Education Law at Grass Roots
Schools and Academies
Burnetts advises academies and schools throughout England. Our experience includes advising community schools, foundation schools (with and without a foundation) and voluntary aided schools.
Since the Academies Act 2010, the education team has become expert in advising the governors of primary and secondary schools on the conversion process and associated issues.
Conversion requires the formation of the "Academy trust", a company limited by guarantee and an exempt charity, which enters into the funding agreement directly with the Department for Education. Our early discussions (formal or informal) with schools considering conversion usually focus on the implications of conversion and on ensuring that the requirements of the process are clear.
Once a school has decided to convert, we advise on the implications of the conversion process, consultation and the formation of the corporate body, including what it means to be a company limited by guarantee both legally and practically.
Transferring the school's assets (including the school's most valuable assets, its staff) into the Academy trust is the next task. Employment law issues (e.g. TUPE) are often the ones which most worry schools, but these are often the most easily resolved. We also advise on and assist with land and property matters such as leases or transfers.
Following conversion, we have continued to advise our new academies on the full range of issues which affect the sector including regulatory issues such as data protection, freedom of information and charity law compliance, funding questions (especially where pupil numbers change) admission appeals, employment law & corporate issues. Caroline Redhead and Sam Lyon are especially closely connected, and act as Company Secretary for three of our Academy clients.
Our employment law team delivers an HR & Employment Law Helpline to several schools.
All of Cumbria’s “old-style” Academies and the majority of the County's new Academies are Burnetts' clients.
If your school is considering becoming an Academy, our Academies team is happy to come and talk to you through the main issues.