Academy Conversion

In July 2010 the Academies Act was introduced to make it possible for all schools, primary or secondary, to transfer to become Academies. Becoming an Academy gives schools more control over their curriculum, timetable, budget and staffing. Since 2010 an increasing number of schools have moved away from the control of their Local Authority to become academies and benefitted from the freedom this has given them.

Key stages to transferring to become an Academy

There are a number of stages which a school has to follow in order to become an Academy:-

  • Obtaining an Academies Order – The Governing Body complete an application to convert form including a resolution from the school Governing Body confirming their approval to the conversion and, if appropriate, agreement from the Diocese/Trustees. If the Secretary of State is content with this, then an Academies Order will be made.
  • Consultation – The school’s Governing Body is required under the Academies Act to carry out consultation with local stakeholders e.g. staff, parents, unions, local authority before converting to an Academy.

Legal documentation required

To convert to an Academy a limited company has to be formed where the Governing Body then become Directors of the Trust. Documentation which is required are:-

  • Memorandum and Articles of Association
  • Funding Agreement
  • Asset Transfer Agreement
  • Land Transfer Agreement
  • Formation/Amendment of any contract the school currently holds to transfer them to the new Academy
  • TUPE consultation
  • Once all the above has been finalised, the school is ready to transfer and open as an Academy Trust

Livingstons Solicitors based in South Cumbria provide legal advice for Academy conversion. We provide expert advice and guidance to the schools including advising Head teachers and Governors of the procedure and funding available up to and including transferring to Academy status.

If your school is considering conversion to an Academy then please do not hesitate to contact Sarah Swarbrick who will be able to advise and assist you further.


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