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building for the future...

28 November 2019

As the new year comes into view, many schools will be considering plans to build or to extend their facilities next year. It’s important to be aware of the consents that may be required, in addition to planning permission, well in advance, so that works are not delayed.

Trust leaders often have experience of construction projects and are comfortable procuring project managers, architects and contractors. However, they should not forget that the permission of their landlord or the Secretary of State may well also be required to carry out building works. So that projects run to deadlines, trusts should consider at an early stage:

  1. whether the trust owns the property’s freehold or occupies under a lease;

    If the trust holds a lease, the lease should be reviewed to check whether the landlord (often the local authority,) needs to approve any works. (The Department for Education model lease requires the landlord’s consent for new buildings, and for external or structural alterations to existing buildings.)

  2. whether the works involve ‘playing field land’. The relevant legislation widely defines ‘playing field land’ as basically any external area that is, or has been in the last ten years, used for recreational purposes. If the works do involve playing field land, the consent of the Secretary of State will be needed to the build.

    This consent can take several months to obtain, and the works cannot begin without it. So the earlier application is made, the better.

We would advise that trusts consider the need for these consents at the very beginning of the works procurement process. Failure to obtain the necessary consents could give rise to serious risks, even the removal of the works. For detailed advice on any matter please contact Chris Emm or Peter Jackson.

 

training and events

14Oct

ISBL regional Conference Sheffield

Browne Jacobson’s Associate Sophie Jackson discusses the rise in growth of SEN and the impact of this on schools. Please note that this event was postponed from June 2020.

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4Mar

ISBL regional Conference Park Regis Hotel, 160 Broad St, Birmingham, B15 1DT

Browne Jacobson’s Associate Philip Wood discusses the rise in growth of SEN and the impact of this on schools. Please note that this event was postponed from May 2020.

View event

focus on...

Guides

Executive pay setting in school trusts

For many years now the Education and Skills Funding Agency (ESFA) have written to academy Chairs asking for justification and rationale on executive pay. School trusts have reached out to us for advice to help them meet their obligations within the Academies Financial Handbook.

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150th Anniversary of State Education – Lessons Learned: reflections of 12 former Secretaries of State

Our on-demand video was hosted by the BBC’s Education Correspondent Branwen Jefferys with special guests including Baroness Nicky Morgan, Kenneth Clarke QC, Michael Gove, Justine Greening and Lord David Blunkett discussing past successes of education, the unintended consequences of past policy, and to envision what still remains to be done.

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150th anniversary of State Education – looking back, moving forward

Watch our on-demand video where we joined the Secretary of State for Education, the Rt Hon Gavin Williamson, Dame Julia Cleverdon, Sir Michael Barber and the recently appointed President of the CBI Lord Karan Bilimoria to launch a year of celebration for those delivering education.

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Legal updates

What is a higher education course for the purposes of access to the Office of the Independent Adjudicator’s (OIA) complaints process?

The Office of the Independent Adjudicator’s (OIA) has recently published a reminder of its remit in relation to dealing with complaints, which is a timely reminder as the new academic year begins.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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