Legal timetable and checklist for converting to an academy

(Start-up Academy Trust)

Academy conversion: timetable and checklist (start-up academy trust)

Below is a summary of the key stages and actions required for the conversion of a School into an academy to be operated by a new AcademyTrust.

The timetable and checklist has been prepared with a proposed 1 January 2018 conversion date although please note that official Department for Education (DfE) deadlines have not yet been published and so the deadlines below are estimates only.

Please note that some of the phases run concurrently.

Please also note that the timetable is based on the School taking the decision not to instruct VWV to act until the Academy Order is granted.

Date

/

Action

/

Responsibility

/

Completed

By mid-September 2017 / Academy Order granted / DfE
Phase 1: Consultation
To continue up until a week prior to decision meeting (see phase 5 below) / Consultation / School with assistance from VWV as may be required
Phase 2: Gathering information
w/c 18 September 2017 / VWV to provide the School with a "school characteristics questionnaire" to gather information from the School for the Funding Agreement(s) / VWV
w/c 18 September 2017 / VWV to provide the School with an "information gathering questionnaire" to gather information from the School for the Commercial Transfer Agreement / VWV
w/c 18 September 2017 / VWV to issue the Land Questionnaire for completion of Part B by the School / VWV
w/c 18 September 2017 / Title deeds to be requested from the Council / Diocese/ Governing Body (as appropriate) and sent to VWV for review / VWV
Ongoing and by 1 January 2018 / School to start process for:
enhanced Disclosure and Barring Scheme (DBS) checks for proposed trustees, members and local governors (where not already in place)
enhanced DBS check counter-signed by the Secretary of State for the proposed chair of trustees
new banking arrangements
new insurance arrangements
securing pension actuarial assessment in respect of the LGPS deficit and liaising with the Teacher Pension Scheme
securing payroll arrangements
notifying the Information Commissioners Office that the Schoolis becoming an academy and that the Academy Trust will be responsible for processing personnel and pupil data
informing the exam boards via the National Centre Number Register of the School's proposed change of status, and any change of name
notifying suppliers of the proposed conversion
the local governing body arrangements (if the Academy Trust will be a MAT) / School with assistance from VWV
Target date:
25 September 2017 / School to provide responses to "school characteristics questionnaire" / School
Target date:
2 October 2017 / School to provide responses to Part B of the Land Questionnaire / School
Target date:
2 October 2017 / School to provide full responses to the "information gathering questionnaire" / School
Phase 3: Preparation of draft documents
w/c 25 September 2017 / Preparation of first draft Articles of Association and commentary / VWV
On receipt of "school characteristics form" and in advance of 3 November 2017 / Preparation of first draftFunding Agreement(s) together with commentary / VWV
Approximately w/c 2 October 2017 / Preparation of draft scheme of delegation (including decision making matrix and terms of reference for the local governing bodies) / VWV
By 3 November 2017 (if Diocese involvement) / Draft Articles of Association and Funding Agreement(s) to be submitted to the Diocese for their approval / VWV
On receipt of title deeds and in advance of 3 November 2017 deadline / Review of the property title and preparation of the Land Questionnaire for the DfE / VWV
DfE DEADLINE:
3 November 2017 / Deadline for submission of the Land Questionnaireand Transfer Direction (if relevant), Articles of Associationand draft Funding Agreement(s) to the DfE / VWV
Following receipt of the "information gathering questionnaire" and in advance of 1 December 2017 DfE deadline / Preparation of first draft Commercial Transfer Agreement and commentary for School / VWV
On receipt of title deeds and in advance of 1 December 2017 DfE deadline (if a community school) / Preparation of a first draft Lease between the Council/ Academy Trust / Council
On receipt of title deeds and in advance of 1 December 2017 DfE deadline (if a foundation school) / Preparation of a first draft Transfer between Governing Body/ Academy Trust / VWV
On receipt of title deeds and in advance of 1 December 2017 DfE deadline (if a church school) / Preparation of a draft Church Supplemental Agreement to be issued to the Diocese / VWV
On receipt of title deeds and in advance of 1 December 2017 DfE deadline (if a church school) / Preparation of draft Trust Modification Order to be issued by the Diocese (if required) / Diocese
VWV
Once Articles of Association cleared by DfE and ahead of 1 December 2017 DfE Deadline / Incorporation of the Academy Trust / VWV
School
DfE DEADLINE:
1 December 2017 / DfE deadline for Commercial Transfer Agreement to be agreed with Council / VWV
DfE DEADLINE:
1 December 2017 / Lease or Church Supplemental Agreement to be agreed with Council and Diocese (as relevant) / VWV
DfE DEADLINE:
4 December 2017 / Deadline for Lease or Supplemental Agreement or Land Transfer and CTA to be signed by all parties / Academy Trust/ Governing Body of School/ Council / Diocese
Autumn term - TBC / Preparation of TUPE measures letter to be agreed with Council or Governing Body / Council / Governing Body / VWV
Autumn term - TBC / Send measures letter to recognised unions and advise staff of consultation meeting / Council / Governing Body / VWV
Autumn term - TBC / Consultation meeting with Unions
In attendance:
Council representative (if relevant)
representative of the Governing Body of School
Headteacher / All if required
Ongoing / School to advise VWV of any questions raised by the unions which require addressing by VWV / School
Ongoing / VWV to respond in writing to any questions raised / VWV
Phase 4: Approval
TBC but before 4 December 2017 DfE deadline / Final meeting of the full governing body to take a final decision to proceed and to authorise the governing body's entry into the Commercial Transfer Agreement and any other documents as required / School with guidance from VWV (as required)
TBC but before 4 December 2017 DfE deadline / Meeting / resolution of the Academy Trust to authorise Academy Trust's entry into the conversion documents and to approve the governance arrangements / Academy Trust with guidance from VWV (as required)
Phase 5: Final preparations for conversion
DfE DEADLINE:
4 December 2017 / Deadline for submission to DfE of signed Funding Agreement(s) and (if applicable) Church Supplemental Agreement / VWV/ Academy Trust
DfE DEADLINE:
13 December 2017 / Deadline for Academy Trust to submit to the ESFA its new Bank account details for the Academy Trust / Academy Trust
By 1 January 2018 / Notice of the assignment of all contracts to Academy Trust (where appropriate) to be given to suppliers / School with guidance from VWV
By 1 January 2018 / Funding Agreement(s), Trust Modification Order, Church Supplemental Agreement, Transfer Direction (as applicable) to be signed and sealed by the Secretary of State / DfE
VWV
1 January 2018 / Conversion date / -
29 December 2017 / Completion of the Lease or Transfer / VWV
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16/06/2017 14:02:33 / 1 / Veale Wasbrough Vizards