land to
be assigned by the Council to AAT under a 125 year lease arrangement. The
area marked by a green line indicates the area that will be occupied under
licence by the construction contractor for the new build school until the
handover of the sports pitch on 30th August 2016.
4.4
The area marked by a blue line on the plan at Appendix A is the land at the
north of the site, adjacent to the Bournemouth and Poole College site which is
being acquired by the Council. This land is outside the red line of the land to
be assigned by the Council to AAT in order that a new vehicular access from
Ringwood Road to the College site could be created if needed to facilitate the
future re-development of the site.
5.
CONVERSIONS SINCE SEPTEMBER 2014
Broadstone First School
5.1
Broadstone First School converted to academy status on 1st September 2014
as part of the Castleman Academy Trust.
Broadstone Middle School
5.2
Broadstone Middle School converted to academy status on 1 st September
2014 as part of the Castleman Academy Trust.
Merley First School
5.3
Merley First School converted to academy status on 1st March 2014 as part of
the Wimborne Multi-Academy Trust.
6.
CONVERSIONS IN THE NEXT SIX MONTHS
6.1
The Education Alliance of Canford Heath (TEACH) is a federated foundation
trust is in the process of converting to academy status. This is due to take
effect on 1st April 2015. TEACH consists of Ad Astra Infant School, Canford
Heath Infant School, Canford Heath Junior School and Haymoor Junior
School.
6.2
Manorside Primary School is in the process of converting to academy status.
The school was due to convert on 1st March 2015 but this has been delayed
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due to discussions about the lease.
convert on 1st April 2015.
It is now anticipated that the school will
6.3
A number of other schools have advised officers informally that they are
taking into account the options for conversion to academy status. These
schools have yet to notify the DfE that they are considering academy status.
7.
CHANGES TO EXISTING ACADEMIES
7.1
The Secretary of State for Education has agreed to a change of sponsor for
St Aldhelm’s Academy. The lease permits assignment or transfer of the
whole of the property to a successor charitable or public body where the
Secretary of State has given approval in writing to such an assignment or
transfer. The new sponsor is Ambitions Academy Trust. There is also a Joint
Use Agreement in place in respect of Rossmoor Leisure Centre which can
also be assigned with the consent of BoP.
8.
FINANCIAL IMPLICATIONS
8.1
The Schools and Council complete an Asset Transfer Agreement in a
standard form for the transfer of assets and contracts of the school, which
includes furniture and equipment and any contracts for works, supplies or
services, from the local authority and/or governing body to the academy trust.
9.
RISK MANAGEMENT IMPLICATIONS
9.1
There is a risk to the Council from a shortage of resources in the Estates and
Legal Services departments which have come under pressure through these
and other projects. The additional work required to establish, with clarity, the
leases and agreements can be hindered by not being sufficiently resourced
which has resulted in additional external legal services being procured when
necessary at additional cost to the Council.
9.2
There is a reputational risk to the Council if the progress of Academy
conversions is impeded by not having regard to the interests of the children
and the school when under its new governance by the Academy Trust or
sponsor. This applies especially to our obligations to transfer Community and
Voluntary Controlled schools in a fit physical, professional and financial state.
10.
EQUALITIES IMPLICATIONS
10.1
The Equality Act 2010 (Specific Duties) Regulations requires public
authorities and those that exercise public functions (including schools and
academies) to publish information showing their compliance with the general
equality duty and to set and publish equality objectives.
10.2
Each governing body or academy proprietor should decide for itself what
information it publishes. This will vary greatly depending on the size of the
school and the range of functions it performs. The compliance information
must then be published at least every year, with the equality objectives being
published at least every four years.
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10.3
The Regulations require all schools and academies to prepare and publish
one or more objectives it thinks it should achieve in order to comply with the
general equality duty.
11.
LEGAL IMPLICATIONS
11.1
Using provisions in the Education Act (2002) academies are established by
the Secretary of State entering into a legally binding contract – the Funding
Agreement (FA) – with the Academy Trust. The Funding Agreement provides
the framework within which the Academy must operate and each Academy's
Funding Agreement will vary according to the needs of the area and the
Academy Trust.
11.2
The Academy Trust becomes the legal employer. The staffing establishment
will transfer from the employment of the Borough (or the Governing Body for
Foundation and Voluntary Aided schools) to the employment of the Academy
Trust. Their contractual conditions of service transfer under the Transfer of
Undertakings Protection of Employment Regulations (TUPE) 2006.
Consultation with staff must take place on this change in employer.
Obligations which transfer are “all the transferor’s rights, powers, duties and
liabilities in connection with such contract”. All employees transfer to the
employment of the new employer (transferee) , dismissal of employees at the
time of, or prior to the transfer are deemed unfair if the reason for the
dismissal is directly attributable or connected to the transfer itself unless for
economical, technical or organisational reasons relating to the workforce.
11.3
Before the conversion date, the School and Council (and the Governing Body
for Foundation and Voluntary Aided schools) complete an Asset Transfer
Agreement in a standard form which will transfer to the Academy Trust all the
school’s assets which will include the staff (under TUPE), furniture and
equipment and any contracts for works, supplies or services.. The costs
incurred in completing this agreement will be met by the Council for its own
part but the School will employ its own legal advisers. For Community,
Voluntary Aided and Voluntary Controlled schools, the land owned by the
Council and any real property will be dealt with under a long term lease which
will also be in a standard form. The lease will be on the basis of a peppercorn
rent with the school taking on all repairing and insurance liabilities.
12.
CONCLUSION
12.1
The new Junior school, Ocean Academy, will open in September 2015 on the
former Fourways site. Cabinet and Council approval is sought for the transfer
of the land and buildings to the Academy sponsor under an 125 year lease
arrangement.
12.2
On advice from the Head of Legal and Democratic Services, academy
conversions for existing schools will be reported to Capital Programme Board
for information and Cabinet and/or Council approval will only be sought when
there are options to be decided.
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12.3
Three schools have converted to academy status since January 2014 and
five more are due to convert in the next six months year.
12.4
It is government policy that all schools should become academies and the
Department for Education are actively encouraging schools to convert.
Therefore, we can expect increasing numbers of Poole Primary phase
schools to convert in the near future.
Vicky Wales
Head of Children, Young People and Learning
Contact Officer:
Ian Johns
Asset Management & Sustainability Officer
Children, Young People and Learning
[email protected]
01202 633501
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