On 4 April 2020, the government updated its guidance for employers in relation to the Coronavirus...
MATs adopting further schools
There are many reasons why as an existing multi academy trust (MAT) may be looking to adopt further schools. Whether the reason is to benefit from economies of scale, combined leadership or because the Department of Education has encouraged you to adopt a struggling school, we have the experience and expertise to assist you.
The Legal Process
The legal process depends on whether you are taking on an existing academy or the school being adopted is converting to an academy during the process of joining your MAT.
For an existing academy trust to join a multi academy trust a formal legal process needs to be followed.
This process involves:
- Obtaining consent from the Secretary of State for Education via the Education Funding Agency;
- A Deed of Novation and Variation being drafted and entered into between the single academy, the MAT and the Secretary of State for Education. This document transfers the single academy’s responsibility for complying with its existing funding agreement to the MAT
- A TUPE consultation process being implemented, as the transfer will constitute a TUPE transfer;
- A Commercial Transfer Agreement being entered into between the single academy and the MAT. The agreement transfers all of the assets of the single academy across to the MAT.
- The consent of the Secretary of State for Education is required to transfer school land to the MAT and this is undertaken early in the process. The Secretary of State for Education via the Education Funding Agency will raise a range of enquiries regarding the proposed land transfer which must be dealt with.
- A new lease being entered into or the existing lease being assigned (depending on the local authority’s or any other land owner’s preference).
With the above complete, the single academy joins the MAT and the single academy company can then be wound up and the trustees/directors can resign their positions.
If a school joining an MAT has not yet converted to academy status, then it will convert as part of the process of joining your MAT.
We are able to work to a fixed fee for peace of mind and value.
For a no obligation discussion on how we at Birkett Long can assist you contact Thomas Emmett (firstname.lastname@example.org)