Circular No. 05-152/EEO-2-24 October 2005

CIRCULAR

Circular No.: / 05-152/EEO
Date: / 24 October 2005
To: / Secretaries of Divisions and Local Associations in England – ACTION AND INFORMATION

Dear Colleague

ACADEMIES TIMELINE

This circular provides general advice for divisions and associations in England, about the timeframe for campaigning against Academies. An Academies Timeline briefing document accompanies this circular and provides additional information about the stages of establishing an Academy.

The Campaigning Process

The proposal to establish an Academy can come from various sources: the Government; sponsors; individual or groups of parents; governors; a local authority; or via the Building Schools for the Future (BSF) Initiative. The Academies Timeline sets out the different stages of the establishment of Academies and highlights when Union campaigning activities should begin.

The briefing document attached to this circular sets out the consultation process:

for replacing one or more existing schools with an Academy;

establishing an Academy to meet an additional demand for school places;

setting up an Academy through the Building Schools for the Future Initiative;

and for the stages after any approval for an Academy.

Action

The Timeline briefing document highlights key points in the process of establishing Academies when campaigning, lobbying and representation should take place. In the case of the Building Schools for the Future initiative it would be useful to contact the local authority as soon as they were invited to submit a bid for BSF funding, as it is very likely that an Academy would be included in the bid. For further information on the BSF process see the following NUT circulars, Circular No.05-020/Cos, Circular No. 04-114/Cos and Circular No.03/151/CoS and from the website

Key Campaigning Stages

The key campaigning stages and points of influence as highlighted in the Academies Timeline are:

the process leading to the establishment of Academies. This is known as New Project Brokering;

the School Organisation Committee (Closure/approval of new school);

Stakeholder consultations during the project implementation phase.

Secretaries of divisions and associations are advised that, once an Academy’s Funding Agreement has been signed, Academy developments move on to the Implementation Phase.

Advice to Divisions

The Privatisation of Education Unit is responsible for monitoring Academy policy development. Secretaries of divisions and associations should contact Lucy Carpenter in the Education and Equal Opportunities Department if they have an Academies policy related query. Lucy Carpenter’s email address is and her telephone number is 0207 380 4722.

Yours sincerely

STEVE SINNOTTCHRISTINE BLOWER

General SecretaryDeputy General Secretary

JOHN BANGS

Assistant Secretary

Education and Equal Opportunities

Encls:Academies Timelinebriefing document

ACADEMIES TIMELINE: A BRIEFING BY THE NATIONAL UNION OF TEACHERS

INTRODUCTION

This document sets out the consultation process for:

replacing one or more existing schools with an Academy (Section 1);

establishing an Academy to meet an additional demand for school places (Section 2);

setting up an Academy through the Building Schools for the Future Initiative (Section 3); and

the stages after any approval for an Academy (Section 4).

SECTION 1: REPLACING ONE OR MORE EXISTING SCHOOLS WITH AN ACADEMY

Changes can be made to existing schools either by the local authority or the governing body of the school itself depending upon the category of school and the type of change. A new school can be set up by the local authority or any voluntary body, church or faith group, company, trust, parents or body, provided that certain conditions are met, as set out below.

Changes can only be made if statutory proposals are published and approved.

There are procedures set out in law that must be followed by anyone wishing to make changes to schools. In most cases the final decision on whether a change can be made is taken by the local authority, a local School Organisation Committee (SOC) or, on appeal, to a Schools Adjudicator.

Process for Statutory Proposals

There are five statutory stages for a statutory proposal – Consultation, Publication, Representations, Decision and Implementation. The timetable for this process is set out below along with the key campaign stages.

The Consultation Process

Before publishing a proposal, proposers must consult all interested parties. These include:

any school that is part of the proposal;

parents and teachers who may be affected by the proposal;

neighbouring schools and local authorities that may have an interest; and

any other interested parties, e.g., Dioceses, the Learning and Skills Council (LSC) or the Early Years Development and Child Care Partnership

The DfES ‘School Organisation Public Guide’ says that whilst there is no time limit specified in law for consultation sufficient time should be given for people to consider the proposals and respond.

Publication

After considering responses to the consultation, the proposer will decide whether or not to go ahead with the proposal and publish a statutory notice. The notice must give the names of the school, or schools, for which a change is proposed. It must be published in a local newspaper and posted at the entrances of schools named in the proposals. The notice must also be displayed at another public place in the area e.g., post office, town hall or library.

Representation Stage

This is the final stage for those who wish to register their views on proposals so that they are taken into account when the final decision is taken on the proposals. Anyone can make representations (i.e., objections, support or general comments) about a proposal on any grounds.

Decision-Making

The local authority can take a decision on any proposals that they publish if no letters of objection are received and the proposals are not linked to the proposals that have to be decided by the School Organisation Committee (SOC).

In all other cases, the proposals are referred to the SOC for decision. The SOC considers individual statutory proposals for changes to schools (e.g., school closures, enlargements and additions of nurseries and sixth forms). Proposals have to be agreed unanimously by the Committee. If they are not, the Committee must pass the proposals to the independent schools adjudicator.

Further information on the consultation process for closing a school is contained in the DfES ‘School Organisation Public Guide’

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SECTION 2: PROPOSAL TO ESTABLISH AN ACADEMY TO MEET AN ADDITIONAL DEMAND FOR SCHOOL PLACES

When a new additional secondary school is needed, local authorities are required to publish a notice inviting other interested parties to put forward proposals for the new school before publishing any proposal of its own. The new school can either be a school maintained by the local authority or an Academy.

The Timetable

The local authority publishes a notice inviting other interested parties to bring forward proposals for the new school before publishing any proposals of its own. As well as appearing in at least one local newspaper and being displayed in a prominent place in the area, the notice must be sent to, among others, the local Church of England and Roman Catholic dioceses, any other person or organisation that has previouslyexpressed an interest in setting up a secondary school in the area, and any other body that is likely to be interested in the proposals.

Promoters respond by sending their proposals for the additional school to the local authority within two months of the publication of the notice.

The local authority publishes a summary of all proposals received, including any it wishes to make itself, and asks for comments. The summary of proposals should appear in a local newspaper and other specified places locally. Complete copies of the proposals must be made available at the local authority’s offices for inspection by members of the public.

Representations (i.e. objections to, support for, or other comments) on the proposals must be sent to the local authority within six weeks of the publication of the summary. Any person may respond to the local authority.

The local authority then has a further week to submit all proposals and comments received to the School Organisation Committee (SOC).

The SOC must consider the proposals and then send the proposals and any other information they have received, together with their comments, to the Secretary of State within six weeks.

The final decision will be taken by the Secretary of State, who will decide which, if any, of the proposals will be approved and should proceed.

The process and key campaign stages are set out in the table below:

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SECTION 3: BUILDING SCHOOLS FOR THE FUTURE BID

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SECTION 3: BUILDING SCHOOLS FOR THE FUTURE BID

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SECTION 3: BUILDING SCHOOLS FOR THE FUTURE BID

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SECTION 4: PROPOSALS APPROVED – WHAT NEXT?

Once a proposal has been approved by the Secretary of State it must be implemented, unless the Secretary of State decides that it does not have to be. If proposals for an Academy are approved, the DfES will release feasibility funding for a project team to prepare detailed plans, including those for premises and an educational vision and to consult formally with the local community. The process is likely to take at least six months to complete.

The plans for the Academy must then be submitted to the DfES for the Secretary of State to consider. If the Secretary of State approves the plans, the DfES and the Academy Trust will sign a Funding Agreement. This document contains all the formal information necessary for the opening and funding of the new Academy and specifies when the Academy will open.

It is only once the Funding Agreement has been signed that it becomes a binding contract between the Secretary of State and the Academy Trust. Before this stage neither the Secretary of State nor the promoters are under a duty to implement the proposals.

Further information on the consultation process for additional secondary schools, including Academies, can be found in the DfES guidance: ‘Additional Secondary School Promoter Guide’:

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