Gawthorpe Community Academy Trustmemorandum of Understanding

This Memorandum of Understanding("MoU") is made this20175

Between:

(1)The Governing Body of Glaisdale Primary SchoolMonk Fryston Church of England Primary School ("GlaisdaleMonk Fryston"); and

(2)In addition to GlaisdaleMonk Fryston, the various schools, acting by their respective governing body,which are signatories to this MoU(the "Core PartnersStrategic Members").

Background:

(A)GlaisdaleMonk Fryston has been recognised as an outstanding school and has been awarded teaching school status and is working in collaboration with schools and others (the "Strategic PartnersMembers"), including the Core PartnersStrategic Members, to establish and develop ateaching school alliance (the "Alliance").

(B)The parties propose to enhance the teaching school activities (the "Activities") of the Alliance through further collaboration with each other and others as outlined in this MoU.

Where the parties agree and acknowledge as follows:

1.GlaisdaleMonk Fryston has entered into a funding agreement with the National College for School Leadership to secure funding to support theActivities (the "Funding Agreement").

2.TheActivities refer to the provision of education related services, in connection with the National College’s teaching school programme,relating to:

2.1initial teacher training;

2.2continuing professional development;

2.3leadership development;

2.4school to school support;

2.5succession planning and talent management; and

2.6research and development.

3.The Core PartnersStrategic Members:

3.1acknowledge the continuing obligations of GlaisdaleMonk Fryston in respect of the Funding Agreement;

3.2shall not do anything which may give rise to any breach of the Funding Agreement;

3.3agree to co-operate,collaborate and do all in their power to promote the Alliance and the Activities;

3.4acknowledge that from time to time schools (and in the case of the Strategic PartnersMembers, non-school stakeholders) may be appointedby Glaisdaleto the Alliance, by notice to the an agreed sub-group of Core PartnersStrategic Members (which may be given to the CC or Membership Panel)EC):

3.4.1as Core PartnersStrategic Members upon terms substantially similar to the terms of this MoU;

3.4.2as Strategic PartnersMembers of the Alliance, on the basis that they shall contribute to the Activities but otherwise as the SHT Glaisdale sshall agree. Non-school stakeholders include any Diocese, Local Authority and community and employer organisations which support the Activities and the Alliance; or

3.4.3as Members of the Alliance, on the basis that they may access the Activities on such terms as may be set by Glaisdale in consultation with the CCSHT.

3.5acknowledge and agree the authority of the Head Teacher of GlaisdaleMonk Fryston, as the designated person under the Funding Agreement and as the operational lead with overall responsibility for the Alliance, including the authority to make decisions in the name of the Alliance.

4.Each party shall appoint:

4.1its Head Teacher as a representative to the Core CommitteeStrategic Heads’ Team ("CCSHT"); and

4.2a member of its governing bodyas a representative to the Executive Committee ("EC"). [DN LT depends on agreed governance]

5.The CCSHT:

5.1shall meet at least six three times each academic year, intended as once each schoolhalf term.

5.15.2shall annually elect a SHT Chairperson who The Alliance Business Manager sshall chair all meetings of the CCSHT, unless not present within 15 minutes of the start of any scheduled meeting, in which case the chair shall be a representative of Glaisdale ora another Core PartnerStrategic Member (and in that order of priority);

5.25.3shall be a means for the joint review wherever and whenever appropriate of all aspects of the performance of this MoU and the relationship between the Core PartnersStrategic Members;

5.35.4shall provide a forum for joint strategic discussion and consideration of the development of the Alliance and the Activities, including the allocation of lead roles as appropriate and related payment (if any);

5.45.5shall agree particular terms for the specific services (including Activities) and related charges they may from time to time agree to provide to each other, to other members of the Alliance and to other schools where such services are provided for or on behalf of or in the name of the Alliance;

5.55.6may make recommendations to the parties who may accept or reject such recommendations at their complete discretion. Neither the CCSHT, nor its representatives acting in that capacity, shall have any authority to make any decision binding on the parties.

6.The EC:

6.1shall meet at least once each school year. The members of the CC shall also be members of the EC. A representative of GlaisdaleMonk Frystonshall chair all meetings of the EC, unless not present within 15 minutes of the start of any scheduled meeting.

6.2shall provide critical review and oversight (including financial) of the CCSHT, the Alliance and the Activities.

6.3recognises and represents the interests of the Core PartnersStrategic Members in the Alliance.

6.4may make recommendations for consideration by the CCSHT. Neither the EC, nor its representatives acting in that capacity, shall have any authority to make any decision binding on the parties.

[DN LT – this is where we would detail Steering Group membership and responsibilities]

7.The CCSHT shall, at its discretion, take reasonable steps to provide:

7.1a Strategic PartnerMember Meeting each term [think this could be less if any – perhaps just one per year with Governors] ]throughout the school year, intended for the headteacher or other representative of each Strategic PartnerMember(including Core PartnersStrategic Members) for the purposes of sharing information, best practice and support, establishing need and to inform the strategy decisions of the CCSHT;

7.2a School Governors' Meeting each school year,intended for the headteacher and a member of the governing body of any school which is a Strategic Partner (including Core PartnersStrategic Members) for the purposes of sharing information; [DN – do we want this – if so would we broaden to all Members?] and

7.3regular information on the Activities to other all members of the Alliance.

8.The Core PartnersStrategic Members shall do everything necessary to procure that during the term of their membership of the Alliance:

8.1the activities of the Alliance consists exclusively of the Activities;

8.2all matters relating to the management of the Alliance shall be determined by the CCSHT;

8.3the business address of the Alliance shall be the address of GlaisdaleMonk Fryston;

8.4the Alliance, EC and CCSHT do notenter into any contract, commitment or other arrangement, or borrow any money or obtain credit. Contracts will be entered into by the parties, on behalf of the Alliance, as agreed with GlaisdaleMonk Fryston.

9.For the avoidance of any doubt, the parties will be able to charge for the provision of its staff and other resources reasonably necessary for delivery of the Activities, in accordance with the rates agreed by the SHT.

10.This MoU shall have effect as between the parties from the date it is signed by that party and shall continue until terminated in respect of a Core PartnerStrategic Member by:

10.1that Core PartnerStrategic Member giving to GlaisdaleMonk Fryston; or

10.2GlaisdaleMonk Fryston giving to that Core PartnerStrategic Member;

not less than three months prior written notice to expire at any time.

11.Where any one or more Core PartnersStrategic Members shall leave the Alliance (however that may arise) the remaining parties, working through the EC, shall determine between them (and in the event of any lack of unanimity may determine by a majority of them) whether and on what terms the Alliance shall continue.

12.The parties acknowledge that in the course of their participation in the Alliance and in the delivery of the Activities they shall have access to and shall receive confidential information relating to the business, affairs, customers, clients or suppliers of the other parties. Each party undertakes that it shall not at any during the continuance of this MoU, and for a period of 5 years after termination (however that may occur), use or disclose to any person any such confidential information, save as may be required:

12.1for the proper performance of this MoU; or

12.2by law, court order or any governmental or regulatory authority.

13.Theparties intend that all matters of disagreement relating to this MoU should be resolved by negotiation and discussion. Each party agrees to use all reasonable endeavours to resolve any dispute it may have with any other party. If any dispute should prove incapable of resolution by negotiation between the parties involved, then a non binding opinion may be sought from the remaining members of the ECto which the parties in dispute, acting in good faith, shall give due consideration.

14.Save in relation to the obligations of confidentiality, this MoU is not intended to be legally binding and no legal obligations or legal rights shall arise between the parties from this MoU. The parties enter into the MoU intending to honour all their obligations.

15.Nothing in this MoU:

15.1is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party as the agent of the other party, nor authorise any of the parties to make or enter into any commitments for or on behalf of any other party;

15.2shall in any way restrict any party from providing similar services to, our procuring similar services from, other persons on such terms as they may determine at their complete discretion

16.Where a governing body is appointed to act (under federated status or otherwise) in relation to two or more schools then it is intended that such governing body can vote in respect of each school for which it acts. It shall not be obliged to caste either vote, or to vote the same way for each school.

17.A person who is not a party to this MoU has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of this MoU.

In witness of which agreement the parties have signed and dated this MoU

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