@BJEducationLaw

24 January 2016

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1. types of academy mergers and transfers

2. drivers to merge or transfer

3. key considerations – including effective

due diligence

4. the application process

5. legal steps in the process

Board of Directors /

Governors / Trustees

Members

SINGLE ACADEMY TRUST MULTI ACADEMY TRUST

Members

Board of Directors /

Governors / Trustees

Academy

school

Academy

school

Free

school

Academy

school

Board of Directors /

Governors / Trustees

Members

MULTI ACADEMY TRUST MULTI ACADEMY TRUST

Members

Board of Directors /

Governors / Trustees

Academy

school

Free

school

Academy

school Academy

school

Academy

school

Board of Directors /

Governors / Trustees

Members

SINGLE ACADEMY TRUST MULTI ACADEMY TRUST

Members

Board of Directors /

Governors / Trustees

Academy

school

Academy

school

Free

school

Academy

school

Board of Directors /

Governors / Trustees

Members

SINGLE ACADEMY TRUST MULTI ACADEMY TRUST

Members

Board of Directors /

Governors / Trustees

Academy

school

Academy

school

Free

school

Academy

school

Board of Directors /

Governors / Trustees

Members

MULTI ACADEMY TRUST MULTI ACADEMY TRUST

Members

Board of Directors /

Governors / Trustees

Academy

school

Academy

school Academy school Academy school

Board of Directors /

Governors / Trustees

Members

SINGLE ACADEMY TRUST MULTI ACADEMY TRUST

Members

Board of Directors /

Governors / Trustees

Board of Directors /

Governors / Trustees

Members

SINGLE ACADEMY TRUST

Academy school Academy school

@BJEducationLaw

• intervention

• positive re-brokering

• Department for Education and School

Commissioner drive towards fewer,

larger MATS

@BJEducationLaw

will changes be required to:

• vision, ethos and policy?

• company name?

• governance?

• leadership and staffing?

• the receiving trust will take on the

academy school(s) ‘warts and all’

• vital that the receiving trust is aware

of all the issues, including (but by no

means limited to): ‐ school standards

‐ staffing

‐ property / buildings

‐ contracts and services

‐ finances

@BJEducationLaw

• duty of care to trust and school(s)

• implications for the academy trust

• early engagement with your Regional

School Commissioner (RSC) is essential

• no legal requirement to consult

• application form:

https://www.gov.uk/government/publi

cations/apply-to-become-a-multi-

academy-trust

• multi-academy trusts: Good practice

guidance and expectations for growth

(December 2016)

@BJEducationLaw

The business of running the academy

school(s) will transfer from the outgoing

academy trust to the receiving one • novation (and, potentially, variation) of the

funding agreement

• TUPE transfer of staff and pensions

• commercial transfer agreement

• transfer of land

@BJEducationLaw

• adopt new Articles of Association

• deed of variation to adopt MAT funding

arrangements

• governance

@BJEducationLaw

• do nothing and wait for Companies

House to strike off

• voluntary strike off

• members’ voluntary liquidation

@BJEducationLaw

Forming or joining a group of schools

[guidance note]

https://www.brownejacobson.com/educa

tion/training-and-

resources/guides/2015/09/forming-or-

joining-a-group-of-schools-staying-in-

control-of-your-schools-destiny

@BJEducationLaw

Establishing a successful Multi-Academy

Trust [video]

https://www.brownejacobson.com/educa

tion/training-and-resources/training-

videos/2016/06/establishing-a-successful-

multi-academy-trust-webinar-may-2016

@BJEducationLaw

Multi-academy trusts: Good practice

guidance and expectations for growth

[DfE guidance]

https://www.gov.uk/government/publica

tions/multi-academy-trusts-establishing-

and-developing-your-trust

@BJEducationLaw

• unlimited queries

• immediate answers

• specialist lawyers

• an extension of your team

0370 270 6000

quickcall@brownejacobson.com

Now in its fourth year, this event is aimed

at helping you stay legally compliant and

supporting you with improving practice

throughout your school, academy or MAT.

For further information and to register for

these events please visit our website:

https://www.brownejacobson.com/educa

tion/training-and-resources/training-and-

events

@BJEducationLaw

for news, legal updates, real

opinions and training:

https://www.linkedin.com/company

/education-advisory-&-hr-services

Please note

The information contained in these notes is based on the

position at January 2017. It does, of course, only represent a

summary of the subject matter covered and is not intended to

be a substitute for detailed advice. If you would like to

discuss any of the matters covered in further detail, our team

would be happy to do so.

© Browne Jacobson LLP 2017. Browne Jacobson LLP is a

limited liability partnership.

Victoria Hatton | +44 (0)1392 458744

victoria.hatton@brownejacobson.com

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