Issue - meetings

(Report of the Director of Children’s Services): to seek approval for the Council to enter into a 125 year lease, a separate Commercial Transfer Agreement and Expression of Interest for each of the four primary schools in the borough to be converted to sponsored academies status and to delegate authority to the Lead Member for Children’s Services in consultation with the Director of Children’s Services to agree the terms of these agreements.

The Secretary of State for Education (SoS) pursuant to his powers conferred under the Academies Act 2010 (AA 2010) had exercised powers to convert four primary schools, Downhills, Coleraine Park, Nightingale and Noel Park Primary schools (the Schools) to Sponsored Academy status.  The Academy Act provides that on the Conversion Date the School closes and opens as a Sponsored Academy under Academy Arrangements under Section 1 of the AA 2010. 

Under the statutory provisions of the AA 2010, the Council are required to negotiate and enter into a 125 year lease and a separate Commercial Transfer Agreement and as this was a sponsored Academy process there was an additional requirement for the Sponsor, the Local Authority, the Governing Body of the School and the Department for Education to negotiate and enter into a Expression of Interest (also known as an Academy Action Plan).  

The recommendations put forward for consideration and agreement enabled the to Council to comply with the statutory provisions of the Academies Act 2010 and Education Act 1996. Non compliance would prompt an issue of direction and the required decisions to be taken by a nominee of the Secretary of State for Education.

RESOLVED:

1. That the decision of the Secretary of State to exercise his statutory powers in respect of the four Schools to convert to Academy Status be noted.

2. That in order to facilitate the statutory process and conversion of the schools to Academy status the Leader approved that for each of the four schools the Local Authority enter into: 

(I)         An Expression of Interest  (EoI)

(ii)        A Commercial Transfer Agreement  (CTA)

(iii)       A Lease for 125 years.

3.         That the  Leader delegate authority to the Lead Member for Children in  consultation with the Director of Children’s Services to agree the terms of the documents in paragraph 3.2 above to be entered into.