Land and property at an academy or free school
Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors

The following Local Government practice note produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors provides comprehensive and up to date legal information covering:

  • Land and property at an academy or free school
  • The statutory provisions
  • Applying the law to the facts
  • Other statutory provisions usually applicable to maintained schools

Land and property at an academy or free school

FORTHCOMING CHANGE: On 22 March 2021, the government published its response to the Law Commission’s report of 14 September 2017, ‘Technical Issues in Charity Law’. The Report stemmed in part from Lord Hodgson’s review in July 2012 pursuant to section 73 of the Charities Act 2006 (ChaA 2006), ‘Trusted and Independent: Giving charity back to charities’. The Report made 43 recommendations, in 12 areas. The Response wholly or partially accepted 38 of the recommendations—including in relation to the disposal and mortgaging of charity land. For a commentary on the Response please, see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’. It is worth bearing the proposals—and the Response—in mind when considering and advising on charity law in general.

These changes are being implemented by the Charities Bill, which had its first reading in the House of Lords on 26 May 2021. For analysis on the Charities Bill 2021, see News Analysis: Charities Bill 2021—easing charity administration and to follow the passage of the Bill through Parliament, see: UK Parliament: Charities Bill [HL].

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

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