The monthly round-up from the Anthony Collins Solicitors charities team.
- Check the status and structure of the school — maintained schools are owned and run by the local authority; ‘academies’ and ‘free schools’ are publicly funded, independent schools, which are owned and run by an academy trust.
- Who makes the decisions and who has authority to sign the documents — the local authority and the governing body make decisions on behalf of maintained schools (any contract is likely to be direct with the governing body under devolved powers), whereas the trustees make the decisions for academy trusts. Where a contract relates to an academy in a multi-academy trust (MAT), the contract must be entered into by the MAT as the constituent academies have no separate legal identity.
- Identify the relevant accountability framework — academies are accountable to the Secretary of State for Education, whereas maintained schools are accountable to local authorities. Academies, therefore, require Secretary of State approval for certain matters, which may delay your project or transaction. This should be discussed at the outset of the transaction/project.
- Experience of contracting— many schools have limited experience contracting with third parties. Maintained schools purchase many services from the local authority, this may affect the speed of any negotiations about a particular contact, especially if a school takes legal advice (which is encouraged).
- Understand any relevant procurement issues — both maintained schools and academies are ‘contracting authorities’ for the purposes of the regulations governing procurement. Therefore, with the exception of a limited number of exempt services, if the contract value exceeds certain financial thresholds, schools are obliged to comply with the procurement regulations.
- Clarify where the ownership of the school premises lies and any implications — many academies hold their sites on long leases from the local authority. There are controls on the disposal of publicly-funded academy land and also school land that was originally private but has been enhanced at public expense. These require the Secretary of State’s permission for its disposal. Approval may also be required for any changes or works to any such buildings.
For more information about the topics discussed, please contact Phil Watts.
In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
The employment and pensions team offer practical advice on whistleblowing.
Partners, David Alcock and Sarah Patrice, have been involved in reviewing the new Code of Governance for community-led housing, published on 21 May 2021 by the Confederation for Coop Housing.
Following the eviction ban being lifted on 31 May 2021 and further to our previous ebriefing, the new notice of seeking possession forms are now available on the Government website as Word versions.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
The Law Commission's Technical Issues in Charity Law report revealed that many charities struggle with a range of technical issue in the law.
The Law Commission recommended four key changes to the law in respect of mergers and the incorporation of charities which we have detailed in this ebriefing.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
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