Decision details

Developing the Council’s Strategic Relationship with Academies and Multi-Academy Trusts

Decision Maker: Executive

Decision status: Decision Made

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

Purpose of Report: Since 2015 an increasing number of schools in the city have continued to explore academy status and are interested in forming or joining locally led multi-academy trusts. Various pieces of legislation between 2010 and 2016 have confirmed central government’s commitment to the academy programme. Whilst the timeline around a fully academised system has been abandoned it is still the intention that all schools should consider conversion to academy status. Under the Education and Adoption Act (2016) the Local Authority has a statutory duty to facilitate the academisation of schools causing concern. This paper will outline the developing strategic relationship between the City of York Council and academies and multi-academy trusts as more schools begin to convert to academy status. The paper will also inform the executive about the conversion process and its implications for the leasing of land and property to academy trusts. The paper will include a specific focus on the conversion process related to PFI schools and seek member’s approval to delegate the PFI academy conversion process to officers.

The Executive will be asked to:

·         approve the strategic direction outlined in the paper.

·         delegate to and indemnify the Chief Officer responsible for leading the PFI academy conversion process.

·         consider the options related to the former Clifton Without Primary School building to allow the completion of the land lease to facilitate the academisation of Canon Lee School as a sponsored academy in the Hope Learning Trust.

 

 

This report has been brought forward from the 16 March 2017 Executive meeting as  decisions on the Clifton Without building and the land lease for Canon Lee are required prior to the March meeting.

 

In view of the decisions now due to be taken this will be considered as a ‘Key Issue’ – decisions with significant effects on communities.

 

 

Decisions:

Members considered a report which outlined the implications of the accelerating pace of academisation in York, which required the local authority to review and develop its strategic working relationship with schools and other partners.  It was noted that it was important for the Local Authority to retain an objective relationship with all schools and multi-academy trusts which would require the Council to cease its involvement with the South Bank Academy Trust Board.

 

Consideration was also given to the Academy Toolkit, at Annex 1 of the report, which provided schools with information on the Local Authority’s role in the conversion process. It was noted that owing to the complexity of some school sites that there had been delays in agreeing land leases, therefore in order to avoid future delays, delegations were suggested to Officers in cases where there were no proposals to change the designation of land.

 

Officers highlighted work on academising Canon Lee School which it had hoped to complete with the school sponsor the Hope Learning Trust  by 1 January 2017.  However, following a review of land and property to be included in the 125 year land lease a preference had been expressed to include the Clifton Without site in the lease, as this was part of the main route for pupils walking to Canon Lee School.

 

Consideration was then given to the following options:

Option 1:The Executive approve the disposal of the site as a capital asset and an application is made to the Secretary of State to dispose of the site under Schedule 1 of the Academies Act 2010.

 

Option 2:The Executive approve the lease of part of the site to the Hope Learning Trust as part of the academisation of Canon Lee and that an application is made to the Secretary of State to dispose of the remainder of the site.  If this is approved Canon Lee School and the Hope Learning Trust will receive a proportion of the proceeds from the disposal of the remainder of the site for reinvestment into the Canon Lee site.  If this option is agreed then it is recommended that the agreement of the detail of this arrangement be delegated to the Corporate Director for Children, Education and Communities in consultation with the Executive Member for Education, Children and Young People and the Section 151 Officer.

 

Option 3:The Executive agree that the Clifton Without site should be included in the 125 year lease to the Hope Learning Trust. 

 

Following further discussion it was

 

Resolved:

That the Executive agree to:-

 

 

 

 

(i)

Support the development of a new strategic working relationship with all academies and multi-academy trusts and end the current council membership on the Southbank multi-academy trust board.

 

 

 

 

(ii)

 

 

 

 

 

 

 

 

 

(iii)

Approve the lease of part of the site to the Hope Learning Trust as part of the academisation of Canon Lee and that an application is made to the Secretary of State to dispose of the remainder of the site.  If this is approved Canon Lee School and the Hope Learning Trust will receive a proportion of the proceeds from the disposal of the remainder of the site for reinvestment into the Canon Lee site.

 

The detail of the above arrangement being delegated to the Corporate Director for Children, Education and Communities in consultation with the Executive Member for Education, Children and Young People and the Section 151 Officer. 1.

 

 

 

 

(iv)

Give delegated powers to the Corporate Director, Children, Education and Communities and the Assistant Director Legal and Governance in consultation with the Executive Member for Education, Children and Young People, to negotiate and conclude the Commercial Transfer Agreements and Land Leases in future academy conversions where there are no proposals to change the designation of land currently used for educational purposes.  In circumstances where the council intends to apply for a change of use for land formerly used for educational purposes the decision to apply for disposal will be taken by members of the council’s Executive. 2.

 

To transfer maintenance and repair responsibilities to the club.

 

 

 

(v)

Delegate the Private Finance Initiative (PFI) academy conversion process to Officers, in consultation with the Executive Member for Education, Children and Young People, and indemnify the Chief Officer who signs the principal agreement on behalf of the Local Authority. 3.

 

To transfer maintenance and repair responsibilities to the club.

 

 

 

Reason:

(i)

To allow the Local Authority to have an objective working relationship with all schools and ensure that it can effectively champion the needs of all children, young people and communities.

 

 

 

 

 

(ii) (iii)

To allow the conversion of Canon Lee School to be completed as required by the Education and Adoption Act 2016.

 

 

 

 

(iv)

The Local Authority has a statutory duty to facilitate academisation under the terms of the Academies Act 2010 and the Education and Adoption Act 2016.

 

 

 

 

(v)

To allow the academy conversion process for PFI schools to be completed.

 

 

Report author: Maxine Squire

Publication date: 26/01/2017

Date of decision: 26/01/2017

Decided at meeting: 26/01/2017 - Executive

Effective from: 31/01/2017

Accompanying Documents:

 

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