Academies and free schools

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Introduction to academy schools

An academy is a school for pupils of compulsory school age (with or without the addition of a subsidiary nursery or sixth-form). Academies are state schools funded almost wholly through a funding agreement made between the sponsors or promoters of the academy and the Secretary of State for Education. In the academic year 2010–2011 there were just over 400 academies in England and now, by 2014, there are over 4000.

There are no academies in Wales. Although section 18(1) of the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for the creation and funding of new academies apply only in England.

Academies were founded originally under section 482 of the Education Act 1996 (EA 1996) and are now regulated by AcA 2010. Academies are technically defined as independent schools, but this independence is from their local authority, not from the state. Their funding comes from the Secretary of State and is regulated by a funding agreement negotiated with the Department for Education (DfE) or the Education Funding Agency (EFA) when the academy was founded.

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Latest Local Government News

HM Treasury unveils ten-year Infrastructure Strategy with £725bn clean energy investment plan

HM Treasury, in partnership with the National Infrastructure and Service Transformation Authority (NISTA) and the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, has unveiled a landmark ten-year Infrastructure Strategy as part of the Plan for Change. This detailed strategy commits at least £725bn to infrastructure investment through to 2035, with the dual aim of establishing the UK as a clean energy superpower and providing long-term investment certainty. It outlines aggressive 2030 clean power targets of 43–50 gigawatts (GW) offshore wind, 27–29 GW onshore wind, and 45–47 GW solar capacity, while allocating £9.4bn for carbon capture, usage and storage projects and £500m for hydrogen transport infrastructure. In addition, the strategy sets aside £14.2bn for the development of Sizewell C and £2.5bn for small modular reactor programmes, with Great British Energy set to invest £8.3bn in clean power projects, including £300m for offshore wind supply chains.

Court finds compelling justification to continue injunctions to prevent dangerous car-cruising against persons unknown (Birmingham CC and Wolverhampton CC and others v Persons Unknown)

Local Government analysis: In continuing several local authority injunctions against named defendants and persons unknown for car-cruising and associated nuisance, Mr Justice Ritchie helpfully summarised the proper approach to whether such injunctions as against persons unknown should be continued on a review as prescribed by Wolverhampton City Council & others v London Gypsies and Travellers and others (‘the Wolverhampton case’). The case assimilates the numerous factors to which the court must have regard (and which the parties ought to address in evidence and submissions) by reference to the decisions in Valero Energy Ltd v Persons Unknown, the Wolverhampton case and MBR Acres Ltd and others v McGivern. Written by Stephanie Smith, barrister at 4-5 Gray’s Inn Square.

MHCLG launches consultation on council tax administration reforms

The Ministry of Housing, Communities and Local Government (MHCLG) has launched a consultation proposing reforms to council tax administration. The proposals include changing default payments from 10 to 12 months, revising debt enforcement procedures, updating the Severe Mentally Impaired exemption definition and reviewing support for care workers and apprentices. The consultation, open for 12 weeks, represents the largest reform to council tax administration since 1993. A parallel Ministry of Justice consultation on debt enforcement sector regulation runs until 21 July 2025.

No right to a solicitor when individual development plans are reviewed (R (on the application of AY) v Vale of Glamorgan County Borough County)

Local Government analysis: The claimant’s mother applied for judicial review of the Council’s decision refusing her request to be accompanied by a solicitor at a meeting to review her son’s individual development plan (IDP) which made provision for his additional learning needs under the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (ALNET(W)A 2018). The Court of Appeal concluded that the Act required an authority to have regard to how to facilitate a child’s and their parent’s involvement in the review process but there was no statutory right to be accompanied by a solicitor at the review meeting. Written by Denis Edwards, barrister, Normanton Chambers.

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