GLOSSARY
Academy school definition
What does Academy school mean?
State school in England operating under the Academies Act 2010 (AcA 2010) and regulated by a Funding Agreement with the Department for Education.
Academies are independent of their Local Authority and depend on the Department for Education and other independent sources for their funding. There are three types of Academy defined in AcA 2010: 1. Academy School (AcA 2010, s 1A) 2. 16-19 Academy (AcA 2010, s 1B) 3. Alternative Provision Academy (AcA 2010, s 1C). City Academies, City Technology Colleges and City Colleges for the Technology of the Arts have all almost changed into Academies under AcA 2010, s 15.
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Free schools
This Practice Note applies in England only. There are no free schools in Wales. Although the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for the creation and funding of new free schools apply only in England.This new category of independent school was created in 2010. Free schools are technically defined as independent schools, but this independence is from the local authority of the area in which they are situated, not from the state. Free schools are funded and regulated by the Department for Education (DfE) through the Education and Skills Funding Agency (ESFA).Free schools and academiesLegally, free schools are academies. They are founded or operated under AcA 2010. One practical difference between most free schools and most academies is that academies tend to be schools which, when founded, replaced earlier maintained schools, usually in the same buildings. Most free schools tend to have been set up by academy trusts as new schools, occasionally created by parent or teacher groups to meet a particular demand. A few free schools have converted from independent school status.For the comparison with academies, see Practice Note: Introduction to academy schools.Types of free schoolThere are three types of academy (and, therefore, free) school:•mainstream free schools—those that are neither alternative provision nor special schools; the possible age ranges for pupils in a mainstream free school
Setting up a new academy or free school
This Practice Note applies in England only. There are no academies in Wales. Although the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for the creation and funding of new academies apply only in England.Legally, free schools are academies. They are both founded or operated under AcA 2010. Academies tend to be schools which, when founded, replaced earlier maintained schools. Most free schools tend to have been set up as new schools. A few free schools have converted from independent school status. For the purposes of this note, the term ‘academy’ includes ‘free school’ unless specifically stated.Every academy is run by a proprietor known as an academy trust, which is a company limited by guarantee with exempt charitable status. While some academy trusts run just one school (known as a single academy trust), most academy schools are run by multi-academy trusts in which a single academy trust runs several academy schools.Academies are usually created in one of four circumstances:•the governing body of a maintained school successfully applies to convert into an academy, under AcA 2010, s 3•the Department for Education (DfE) or the local authority decides that a maintained school (which is ‘eligible for intervention’ within the meaning of Part 4 of the Education and Inspections Act 2006 (EIA 2006)) ought to
Funding at an academy or free school
Unlike maintained schools, academies and free schools are funded directly by the Department for Education (DfE) and not by or via the local authority for the area in which they are situated. The central government funding is administered on behalf of the DfE by the Education and Skills Funding Agency (ESFA).Note: there are no academies in Wales. Although the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for the creation and funding of new academies apply only in England.Sources of funding for an academy or free schoolFunding for an academy or a free school comes mostly from the general annual grant (GAG) and the earmarked annual grant (EAG), but it may come from other sources too:•grants from the DfE towards the school promoter’s application and setting-up costs•capital expenditure funding from the DfE, as agreed in the DfE’s funding agreement•GAG for recurrent expenditure, again as agreed in the DfE’s funding agreement (this is one of the two major sources of funding)•EAG for particular expenditure agreed ad hoc and payable by the DfE under the funding agreement (this is the second of the two major sources of funding)•s 483A money (section 483A of the Education Act 1996 (EA 1996)), coming from local authorities, to cover the costs of educating children with an
Land and property at an academy or free school
FORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a staggered basis between now and Autumn 2023. CA 2022 will implement the majority of the recommendations from the 2017 Law Commission report, ‘Technical Issues in Charity Law’. For a summary of the recommendations that have been accepted, see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’. For further guidance on the implementation of CA 2022, see News Analysis: Charities Act 2022—what do we know so far?.In practice, academies and free schools differ significantly when it comes to their land holdings, although the legislation is the same for both.Note: there are no academies in Wales. Although the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for the creation of new academies apply only in England.The statutory provisionsAcA 2010, Sch 1 (as substituted) provides powers for the Secretary of State to provide land for academies and to control their use and disposal. The Academies (Land Transfer Schemes) Regulations 2012, SI 2012/1829 contain provisions relating to the making of a transfer scheme in relation to land for the purposes of an academy under AcA 2010, Sch 1, para 1 or 2 (as substituted by the Education Act 2011 (EA 2011)).
School admissions for maintained schools
School admissions for maintained schools Every child of compulsory school age must engage in full-time education; parents have a duty to secure their child’s regular attendance at school (section 7 of the Education Act 1996 (EA 1996)). In nearly every case, the child is enrolled at a school for this purpose. Admission to a school roll is often simple, but complications arise when the number of applicants for admission exceeds the school’s capacity. Academies are technically independent schools, but they are actually state-funded and use the maintained schools’ system of admissions (admission at fee-paying independent schools is entirely a matter for the school and the parents, subject only to laws on equalities). In either sector, the admission of children with education, health and care (EHC) plans (under the Children and Families Act 2014) is usually controlled through their statutory process. Admissions to early-years classes in maintained schools are hardly regulated at all, but admission to an early years class of a primary school is irrelevant to graduation to, or admission to, the reception year of compulsory schooling. Parents/Guardians must apply afresh. In addition to the legislation, there is important statutory guidance in the School Admissions and Admission Appeals Codes. The latest School Admission Codes were issued in 2014 in England, and 2013 in Wales. The latest School Admission Appeals Codes were
Setting up a new academy or free school
Setting up a new academy or school'>free school This Practice Note applies in England only. There are no academies in Wales. Although the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for the creation and funding of new academies apply only in England. Legally, free schools are academies. They are both founded or operated under AcA 2010. Academies tend to be schools which, when founded, replaced earlier maintained schools. Most free schools tend to have been set up as new schools. A few free schools have converted from independent school status. For the purposes of this note, the term ‘academy’ includes ‘free school’ unless specifically stated. Every academy is run by a proprietor known as an academy trust, which is a company limited by guarantee with exempt charitable status. While some academy trusts run just one school (known as a single academy trust), most academy schools are run by multi-academy trusts in which a single academy trust runs several academy schools. Academies are usually created in one of four circumstances: • the governing body of a maintained school successfully applies to convert into an academy, under AcA 2010, s 3 • the Department for Education (DfE) or the local authority decides that a maintained school (which is ‘eligible for intervention’ within the meaning of
Public sector apprenticeship target
Public sector apprenticeship target For periods between 31 March 2017 and 31 March 2022, certain prescribed public sector bodies, including those with 250 or more staff in England, had a target under the Public Sector Apprenticeship Targets Regulations 2017 (the 2017 Regulations), SI 2017/513, to employ an average of at least 2.3% of their staff as new apprentice starts annually over the relevant target period. This Practice Note sets out: • to which public sector bodies the duty to have regard to the target applied—see To whom the duty applied, below • the target to which public sector bodies in scope of the 2017 Regulations had to aim, and who was included in the headcount against which the target is measured—see The target, below • the information to be published and/or provided to the Department for Education (DfE)—see Reporting requirements, below • the situation in respect of periods from 1 April 2022 onwards—see Public sector apprenticeships reporting for periods from 1 April 2022, below For information on apprenticeships generally, see Practice Notes: Apprenticeships and Apprenticeships in Scotland. The 2017 Regulations came into force on 31 March 2017 under section 9 of the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA 2009), and were subsequently amended: • with effect from 31 March 2018 to bring qualifying
Land transfers for new academy schools
Land transfers for new academy schools FORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a staggered basis between now and Autumn 2023. CA 2022 will implement the majority of the recommendations from the 2017 Law Commission report, ‘Technical Issues in Charity Law’. For a summary of the recommendations that have been accepted, see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’. For further guidance on the implementation of CA 2022, see News Analysis: Charities Act 2022—what do we know so far?. This Practice Note applies only in England; there are no academies in Wales. Academy schools are created under the Academies Act 2010 (AcA 2010). An academy school is owned and run by a corporate body, which is usually a company limited by guarantee, called an academy trust or a multi-academy trust (MAT) ( ie a trust which runs more than one academy). The day-to-day funding of the academy (for paying the teachers and other staff, buying materials, computers and books for the pupils, heating and lighting, cleaning and maintenance of grounds and buildings etc) comes from the Secretary of State for Education, via the Education Funding Agency, according to a complicated formula that
Introduction to academy schools
Introduction to academy schools Three types of academy Many of the state-funded secondary schools in England are now academies. The Department for Education (DfE) regularly publishes a spreadsheet showing the total number of academies, with details of the schools that have converted or are in the process of doing so. There are no academies in Wales. Although the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for the creation and funding of new academies apply only in England. Academy schools are defined in AcA 2010, s 1A. Academy schools are technically defined as independent schools, but this independence is from the local authority for the area in which they are situated, and not from the state. An academy school can be: • a ‘special academy’ if it is organised to make special educational provision for pupils with special educational needs • an alternative provision (AP) academy, defined in the AcA 2010, s 1C. These are 'schools' (see section 4(1C) of the Education Act 1996 (EA 1996)) which are roughly equivalent to maintained-sector pupil referral units (PRU). See Practice Note: Categories of schools, or • a 16 to 19 academy, defined in AcA 2010, s 1B and excluded from the definition of a 'school' by EA 1996, s 4(1B). Note
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No A1P1 duty to compensate on transfer of school land (R (Durand Education Trust) v Secretary of State for Education)
Local Government analysis: Land on which a school was located had been vested in a trust that was also the school’s foundation. When the school converted to academy status, the trust was required to grant a lease to the new governing body of the academy. Some years later, the academy ceased to operate and a statutory direction was made requiring the trust to transfer the land to a local authority. The trust claimed that it had been deprived of its property rights and discriminated against contrary to the Human Rights Act 1998. The Court of Appeal dismissed the claim, concluding that compensation was not payable where school land had always been held in trust and fell to be transferred to a local authority pursuant to statutory powers following a change in the school’s status. Written by Denis Edwards, barrister, Normanton Chambers.
PD right for extensions to schools does not apply to nurseries (Bright Horizons v SCLG)
Planning analysis: In Bright Horizons v SCLG, the Planning Court found that the permitted development right in Schedule 2, Part 7, Class M of the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (the GPDO), which provides for extensions to schools, colleges, universities and hospitals in England, does not extend to nurseries (unless the nursery is used as a registered nursery pursuant to Schedule 2, Part 3, Class T). Neither the ordinary, unqualified meaning of the word ‘school’, nor the particular context in which the word is used in the GPDO, encompass a nursery.
Procedural fairness nevertheless present in cases of differing treatment by Ofsted—(R (on the application of Durand Academy Trust) v Office for Standards in Education, Children’s Services and Skills)
Local Government analysis: The Office for Standards in Education, Children’s Services and Skills (Ofsted) appealed against a decision of the High Court in judicial review proceedings. In those proceedings, the High Court had found that Ofsted’s complaints procedure was procedurally unfair because, of its three-stage complaints procedures, one of the stages (step 2) was not available to schools which were considered to be in need of special measures.
Will students’ rights fit the Bill?
Local Government analysis: According to Salima Mawji, director, Rishi Mital, associate solicitor, and Chris Barnett, associate solicitor, at Match Solicitors, to say that the Higher Education and Research Bill is a controversial one might be putting it mildly.
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