7. Compliance
Guidance for boards on how to meet their legal and regulatory responsibilities with regards to compliance.
Information, guidance and resources to help the board understand their duties in more detail. This is not intended to be a complete list of duties or responsibilities.
The board is responsible for ensuring legal and regulatory compliance across a range of areas, including but not limited to:
- general principles of charity law and education law
- health and safety
- information management
- employment law
- conditions and obligations imposed by funding or regulatory bodies
Responsibilities on how boards of trusts must operate will be set out in:
- their articles of association
- their funding agreement
- the Academy Trust Handbook (ATH)
Find out more about schools’ statutory guidance from:
- schools: statutory guidance collection page
- guidance on what academies, free schools and colleges should publish online
- academies: compliance, funding and payments
This section has information, guidance and resources to help the board understand these duties in more detail, but does not provide a complete list of key duties or responsibilities.
7.1.1 The school admissions code
The trust is the admission authority and is legally responsible for admissions decisions, such as determining the admission arrangements and making the decision on the allocation of school places.
Trustees should familiarise themselves with all of their responsibilities for their trust under the school admissions code. This should be read alongside the statutory guidance, school admission appeals code.
Guidance on academy admissions is available.
7.1.2 Admission appeals
Admission authorities must organise admission appeals in line with the appeals code.
Guidance on admission appeals for school places is available to help admission authorities understand their roles and responsibilities as set out in the appeals code.
Information on school admissions legislation is available from:
All boards must ensure that academies are:
- keeping admission and attendance registers according to The Education (Pupil Registration) (England) Regulations 2006
- providing information requested by the Secretary of State for Education in line with their funding agreement or the Education Act 1996 including termly absence data
All boards should:
- recognise the importance of school attendance and promote it across the school’s ethos and policies
- regularly review attendance data, discuss, and challenge trends, and help school leaders focus improvement efforts on the individual pupils or cohorts who need it most
- ensure school staff receive adequate training on attendance
- be assured that senior leaders are undertaking their responsibilities on children missing education as outlined in the statutory guidance
Information on the expectations of trust boards is set out in the working together to improve school attendance guidance.
Boards must be aware of the advice in keeping children safe in education on children who are absent from school and children missing education.
All academies and boards should ensure that their pupils with physical or mental health needs receive a suitable and good education.
7.2.1 Parenting measures
If a pupil’s behaviour or attendance at school becomes problematic and previous support measures have not worked, boards and local authorities can:
- use parenting contracts
- apply for parenting orders or education supervision orders through the Anti-social Behaviour Act 2003
- prosecute for absence (for cases of attendance only)
7.3.1 Complaints procedures
There must be a procedure to deal with complaints from parents and carers. This must comply with the Education (Independent School Standards) Regulations 2014.
Trusts should also respond to complaints from individuals who are not parents.
The complaints procedure must be available on request. We recommend this is published online. Read setting up an academy complaints procedure.
16 to 19 academies should have a procedure that is clear and accessible to deal with complaints from learners, parents, authorised representatives, and others.
7.3.2 Complaints to the department
Anyone can complain to the Secretary of State for Education about a trust in England.
The department handles complaints about academies on behalf of the Secretary of State for Education, in line with the trust’s funding agreement.
Complain about a school has information about the role of the Secretary of State for Education and the department in the complaints process.
7.3.3 Complaints to Ofsted
By law, and in certain circumstances, Ofsted can investigate complaints from parents about their child’s academy to decide whether to use its inspection powers.
If requested, boards must provide Ofsted with any information relevant to the complaint.
If Ofsted need to meet with parents as part of an investigation, the board must work with Ofsted to arrange the meeting. This includes:
- allowing a meeting to take place on the school premises
- arranging a date for the meeting
- notifying parents and where relevant, the local authority of the meeting
A board representative can attend the meeting.
If Ofsted prepares an investigation report, it must be passed to the board. The board must send a copy of the report to all registered parents.
7.4.1 Children with special educational needs and disabilities (SEND)
Boards have legal duties in relation to pupils with SEND that are set out in the Children and Families Act 2014 and the SEND code of practice.
Trusts must also meet these requirements by virtue of their funding agreement.
There should be an individual on the board who has specific oversight of the school’s arrangements for SEND.
7.4.2 Special educational needs coordinator
All mainstream academies (including free schools) must have a teacher designated as the special educational needs coordinator (SENCO).
The SEND code of practice provides guidance on the role and responsibilities of a SENCO.
7.4.3 Looked-after and previously looked-after children
Boards must appoint a designated staff member to support the educational achievement of looked-after and previously looked-after children.
This duty is covered by the trust’s Funding Agreement and the Academies Act 2010, section 2e.
Find out more from:
- DfE: The designated teacher for looked-after and previously looked-after children which sets out the board’s responsibilities
- Become: the charity for children in care and young care leavers in their Children in Care: guide for school governors
7.5.1 School funding
The national funding formula (NFF) for schools is used to determine how much core schools funding is allocated to mainstream schools for their pupils from reception to year 11. There are separate formulas for:
- sixth-form
- high needs
- early years funding
The NFF for schools allocates funding primarily based on pupil numbers and characteristics, including additional funding for deprived pupils and pupils with low prior attainment.
Schools also receive funding which does not change with pupil numbers, such as lump sum contributions to fixed costs.
The dedicated schools grant and the general annual grant
The NFF for schools determines how much funding is allocated to each local authority through the dedicated schools grant (DSG).
Each local authority then sets its own local formula to distribute their DSG allocations among schools within its local area. This local formula:
- determines the final allocations for both maintained schools and academies
- ensures that maintained schools and academies are treated similarly in terms of their funding
Trusts receive their funding from the DSG in the form of the general annual grant allocation (GAG), which is allocated on an academic year basis. This constitutes the majority of funding received by academies. The Education and Skills Funding Agency (ESFA) uses the relevant local authorities formula in its determination of GAG funding for each academy.
Mainstream schools additional grant
Since the 2023 to 2024 financial year, mainstream schools have been allocated additional funding through the mainstream schools additional grant (MSAG) in addition to the allocations made through the NFF for schools.
From the 2024 to 2025 financial year, the MSAG funding will be incorporated into the NFF for schools and the MSAG will cease to exist as a separate grant.
Academies will continue to receive funding through the MSAG until the end of the 2023 to 2024 academic year. This will be up to the point at which the rolled-in MSAG funding is incorporated into academies’ GAG funding.
Teachers’ pay additional grant
In both the 2023 to 2024 and 2024 to 2025 financial years, mainstream schools will be allocated additional funding through the teachers’ pay additional grant (TPAG).
This funding is allocated to support schools with the September 2023 teachers’ pay award.
Pupil premium
The pupil premium grant is funding to improve educational outcomes for disadvantaged pupils in state-funded schools in England.
School leaders must adhere to the conditions of grant, published annually, for pupil premium.
Further information on the ‘menu of approaches’ and how schools should use their pupil premium can be found on our ‘Using pupil premium: guidance for school leaders’ document and in the Education Endowment Foundation’s (EEF’s) guide to using pupil premium.
As part of their grant conditions, boards will scrutinise a school’s pupil premium strategy statement and discuss the rationale for pupil premium spending with senior leaders. They will need to consider pupil needs and high quality evidence as part of its decisions.
Boards discuss with the senior leadership team how they will:
- monitor the progress of eligible pupils
- evaluate and sustain the impact of their strategies
Recovery premium
Recovery premium is part of the government’s package of funding to support pupils whose education has been impacted by COVID-19.
As part of their grant conditions, boards should scrutinise schools’ recovery premium spending decision and discuss the rationale for recovery premium spending with senior leaders. Boards will do this through looking at the school’s pupil premium strategy statement which also includes recovery premium spending.
Strategy statements must be published annually and be based on the menu of approaches set by DfE.
Further guidance on the recovery premium is available.
PE and sport premium
Trusts are accountable for how they use the PE and sport premium funding allocated to them. The funding must be spent for the purpose it was provided – to make additional and sustainable improvements to the PE, sport and physical activity offered.
Details of what the funding cannot be used for is included in the guidance. This includes, but is not limited to, teaching the minimum requirements of the national curriculum or capital expenditure.
As part of their role, the board should monitor:
- how the funding is being spent
- how it fits into school improvement plans
- the impact it is having on pupils
16 to 19 funding
Funding for 16 to 19 year olds is allocated by the ESFA through separate arrangements. Basic funding is calculated using NFF rates.
Find out more about how 16 to 19 funding works.
7.5.2 Charging for school activities
Trusts must comply with the law on charging for school activities, as per their funding agreement. We have published guidance charging for school activities to help academies develop their charging and remission policy.
Find out more from the guidance on revenue funding: payments to academies
The employer is responsible for the health and safety of employees, pupils and visitors in workplaces, as set in the Health and Safety at Work Act 1974.
For academies, including free schools, the trust is the employer. As an employer, the trust has a legal duty of care to:
- protect the health, safety and welfare of their employees under health and safety legislation
- ensure that non-employees are not exposed to risks in their health and safety
Boards must regularly monitor and review their health and safety policies to ensure risks are managed if full removal is not reasonably practicable.
Boards need to seek assurance that where there are potential health and safety risks:
- appropriate corrective action is being taken
- learning is being shared
- improvements are being put in place
Regulation 6 of The School Premises (England) Regulations 2012 requires that school premises and the accommodation and facilities provided must be kept up to a standard, where, as much as reasonably possible, the health, safety and welfare of pupils are guaranteed.
Guidance on health and safety: responsibilities and duties for schools outlines how the law affects governing bodies, executive leaders and other school staff.
7.7.1. Ofsted academy inspections
Ofsted’s school inspection handbook provides details of state-funded school inspections and monitoring, including how:
- trustees are involved
- effective governance is assessed and reported
Handbooks and frameworks that cover other settings are also published.
Ofsted considers responses to its Parent View survey and boards can access the Parent View: toolkit for schools for more information.
When an academy is notified of a graded inspection, the board must take reasonable steps to notify parents of registered pupils and other prescribed persons. This is set out in The Education(School Inspection) (England) Regulations 2005, regulation 4.
When it receives the final report, the board must:
- send all parents a copy within 5 working days
- provide a copy to any member of the public who requests it, at reasonable times and places
- publish details on a website of how to access the report, for example by linking to the school’s report on the Ofsted website
- consider translating the report into other languages where appropriate
This is in accordance with the Education Act 2005, sections 14 and 16 (the act applies to academies through clauses in funding agreements).
Read The Education (School Inspection) (England) Regulations 2005 (regulation 6) for more details.
7.7.2 Section 48 inspections in academies with a religious character
The trust’s funding agreement will provide for an inspection of trusts which have a religious character. These are conducted in addition to Ofsted inspections.
The board is responsible for ensuring that these inspections take place within the time periods set out in Regulations (The Education (School Inspection) (England) (Coronavirus) (Amendment) Regulations 2021).
There is a 3 year extension to the prescribed 5 year interval for inspections from September 2021, due to suspension during the pandemic. Once a school has received its initial inspection, the timing reverts back to a 5 year interval.
The board is also responsible for contractual arrangements and fees.
A grant is available towards the cost of the section 48 inspection. Faith groups manage the process for claiming this.
Choosing an inspector
When choosing an inspector, the board must consult the relevant bodies, depending on the school designation (see The Education (School Inspection) (England) Regulations 2005, regulation 9).
The section 48 report
Inspectors must prepare a report and send it to the school within 15 working days from the end of the inspection for factual checking.
When a board receives the final report, it must:
- send all parents a copy within 5 working days
- provide a copy to any member of the public who requests it, as appropriate
- publish details online of how to access the report
- consider translating the report into other languages, where appropriate
More details regarding the report and legislations surrounding it are available:
- regulation 6 and regulation 11 of The Education (School Inspection) (England) Regulations 2005
- the Education Act 2005, sections 14, 16 and 49
All boards and headteachers must not allow the promotion of one-sided political views as set out in Part 2 of the Schedule to the Education (Independent School Standards) Regulations 2014. This applies both to the teaching of any subject and to extra-curricular activities at the school. Where political issues are covered, opposing views must be presented in a balanced way.
The board should actively promote staff awareness of the statutory requirements and relevant information, including guidance on political impartiality in schools.
7.9.1 Data protection and retention
Trusts must comply with data protection legislation and handling personal data in line with it, for example:
- providing a statement or privacy notice to individuals whose personal data is being processed or held
- responding to requests for personal data or subject access requests within one calendar month
This is in accordance with the Data Protection Act (DPA) 2018 and UK General Data Protection Regulations (GDPR).
Boards must retain all records and documentation in line with regulations and retention guidelines, see ATH (part 5) and the Information and Records Management Society’s Academies toolkit (section 1).
The Information Commissioner’s Office (ICO) has published resources on UK GDPR, including guidance about accountability and governance.
Guidance on data protection in schools and the ESFA’s record keeping and retention information for academies provides further information.
7.9.2 Freedom of Information
The board is responsible for ensuring the trust complies with the Freedom of Information Act 2000 (FOIA). There must be a Freedom of Information (FOI) publication scheme in place.
Boards should make sure that all staff members are aware of the FOIA and how requests for information are handled by the trust. They may choose to charge a fee to cover some costs, which must be calculated according to the FOI and Data Protection (Appropriate Limits and Fees) Regulations 2004.
Trusts must respond to an FOI request within 20 working days of receipt (not including school holidays) or within 60 working days following the date of receipt including holidays, whichever is shorter (ICO guidance section 10).
Further guidance on Freedom of information is available.
7.9.3 Cyber security
The board needs to understand the considerable damage cyber security attacks can cause to their trust. At least one trustee should complete the cyber security training.
The ability to predict, prevent and respond to cyber threats, is vital in protecting the trust’s information technology (IT) and online services and the large amounts of sensitive personal data it holds.
The board will seek assurances from senior leaders that the trust is adequately prepared if a cyber incident occurs and that, as trustees, they are aware of cyber risks.
Further guidance about meeting digital and technology standards in schools and colleges is available.
The National Cyber Security Centre has also published some questions for governors and trustees.
Guidance to help boards support school leaders in keeping children safe online has been developed. This should be read alongside the statutory guidance keeping children safe in education (KCSIE).
Trust boards have a duty to ensure that they:
- carry out their functions with a view to safeguarding and promoting the welfare of children
- have regard to the statutory guidance issued by the Secretary of State for Education relating to arrangements required to fulfil their safeguarding duties
This is outlined in section 175 of the Education Act 2002 and the Education (Independent School Standards) Regulations 2014.
Boards have a strategic leadership responsibility for their school’s safeguarding arrangements. They must:
- comply with their duties under legislation
- have regard to KCSIE
- ensure that policies, procedures and training in their schools are effective and comply with the law at all times
Trustees and local governors should ensure they have regard to this guidance.
7.10.1 The Prevent Duty
Under the Counter-Terrorism and Security Act 2015, all trusts are subject to the Prevent duty. They must have due regard to:
- the need to prevent people from being drawn into terrorism
- the statutory guidance on Prevent Duty
All trusts should ensure staff receive training to identify children at risk and have a process in place to make a referral to Prevent if a concern is identified.
7.10.2 Pupil mental health and wellbeing
Trusts have a statutory duty to promote wellbeing through Part 8 of the Education (Independent School Standards) Regulations 2014.
The statutory obligations of schools in relation to pupil mental health and wellbeing are covered principally by wider duties including:
- the curriculum
- behaviour
- SEND
- safeguarding
Statutory guidance on these issues sets out how mental health should be factored in, for example specifying what needs to be taught in health education, identification of social, emotional and mental health needs as part of the SEND code of practice, and information on supporting mental health as part of keeping children safe in education.
Further non-statutory guidance on promoting children and young people’s mental health and wellbeing is available.
7.10.3 Supporting pupils in school with medical conditions
Proprietors of academies (except 16 to 19 academies) have a legal duty to ensure that their school has in place a policy to support pupils with medical conditions.
Supporting pupils at school with medical conditions at school contains statutory and non-statutory guidance to help boards meet their legal responsibilities and sets out the arrangements they are expected to make, based on good practice.
A trust must promote good behaviour among pupils by:
- implementing a written behaviour policy
- keeping a record of the sanctions imposed upon pupils for serious misbehaviour
- using an anti-bullying strategy to help prevent bullying.
We encourage academies to publish their behaviour policy on their website.
Guidance on the use of reasonable force is available for headteachers, staff and boards.
7.11.1 Directing pupils off-site to improve their behaviour
The legislation for directing a pupil off-site does not apply to academies. However, an academy can arrange off-site provision for such purposes (see school suspensions and permanent exclusions guidance (part 4).
7.11.2 Suspending or permanently excluding pupils
Behaviour sanctions such as suspension or permanent exclusion must follow the statutory guidance: school suspensions and permanent exclusions. The guidance also provides information for trust boards on their legal duties in relation to suspensions and permanent exclusions which they must carry out.
The schools causing concern guidance sets out that regional directors may intervene in relation underperforming academies. This includes academies that:
- are judged as inadequate by Ofsted
- have met the definition of a coasting school (a school not making necessary improvements)
The schools causing concern guidance sets how regional directors will intervene in underperforming academies.
Regional directors have the power to issue termination warning notices in relation to academies causing concern.
Failure to comply with a termination warning notice may lead to the termination of the academy’s funding agreement and the academy being transferred to a new trust, or in exceptional circumstances, the closure of the academy.
Regional directors and ESFA may also issue a notice to improve to a trust where there are concerns about financial management and governance at trust level.
Trusts (except for special academies) set their school day, including session times, breaks and term dates. Special academies are subject to the requirements in the Education (School Day and School Year) (England) Regulations 1999, which state that schools must open for at least 380 sessions (190 days) during any school year.
The ‘school year’ means the period beginning with the first day of term after July.
The government has set out a non-statutory expectation that all mainstream, state-funded schools should deliver a minimum school week of 32.5 hours by September 2024, at the latest. Guidance to support schools that are not yet meeting the minimum expectation is available.
The board is responsible for the length and structure of the school day and week. In a multi-academy trust (MAT), this may be delegated to a local committee in accordance with the trust’s scheme of delegation.
Any final decisions about changes to the length of the school week should be taken in conjunction with the school’s senior leadership team.
7.14.1 Ownership of land and buildings
Boards need to understand the circumstances of their trust, including who owns the land the trust uses and the basis for this. They will need to know:
- the history of the academy - including any arrangements made when it was set up or when the school converted to become an academy
- any previous change of category or change in the academy’s location or size that involved relocation or expansion onto new land
- how the land is held for the purposes of the academy or used by the academy
- any existing arrangements allowing others to use the academy’s land
7.14.2 Disposal and protection of public and publicly funded land
Disposal of land includes:
- sales
- leases
- change of use, in some circumstances
Under the terms of their funding agreement, trusts may need to involve the Secretary of State for Education if:
- they want to dispose of any public or publicly funded land under Schedule 1 of the Academies Act 2010
- they have a lease of land direct from the Secretary of State for Education – this land is not directly caught under the statute, but the lease and funding agreement together would require consent for a disposal in a similar way
Find out whether you need to involve the Secretary of State for Education when you submit a school land transaction proposal.
7.14.3 Estate management
We expect academies and responsible bodies to manage their trust estate strategically and maintain their estate in a safe working condition. This includes complying with statutory duties to ensure the health and safety of building occupants.
Boards must ensure that buildings:
- provide a safe environment for children, staff and visitors
- comply with all relevant regulations, including, but not limited to:
- health and safety
- fire safety
- the control and management of asbestos
Boards should also ensure that:
- they are aware of and apply other relevant guidance
- academies have up to date information about the condition of their buildings and a prioritised plan for managing them
Developments at an academy must follow normal planning controls.
Good estate management for schools includes guidance on developing an estate strategy and asset management plan, prioritising maintenance and health and safety compliance. It also has tools and checklists to help manage estates effectively and a top 10 estates check for boards.
You can also find out more from:
- the estate management competency framework should be used to build capability at all levels of the school estate profession
- the Condition Data Collection (CDC) report for your school
- reinforced autoclaved aerated concrete (RAAC) guidance
- the design and construction of school buildings
- part 5 of the Education (Independent School Standards) (England) Regulations 2014
7.14.4 Asbestos in trusts
Trusts and responsible bodies have a duty to manage asbestos in their academies effectively, in compliance with the Control of Asbestos Regulations 2012.
Managing asbestos in your school or college helps schools and responsible bodies understand their duties in relation to asbestos management.
The Health and Safety Executive (HSE) have resources on:
- the duty to manage asbestos in buildings and asbestos management checklist for schools
- the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013 – including the legal duty to notify the HSE in certain circumstances where asbestos has been disturbed or damaged
7.14.5 Funding for capital investment
Academy trusts condition
Trusts’ revenue budgets will typically fund:
- day to day maintenance
- checks and minor repairs to buildings
Those responsible for the trust’s buildings also have access to capital funding through different routes depending on their size and type. The funding should be used to keep buildings and grounds safe and in good working order by:
- tackling buildings in poor condition
- ensuring compliance with regulations
- addressing health and safety issues
- improving energy efficiency
Types of capital funding available for schools include:
- school condition allocations (SCA) and devolved formula capital which local authorities and larger voluntary-aided school bodies receive to improve the condition of the schools they are responsible for
- the condition improvement fund (CIF) which is open for bids each year for sixth-form colleges and smaller voluntary-aided school bodies who are not eligible for SCA
- basic need allocations to help local authorities meet their statutory duty to provide sufficient school places
- high needs provision capital allocations to support local authorities in providing new places and improving existing provision for children and young people with SEND or requiring alternative provision
7.15.1 Day-to-day control of academy trust premises
Trusts tend to have practical day-to-day responsibility for their site. However, they do not have statutory control over use of their premises, or statutory powers to provide community facilities or services.
To determine their powers around control over the use of their premises, trusts must refer to:
- the terms on which academies occupy their site
- the wording of the Funding Agreement and ATH
Many trusts can agree casual use or short-term lettings in the same way as maintained schools. This may be subject to how land is held, particularly when it is held by others on restricted trusts.
However, trusts can only grant longer-term leases or licences if:
- they have a freehold or leasehold interest in the land
- any lease permits sub-leases or licences
- they obtain the necessary consent from the Secretary of State for Education
Where trusts are occupying land owned by charitable sites trustees (for example, in most church academies):
- only the charitable site trustees that own the land and assets can lease the premises or grant licences to others
- trusts must consult with the charitable site trustees that own the land and assets about providing community services and facilities, to ensure these fall within the site trust’s purposes
- charitable site trustees who hold the land and assets must make arrangements that would be carried out under Transfer of Control Agreements in maintained schools, in agreement with trusts
Use the ATH and Submit a school land transaction proposal - GOV.UK (www.gov.uk) to find out when consent is required to:
- dispose of or acquire land
- grant or take on leases and joint use agreements
7.15.2 Using premises for charitable purposes
Trusts’ articles of association will govern the extent to which trusts are able to enter into contracts to provide facilities or services that will further any ‘charitable purpose’ for the benefit of pupils at their academy, families, or the local community.
Trusts whose academies occupy land held on trust, must consult with any charitable site trustees who own the land and assets. This is to ensure that the intended activities are consistent with the charitable purposes of their trust.
7.15.3 Using premises for extended activities and community services
Trusts may also be able to generate a revenue stream from activities such as:
- providing extended activities and community services
- renting or letting facilities to voluntary groups
- letting buildings to private nurseries
- before and after-school clubs
- adult education
- breakfast clubs
- childcare outside of school hours, including holiday care
- sport and youth clubs
However, trusts will need to refer to the way in which they hold their land, and any restrictions contained in relevant leases or agreements.
Where the academy occupies land held by charitable site trustees:
- charitable site trustees will need to agree to any extended activity or community services
- trustees will need to agree to any generated revenue being used by the trusts
When making decisions about extended activities and community services, academy trusts should ensure that:
- they benefit the public and comply with the trust’s charitable objects
- they are in keeping with any separate site trust that governs use of an academy’s premises
- any childcare is registered where necessary with Ofsted
- appropriate arrangements are in place to keep children safe, such as those outlined in the safeguarding guidance for after-school clubs, community activities and tuition – academy trustees should inspect these arrangements as needed
- arrangements comply with the statutory requirements for safeguarding children, including:
- the Childcare Act 2006
- Part 2 of the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018, explained in the statutory guidance, Disqualification under the Childcare Act 2006.
7.15.4 Provision of childcare and other community services
Some providers of activities, tuition, or other community services for children, known as out-of-school settings, are not regulated under education or childcare law. These providers can include external sports and youth clubs, private tutors, and supplementary schools. Where these providers are using academy sites, the proprietor should ensure that:
- the provider concerned has appropriate safeguarding arrangements in place, such as those outlined in the safeguarding guidance for providers of after-school clubs, community activities and tuition
- there are arrangements in place to liaise with the school or college on these matters where appropriate
Trusts may follow the significant change process to:
- change the age range of the academy
- run extended services and provide childcare
- run nurseries and children’s centres
This may require a change to the trust’s articles of association. Trusts would need to contact ESFA for further advice on this.
The 3 possible arrangements that allow trusts to operate a nursery on their premises are:
- direct nursery provision as a charitable activity within the academy’s objects
- nursery provision through a wholly owned subsidiary company of the academy trust
- contracting out nursery provision to an independent provider – this may or may not be a charity, and trustees may have an interest in this
The trust and the board (and the local authority, if relevant) must:
- work closely together
- use their powers for the benefit of the school and local community
The trust that owns the land and assets must use any rental or profit for the purposes of their trust.
Wraparound and holiday childcare: responding to requests has information on how to respond to requests from parents and childcare providers about wraparound and holiday childcare.
Trusts must ensure that:
- staff providing childcare meet the requirements in Disqualification under the Childcare Act 2006
- independent providers providing childcare on site have appropriate safeguarding policies in place, including under:
Boards decide whether there should be a school uniform and other rules relating to pupils’ appearance. The guidance on school uniform and related policies has more information.
Boards should follow DfE’s statutory guidance on the cost of school uniforms when developing and implementing their uniform policies.
7.17.1 Staff employment
Boards are responsible for:
- the appointment, conduct, suspension and dismissal of staff
- complying with the Equality Act 2010
DfE’s Equality Act 2010: advice for schools help schools understand how the Equality Act affects them and how to fulfil their duties under the act.
You can also find out more from:
- ACAS
- the Equality and Human Rights Commission’s Code of Practice on Employment
- The Education (Independent School Standards) Regulations
- staffing and employment advice for schools
Trusts can decide which functions they delegate in line with their funding agreement. They must record this within their scheme of delegation.
7.17.2 Pay and conditions of service
Trusts can set their own pay and conditions of service for teachers and support staff.
Where a maintained school converts to an academy, the existing terms and conditions of service of teachers and support staff are protected under The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
The statutory guidance on school teachers pay and conditions will remain relevant to any teachers whose contract has not been renegotiated.
Trusts must have procedures in place for whistleblowing. The board must :
- agree the whistleblowing procedure and publish it on the trust’s website
- appoint at least one trustee and one member of staff, who other staff can report concerns to
- ensure all staff are aware of the whistleblowing process and how concerns will be managed
- ensure all concerns raised by whistleblowers are responded to properly and fairly
Guidance on whistleblowing for employees is available.
Protect provide free, confidential whistleblowing advice to organisations and employees.