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Bevan Brittan

Are we about to witness a swathe of independent schools converting to academy status?

October 2007

There has been a lot of focus in the press recently about independent schools and academies, with headlines suggesting that we are about to witness a swathe of independent schools converting to academy status. A look at the reality behind the headlines shows that independent schools certainly are becoming more involved in the academy programme either as sponsor or by converting but that the numbers are currently still very small. However, it is likely in the future that these numbers will grow with estimations that the total number may be in the region of about 30. By way of context there are approximately 2,500 independent schools.

The Reality – Facts and Figures

As of September 2007 there will be 83 academies open, with a further 50 projected to open in September 2008. Of the current 83, two academies are independent schools who have converted to academy status – Belvedere and William Hulme’s Grammar. A further two independent schools – Colston’s Girls School and Bristol Cathedral School – will open as academies by September 2008. In addition there are a number of independent schools in discussions with DCSF about possibly converting to academy status in the future.

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The Options for Independent Schools

In broad terms, independent schools can become involved with academies in two ways: either by converting to an academy or by sponsoring an academy.

The most likely reasons for an independent school converting to an academy are either because the school is having, or is in the future likely to have, financial difficulties or because the school believes its ethos and objectives would be better pursued by being a non-fee charging school.

The other option is for an independent school to act as a sponsor of an academy, in the same way that various businesses, voluntary organisations and wealthy individuals have done to date. This is an option that has become more attractive in light of the recent statement by the Secretary of State for Children, School and Families that the requirement for sponsors to raise £2m is to be waived in respect of universities, high-performing schools and possibly choir schools. The rationale is that the £2m should not act as a barrier to successful universities and schools, who have expertise and experience in running educational establishments, becoming involved with the academy programme.

In practice the distinction between these two options is slightly blurred as it is likely that in numerous instances the organisation that is behind an independent school, whether it be a religious, philanthropic, or charitable organisation, will decide that the school should be converted to an academy and will act as the sponsor of the new academy. This has been the case with the Belvedere Academy where its previous owners GDST now act as co-sponsor for the academy and with Colston’s Girls School where the Society of Merchant Venturers, which was the founder and sole trustee of the school, is sponsoring the new academy to which the school is converting.

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Conclusion

The Academy Programme does seem to offer a way in which the state and independent education sectors can meet and indeed overlap, and a number of independent schools will wish to become involved in this process. However, for the foreseeable future the number of independent schools converting to academies is likely to remain relatively low.

Caraline Johnson
Associate
caraline.johnson@bevanbrittan.com



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This update is intended to give general information about legal topics and is not intended to apply to specific circumstances. Its contents should not, therefore, be regarded as constituting legal advice and should not be relied on as such. In relation to any particular problem that you may have you are advised to seek specific legal advice.

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