School organisation definition

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Teachers and staff in academies and free schools

Teachers and staff in academies and free schools Although the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for the creation of new academies and free schools apply only in England. As such, this Practice Note applies to England only. Who is the employer? The employer for academies and free schools is a trust (ie trustees) or a proprietor. This is in contrast to maintained schools, where the employee is the local authority or governing body. For details, see Practice Note: Teachers and staff in maintained schools. Volunteer helpers and school governors are not (in that capacity) employed staff, although they may be ‘workers’ for other purposes. For further information on status, see: Status and worker categories—overview. For further information on the different types of school, see: School organisation and regulation—overview and for information on staff in maintained schools, see Practice Note: Teachers and staff in maintained schools. For further information on governing bodies, see Practice Note: School governance. Employment tribunal claims School staff can...

Funding at an academy or free school

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 school Funding 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...

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If a governing body of a foundation school dissolves before all of its property has been disposed of, who does the ownership revert to?

If a governing body of a foundation school dissolves before all of its property has been disposed of, who does the ownership revert to? Foundation schools are maintained by the local authority, but are different from state-run schools in that they are run by an elected governing body which can employ the staff and set the criteria for admission. The governing body can also own the land the school is on as well as its buildings. Alternatively, if the school is a trust school, the land and buildings will be held by the trust or charitable foundation for the duration of its relationship with the school. If a foundation school is closed, with the consequent dissolution of the governing body, those persons holding land for the benefit of the school are required to apply to the Secretary of State to decide what should happen to any of the land or buildings used by the school which were provided or enhanced at public expense. This legislative requirement...

Does a site supervisor’s house form part of a school site, for the purposes of paragraph 4(1) of Schedule 3 Part II to the School Standards and Framework Act 1998?

Does a site supervisor’s house form part of a school site, for the purposes of paragraph 4(1) of Schedule 3 Part II to the School Standards and Framework Act 1998? Schedule 3 to the School Standards and Framework Act 1998 (SSFA 1998) makes provision in SSFA 1998, Sch 3 Pt I, para 2 and SSFA 1998, Sch 3 Pt II, para 4 for the provision of any new site by the local education authority which is to be provided in addition to, or instead of, the school’s existing site, or part of its existing site, and, where a site is provided for a school, the local education authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises to the trustees of the school or the foundation body or governing body, to be held for the relevant purposes. SSFA 1998, Sch 3 Pt I, para 2, applies to foundation, voluntary controlled or foundation special schools, whereas SSFA...

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Fit for purpose? Teacher disciplinary proceedings in sexual misconduct cases (Re: Bruce v Secretary of State for Education)

Local Government analysis: In this wide-ranging appeal against the Secretary of State for Education’s decision to permanently prohibit a teacher who engaged in alleged inappropriate sexual behaviour towards pupils, the Administrative Court of the Kings’ Bench Division explored at length whether the Teacher Misconduct Regulations and governing disciplinary procedures and legal advice issued within Teaching Regulation Agency proceedings are fit for purpose. Dismissing every ground of challenge brought by the appellant, the court upheld the prohibition order recommended by the Professional Conduct Panel, drawing a clear distinction between professional discipline regulatory proceedings designed to safeguard pupils and protect the public interest, in contrast with criminal proceedings that are punitive in nature and engage a higher standard of proof. This case provides further judicial analysis as to the use of hearsay evidence, good character directions and inferences that can be made in respect to sexual gratification, while underlining the importance of ensuring that pupils are protected from the potential harm that can arise where those entrusted to teach engage in serious...