0370 270 6000

Consultation on becoming an academy – better to be safe than sorry?

11 June 2010

‘Outstanding’ schools who want to become academies may no longer need to consult with the local authority, parents and other stakeholders.  The new Academies Bill does would not require schools to consult on becoming an academy. However, schools would still have the option to consult if they wished to do so.

The government appears to hope that removing the requirement to consult will help successful schools to become academies quickly, even by as soon as this September.  However, schools which do not consult could run the risk of legal challenges by the local authority or parents who may argue successfully that they had a ‘legitimate expectation’ that the school would seek their views.  Despite the duty to consult apparently being lifted, it remains to be seen whether governing bodies will decide that it is safer to consult stakeholders in order to avoid potential delays to becoming an academy as a result of long drawn-out and costly legal challenges.

Related opinions

Judicial Review of school exclusion reconsideration dismissed on all grounds

The recent case of R (on the application of A Parent) v Governing Body of XYZ School [2022] EWHC 1146 (Admin) provides some welcome and reassuring guidance to governing boards on the exclusion reconsideration process.

View blog

60 seconds with… Emma Hughes

With 19 HR experts now supporting over 500 schools and trusts across the country, in this edition of 60 seconds we sit down with Emma Hughes, who leads the team, to discuss what this significant milestone means to her.

View blog

Fines for unsafe removal of asbestos in schools

In order to reduce the risk of potential breaches, schools should follow this Health and Safety Executive guidance.

View blog

Asbestos: Still the UK’s number one occupational killer

A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.

View blog

Mark Blois

Mark Blois

Partner and Head of Education

View profile

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up