All you need to know about MATs Victoria Hatton 11 October 2016

Agenda Why are schools forming MATs? What is different about being an academy? Who’s who in a MAT? What are the key issues to consider in deciding whether to create or grow a MAT? Are there any additional considerations for MATs containing church schools? How do you become a MAT?

Why are schools forming MATs?

A changing landscape

Models of collaboration Informal partnership working Formal partnership working Shared governance Common action Collaboration company Hard federation Memorandum of understanding Trust Multi academy trust Collaboration agreement Cooperative trust Cooperative multi academy trust Umbrella trust (academies)

Rationale for forming MATs Budgetary concerns Economies of scale Pressure from the DfE Protecting ethos of the school by grouping with others Educational imperative Fear of forced academisation

What is different about being an academy?

Academies An academy trust is a charitable company which is contracted by the Secretary of State to operate and manage one or more academy schools Contractual arrangement set out in Funding Agreement Governance rules set out in Articles of Association

Academies Local authority plays no formal role: Education Funding Agency (EFA) National & Regional Schools Commissioner Academy trusts: Employ their own staff Are their own admissions authority Own their own land (leasehold / freehold)

Maintained school – governance & leadership Local Authority Governing Body Headteacher Committees (e.g. finance, Standards, personnel) SLT

SAT– governance & leadership Members Board of Directors / Governors / Trustees Chief Executive Officer (Principal) Committees (e.g. finance, Standards, personnel) SLT

MAT – governance & leadership Members Board of Directors / Governors / Trustees Chief Executive Officer Local Governing Bodies / Committees Headteachers SLT

Sponsored MAT – governance & leadership appoints majority of members and trustees Members Board of Directors / Governors / Trustees Chief Executive Officer Local Governing Bodies / Committees Headteachers SLT

Who’s who in a MAT?

Role of the Members Sign the Memorandum of Association forming the trust Have limited but specific powers including: appoint other Members amend the Articles of Association change the name of the academy trust appoint and remove ‘Member Trustees’ wind up the academy trust Not responsible for the day-to-day governance of the academy/academies - very ‘hands off’ Meet rarely - Annual General Meeting (if Articles require the trust to hold one)

Role of the Members Should be at least some distinction between Members and Trustees (particularly in multi academy trusts) Should ideally have at least five Members Employees of the trust should not be appointed as Members

Governor = education law 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 academy governance at a local level Not a legal entity in own right and are not “Governors” in law Board can delegate duties and decision making powers to LGB but not responsibility or accountability Scheme of Delegation – written terms of reference for the LGB

Role of the CEO Sometimes known as the Executive Principal and usually a Trustee Accountable to the Board for the day-to-day operation of the academy/academies ‘Headteacher in law’ for all academy schools with Head of Schools Usually plays a supporting/oversight role to other Principals within the trust

Effective multi academy trust governance Clear vision and a shared set of core values The right people in the right role Clarity on respective roles and responsibilities Commitment to work together and to support others to fulfil their roles effectively Effective channels of communication between different tiers of governance = TRUST

What are the key issues to consider in deciding whether to create or grow a MAT?

MAT Key considerations Communication Shared vision and ethos Centralisation of administration Governance and leadership Due diligence

Are there any additional considerations for MATs containing church schools?

Issues for church schools Liaison with Diocese Governance requirements Use of church land

How do you become a MAT?

Apply for £25K conversion grant Converting to an academy register apply academy order funding agreement open Apply for £25K conversion grant

Conversion process Due diligence Consultation Legal process Stakeholders TUPE Legal process Set up company – Articles of Association Funding Agreement Commercial transfer agreement Land transfer Church supplemental agreement (VC schools only)

Tips for moving forward Set an ambitious timescale Set up a working group Keep governing bodies informed Deal with “elephants” head on

Questions?

Find out more Forming or joining a group of schools: [guidance note] https://www.brownejacobson.com/education/training-and-resources/guides/2015/09/forming-or-joining-a-group-of-schools-staying-in-control-of-your-schools-destiny School collaboration - exploring school companies [video] https://www.brownejacobson.com/education/training-and-resources/training-videos/2013/04/school-collaboration-exploring-school-companies Establishing a successful Multi-Academy Trust [video] https://www.brownejacobson.com/education/training-and-resources/training-videos/2016/06/establishing-a-successful-multi-academy-trust-webinar-may-2016

Contact us Please note The information contained in these notes is based on the position at October 2016. It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so. © Browne Jacobson LLP 2016. Browne Jacobson LLP is a limited liability partnership. Victoria Hatton | 07825 309322 | 01392 458744 victoria.hatton@brownejacobson.com