Training for academy members
Victoria McIntosh, solicitor
Wednesday 5 March 2014
What we will cover
• The role of the church within schools
• The governance structure of academies
• The role of Askel Veur
• The role and responsibilities of a Member
• What information the Members require to
fulfil their role
The governance structure of academies
The models
Standard
models
• Community
• Voluntary
Controlled
• Voluntary
Aided
Alternative options
Multi school
Single school
Shared governance
• Foundation (with
• “Hard” federation
no foundation)
• Multi-school trust or
cooperative trust
• Trust
• Co-operative trust • Multi-academy trust or
cooperative trust
• Academy
Partnership working
• Co-operative
• “Soft” federation
academy
•
•
Local collaborative trust
Partnership working
through a company e.g.
umbrella trust
Community model
Governing Body
• Strategic direction,
accountable, critical friend
• Corporate body with separate
legal identity
School
Headteacher
• Responsibility for the day-today management of all aspects
of the school
• Delegates duties to other
senior leaders and staff
Appoints
one
governor
Local Authority
• Responsible for the running
of the school
• Owns school land and
buildings
• Employ staff
• Provide services from ‘topsliced’ central government
funds
• Admissions authority
Voluntary controlled (VC) model
Governing Body
• Strategic direction,
accountable, critical friend
• Corporate body with separate
legal identity
School
Headteacher
• Responsibility for the day-today management of all aspects
of the school
• Delegates duties to other
senior leaders and staff
Appoints
one
governor
Appoints
minority of
governors at least two
but no more
than 1/4
Local Authority
• Responsible for the running
of the school
• Sometimes owns some
school land and buildings
• Employ staff
• Provide services from ‘topsliced’ central government
funds
• Admissions authority
Diocese (foundation)
• Owns school land and
buildings
Voluntary aided (VA) model
School
Governing Body
• Strategic direction,
accountable, critical friend
• Corporate body with separate
legal identity
• Responsible for the running of
the school
• Employ staff
• Admissions authority
Headteacher
• Responsibility for the day-today management of all aspects
of the school
• Delegates duties to other
senior leaders and staff
Appoints
one
governor
Appoints
majority of
governors –
must
outnumber
other
governors by
at least two
Local Authority
• Sometimes owns some
school land and buildings
• Provide services from ‘topsliced’ central government
funds
Diocese (foundation)
• Owns school land and
buildings
• Contributes 10% towards
capital costs
Academy trust model
Academy Trust (see next slide)
•
•
School (aka Academy)
•
•
•
•
•
Charitable company registered at Companies House
& governed by Articles of Association
Enters into Funding Agreement with Secretary of
State
Responsible for the running of the school
Employ staff
Admissions authority
Own land and buildings (either freehold or 125 year
lease)
Strategic direction, accountable, critical friend
Principal
•
•
Responsibility for the day-to-day management of all
aspects of the school
Delegates duties to other senior leaders and staff
Articles
may allow
LA to
appoint up
to 1
Governor
but not
compulsory
LA has no
formal role
Academies
receive
funding
direct from
central
government
(EFA)
The academy trust
ACADEMY TRUST
Charitable company registered at Companies House & governed by Articles of
Association. Enters into a Funding Agreement with Secretary of State.
Governors / Directors / Trustees (“the Board”)
Named individuals. Responsible for overseeing the day to day running
of the Academy.
Members
Can be individuals or organisations. “Guardians" of the company.
Certain residual powers reserved to them in Articles
Provide a "guarantee" of £10 towards the debts of the Academy
Trust in the event it is wound up and cannot pay its debts
A multi academy trust
ACADEMY TRUST
Members
Directors/Trustees/Governors
Scheme of Delegation
Local Governing
Body (LGB)
Delegated
responsibility
Headteacher
Responsibility for
day-to-day
management
Scheme of Delegation
Academy school
Headteacher
Responsibility for
day-to-day
management
Academy school
Academy school
Local Governing
Body (LGB)
Delegated
responsibility
Scheme of Delegation
Advisory
Body (AB)
Limited delegated
responsibility
Headteacher
Responsibility for
day-to-day
management
The role and responsibilities of a member
Role of members
•
•
Not responsible for the day-to-day strategic operation of the MAT
Limited reserved powers to:
– appoint other Members (with consent)
– amend the Articles of Association (with consent)
– change the name of the MAT
– appoint and remove one or more Directors
– wind up the MAT
Responsibilities of members
•
•
•
•
•
•
Be a ‘guardian’ of the Academy Trust
Ensure that the Academy Trust is acting within its Objects as set
out in the Articles
Safeguard and promote the values of the Academy Trust and its
Christian ethos
Support the Academy Trust and be an advocate for it
Carry out their business effectively e.g. induction / continued
professional development
Appoint (and where necessary remove) one or more Directors of
the Academy Trust
Activity: Your Articles of Association
•
•
•
•
What is the Object (i.e. purpose) of your Academy Trust?
Who are the Members of your Academy Trust?
When does the Annual General Meeting need to be held?
What is the quorum for Members’ meetings (known as ‘general
meetings’)?
• Who will chair Members’ meetings?
• How many Directors do the Members appoint?
Find out more
www.education-advisors.com
Contact us
Victoria McIntosh | 07825 309322 | 01392 458744
victoria.mcintosh@brownejacobson.com