All about MATS!€¦ · Partnership working • Common action • Memorandum of understanding • Collaboration agreement • Collaboration company. Why are schools forming MATs?

All about MATS!

Dominic Swift & Victoria Hatton5 October 2015

Agenda

1. Introducing academies2. Why are schools forming MATs?3. What types of schools and academies are forming

MATs?4. How does governance work within a MAT?5. What are the key issues to consider in deciding

whether to create or grow a MAT?6. Are there any additional considerations for MATs

containing church schools?7. How do you become a MAT?

Introducing academies

Maintained school

Governing Body

Headteacher

Community model

Governing Body• Strategic direction,

accountable, critical friend• Corporate body with separate

legal identity

Headteacher• Responsibility for the day-to-

day management of all aspectsof the school

• Delegates duties to othersenior leaders and staff

School

Appointsone

governor

Local Authority• Responsible for the running

of the school• Owns school land and

buildings• Employ staff• Provide services from ‘top-

sliced’ central governmentfunds

• Admissions authority

Voluntary controlled (VC) model



legal identity




School

Appointsone

governor

Local Authority• Responsible for the running

of the school• Sometimes owns some

school land and buildings• Employ staff• Provide services from ‘top-


• Admissions authority

Diocese (foundation)• Owns school land and

buildings

Appointsminority ofgovernors -at least twobut no more

than 1/4

Voluntary aided (VA) model



legal identity• Responsible for the running of

the school• Employ staff• Admissions authority




School

Appointsone

governor

Local Authority• Sometimes owns some

school land and buildings• Provide services from ‘top-


Diocese (foundation)• Owns school land and

buildings• Contributes 10% towards

capital costs

Appointsmajority ofgovernors –

mustoutnumber

othergovernors byat least two

Academies – how we got here

• ‘Old style’ academies under Labour government• Academies Act 2010• May 2010 - 203 academies• July 2015 – 3299 converter academies and 1423

sponsored academies

Academy trust modelAcademy Trust• 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

School (aka Academy)

Articles mayallow LA toappoint up

to 1Governor

but notcompulsory

LA has noformal role

Academiesreceivefunding

direct fromcentral

government(EFA)

What is an academy?

• State funded independent school run by a charitablecompany limited by guarantee

• Governance rules set out in Articles of Association• Funded direct from central government• Local authority plays no formal role in overseeing

academies – Education Funding Agency and theRegional School Commissioner

• Employ their own staff• Are their own admissions authority• Own their own land (leasehold/freehold)

Shared governance vs. partnership working

• Community• Voluntary

Controlled• Voluntary

Aided

Alternative options

Single school• Foundation (with

no foundation)• Trust• Co-operative trust• Academy• Co-operative

academy

‘Standard’models Multi school

Shared governance• Federation• Multi-school trust or

cooperative trust• Multi-academy trust or

cooperative trust

Partnership working• Common action• Memorandum of

understanding• Collaboration agreement• Collaboration company

Why are schools forming MATs?

Rationale for forming MATs

Budgetaryconcerns

Economies of scale Pressure from theDfE

Protecting ethosof the school bygrouping with

others

Educationalimperative

Fear of forcedacademisation

Other drivers for collaboration

teacher training& education

diminishing LAcapacity/services

accountabilityagenda

leadershipcapacityshared services

creating safetynet

educational outcomes

What types of schoolsand academies are forming MATs?

Types of schools/academies forming MATs

• Groups of maintained schools joining together to formMATs

• Maintained schools joining existing MATs• Existing single academies converting to MATs• Existing single academies joining MATs• Church schools

How does governance work within aMAT?

Single academy trust

Members

Board of Governors / Directors / Trustees

Principal

Multi academy trust

Members


[Chief Executive Officer / Executive Principal]

Local GoverningBody/Advisory Board


“Sponsored” academy

Members


[Chief Executive Officer / Executive Principal]



Sponsorappointsmajority

of membersand trustees

Role of the Trustees

Director = company law

Trustee = charity law

Governor = education law

Role of the Local Governing Body

• Committee of the Board to ensure good academygovernance at a local level

• Not a legal entity in own right and are not “Governors”in law

• Board can delegate duties and decision making powersto LGB but not responsibility or accountability

• Scheme of Delegation – written terms of reference forthe LGB

Effective multi academy trust governance

1. Clear vision and a shared set of core values2. The right people in the right role3. Clarity on respective roles and responsibilities4. Commitment to work together and to support others to fulfil

their roles effectively5. Effective channels of communication between different

tiers of governance

= TRUST

What are the key issues to consider indeciding whether to create or grow a

MAT?

Key considerations

MAT

Shared visionand ethos

Governanceand leadership

Communication

Centralisationof

administrationDue diligence

Are there any additionalconsiderations for MATs containing

church schools?

Issues for church schools

• Liaison with Diocese• Governance requirements• Use of church land

How do you become a MAT?

Different types of MATs

outsidesponsor

schoolled with

leadschool

schoolled

MAT

register

apply

academyorder

fundingagreement

open

Converting to an academy

Conversion process

• Register interest online• GB set up working party• Start consultation• GB passes resolution in favour of conversion• Apply to DfE, then receive Academy Order• School receives £25,000 grant• Begin TUPE process

Conversion process

• Finalise governance documents (incl. create andregister Academy Trust at Companies House if notalready established)

• Finalise land arrangements• Finalise commercial transfer agreement• Submit funding agreement to DfE• DfE signs funding agreement• Pre-opening measures

Converting to a multi academy trust

• consultation• business case

• amending Articles of Association• changes to composition of members and trustees

• deed of variation• master and supplemental funding agreements

• identifying and investigating potential partner schools

• bank accounts• finance software

Significantchange

Governance

FundingAgreement

Duediligence

Infrastructure

Main (legal) points to consider

Tips for moving forward

• Be clear on your joint aims and objectives (SMART)

• Clear timeline – particularly for decision making

• Commit resources

• Inclusive?

Questions?

Find out more

• How multi-academy trusts work [webinar] – May 2014

http://www.education-advisors.com/resource/making-multi-academy-trust-groups-work-webinar-may-2014/

• Exploring multi-school solutions [guidance note]

http://www.education-advisors.com/wp-content/uploads/2013/08/NAHTBJ_ExploringMultiSchoolSolutions-final.pdf

• Converting to academy status [FAQ]

http://www.education-advisors.com/resource/faqs-converting-academy-status/

Victoria Hatton | 07825 309322 | 01392 [email protected]

Contact us

Please note

The information contained in these notes is based on the position atOctober 2015. It does, of course, only represent a summary of thesubject matter covered and is not intended to be a substitute fordetailed advice. If you would like to discuss any of the matterscovered in further detail, our team would be happy to do so.

© Browne Jacobson LLP 2015. Browne Jacobson LLP is a limitedliability partnership.

Dominic Swift | 07979 536996 | 0121 237 [email protected]

All about MATS!€¦ · Partnership working • Common action • Memorandum of understanding • Collaboration agreement • Collaboration company. Why are schools forming MATs?

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