Why academy status

The number grew dramatically under the coalition government, from in May , and has continued under the present Conservative government. They were once. The policy, which originated under Labour, aimed to improve struggling schools, primarily in deprived areas.

And this continues under the sponsored-academy model, where failing schools are taken over and run by an academy trust.

But it has changed radically to embrace all types of schools - successful or otherwise. All schools - primary as well as secondary - have been invited to convert to academy status, with priority being given to the best performers. In the last Budget, Chancellor George Osborne announced a forced academisation plan, under which all schools in England would either have to convert to academies by or be committed to converting by This would have, in effect, ended the link between local authorities and schools that began in However, the plans aroused strong criticism from teaching unions and others, including Conservative MPs and councillors, and have now been abandoned.

Ministers say the "goal" of academising all schools remains but attention will now focus on schools that are "clearly failing".

Labour called it a "humiliating climbdown". The government argues academies drive up standards by putting more power in the hands of head teachers over pay, length of the school day and term times. They have more freedom to innovate and can opt out of the national curriculum. It says they have been shown to improve twice as fast as other state schools. Others dispute that.

A series of MPs' committees have criticised the academies programme for a lack of oversight, in terms of finances and public accountability. Teaching unions have long argued that academisation has been used as a way of privatising the school system, while the government says it is about introducing innovation.

Now private providers run large "chains" of schools, and some of these grew very fast - taking on more schools than they could cope with. This led to some of the largest chains being stopped from taking on any more schools. Recently, the Ofsted chief Sir Michael Wilshaw criticised seven sizeable academy chains for failing to improve the results of too many pupils in their schools, while paying board members large salaries.

We also use cookies set by other sites to help us deliver content from their services. You can change your cookie settings at any time. Academies receive funding directly from the government and are run by an academy trust. They have more control over how they do things than community schools. Academies do not charge fees. Academies are inspected by Ofsted. They have to follow the same rules on admissions , special educational needs and exclusions as other state schools and students sit the same exams.

Academies have more control over how they do things, for example they do not have to follow the national curriculum and can set their own term times.

Some schools choose to become academies. Academy trusts are not-for-profit companies. They employ the staff and have trustees who are responsible for the performance of the academies in the trust. Pupil referral units can apply to become an alternative provision academy.

Certain categories of schools are pre-approved. All schools apart from special schools can apply to become an academy online.

There are two types of academy: converter either stand-alone or as part of a chain and sponsored often set up to replace under-performing schools.

Stand-alone converter academies are expected to support another local school after conversion. The conversion process involves a number of legal requirements, such as the creation of an academy trust, and also brings with it significant responsibilities and accountabilities.

The academy conversion process and legislation is fluent and subject to change on a regular basis. Existing characteristics of a school, such as a faith designation, are not altered by conversion. Conversion generally takes five months, although it may take longer if the school has any PFI contracts. There is a streamlined conversion process for high-performing schools, with three stages that are run to the school's own timescale.

Single academy model. The school will also need to prove its finances are healthy. Multi-academy trust model. A school can convert with schools it already works with, or start a new relationship with a school before undertaking the conversion process. The local authority LA is usually the landowner for community schools; for voluntary controlled and voluntary aided schools, the LA usually owns the playing fields and the diocese owns the buildings.

The school completes an online registration form, after which the Department for Education DfE will provide further guidance. The DfE provides each school with a named contact, who helps them follow the process, including advice on completing the necessary academisation processes, claiming academy conversion expenses, and procuring other advice and services.

Before applying, the governing body must consent and pass a resolution to convert to an academy, before a school can apply. Where a school has religious character, approval must also be received from the relevant religious body. Foundation schools, voluntary schools with a foundation, must also obtain written consent from the trust or the foundation.

Regional schools commissioners RSCs act on behalf of the Secretary of State for Education to approve or decline applications from maintained schools to convert to academy status. The decision about whether or not to issue an academy order includes consideration of the academic and financial performance of the school, as well as viability.

Schools that are performing well can convert to academy status as part of an MAT or single academy trust. Finally, the Secretary of State writes formally to the LA confirming that that application has been approved. Once the governing body and foundation if applicable pass a resolution in favour of conversion, based upon feedback from the consultation process. The governing body should keep a record of this resolution and other forms of communication in case the DfE asks to see evidence of the process.

The school then completes an online application to convert, including the confirmation of the governing body resolution, and agrees in principle with the named DfE contact plans to support another school to raise standards.

Before the school begins the application process, it is recommended that they read the Academies Financial Handbook. Once a school becomes an academy, they will need to comply with the handbook to meet the terms of the funding agreement.

This includes, the governing body and LA engaging in consultation with staff and their representatives in the formal transfer of undertakings protection of employment TUPE process as staff will have to transfer to the employment of the academy trust. Schools may wish, therefore, to contact their LA as early as possible to give notice of interest in becoming an academy. It is important that this process is adhered to because school staff and possibly employees of contractors are able to bring an employment tribunal claim and may be entitled to an award of compensation which may be payable by the academy.

An agreement will be reached for the school to move to the next stage through the issue of an academy order. The application to convert should be submitted at least five months before the proposed opening date, and preferably sooner. During the application process, the school will be asked for information about:.

Support will be given to the governing body and the Head to ensure all legal documents are completed relating to governance, land, property, and staff transfer. The school will need to set up an academy trust, and to introduce suitable governance documents. Consultation with interested parties is required before the signing of the funding agreement by the Secretary of State and the academy trust. The funding agreement shows the date on which the academy will open, at which time the LA ceases to maintain the school.

If the school has a lease, the academy trust will need to enter into a leasehold agreement with the current landowner. If not, the academy trust must make arrangements with the landowner to occupy the land. The DfE project lead will advise about the process, but it could involve:. If the school has a PFI contract, the school must inform the DfE project lead of the details during the application process.

The DfE project lead will guide the school through the additional steps that are required. Any loans must be transferred from the governing body to the academy trust. If a school has a large deficit which could prevent the conversion process, and is not eligible for intervention or treatment as a sponsored academy, it is open to the LA to agree to absorb part of or the entire deficit, rather than insist on it being repaid by the school.

The governing body should review any contracts the school has with external providers ie for catering, cleaning, ICT products and services, and software licences.

If it considers that they offer value for money, it should discuss with the supplier transferring them to the academy trust via the commercial transfer agreement. The DfE signs and seals the academy funding agreement. The school puts new financial systems in place, including the appointment of an accounting officer and chief finance officer.

The school completes academy registration, for example with exam bodies and the Information Commissioner. The Chair of governors fills in the academy financial support grant certificate and sends it to the DfE project lead. However, low-performing schools and under-performing schools that are subject to forced academisation due to their performance will need an academy sponsor.

Legally there is no difference between sponsored and non-sponsored academies. Under the Academies Act and the Education Act , the Secretary of State for Education, through the Department for Education, can make an academy order where a school:. Approval in principle for the project to be developed with the sponsor is given via the statement of intent. A charitable company, known as the academy trust, is set up with a Memorandum and Articles of Association. The academy action plan AAP is drawn up to give a detailed account of the project — effectively a business case.

Approval of the AAP triggers the release of funding to develop fully the project proposals and draw up the funding agreement FA. The FA is a legally binding agreement between the academy trust and the Secretary of State to establish and fund the academy. It sets out the date on which the academy will formally open, and the schools it will replace which will close when the academy opens. The FA is usually signed midway through the project development stage, but must be in place before the academy can open.

Following conversion, the existing governing body ceases to exist. The sponsor may decide to invite members of the previous governing body on to the local academy governing body or advisory body, but there is no requirement for the sponsor to do so. If multiple sponsors bid for a new academy, an independent evaluation of bids is commissioned by the Government in conjunction with the relevant LA. The evaluation role can be complicated, with the views of existing schools and communities, parents, staff, Heads and governors taken into account, as well as the various sponsors.

Some sponsors may want to work with a number of academies, and some with only one; some may be committed to a particular academy, and others will be happy to work with any; some will be open to co-sponsorship, but others won't. The evaluation process analyses each bid and assesses the likely match between successful bidder and the area and community. This analysis is created from the evidence of the bid and via:.

Governing bodies are required to carry out full and meaningful consultation with appropriate stakeholders, before the funding agreement is signed. The consultation must include the question of whether funding arrangements should be entered into by the Secretary of State.

The Secretary of State will ensure that consultation has taken place under the direction of the governing body. Where there are major considerations on the site s for the new academy — possibly split sites from existing schools or development on new sites — this may cause great interest in the community. The governing body determines who should be consulted.

This should include local bodies and organisations with strong links to the school. Schools with a religious designation should consult with their diocesan board or the relevant religious authority.