0370 270 6000

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

10Oct

Training for Lead Safeguarding Governors and Trustees Interactive session via Zoom

This course runs over 2 x 90 minute sessions and commences with he first session at 4pm on the 10th October and then the 2nd session at 4pm on the 17th October. This tailored lead safeguarding course is designed specifically for your Lead Safeguarding Governor/Trustee. Building on our course for all governors and trustees, in this course delegates focus on the role of the Lead Safeguarding Governor/Trustee and the relationship with the DSL.

Session one: 4pm to 5.30pm on 10 October 2022 and
Session two: 4pm to 5.30pm on 17 October 2022

View event

11Oct

Autumn Regional HR Forums - Birmingham Microsoft Teams

We are pleased to invite you to join us at one of our next Regional HR Forum. The forums are aimed at those who lead the HR function in schools and academies across the nation.

View event

Focus on...

Published articles

Key steps to avoid falling foul of disability discrimination laws

The law around disability discrimination against pupils is not straightforward – but the reputational risk, let alone costs, of falling foul of the law are huge, so it’s worth upskilling staff whenever possible, as these two lawyers outline.

View

Employment Law – Harpur Trust v Brazel – Implications for schools webinar

On 20 July 2022, the Supreme Court issued its long-awaited judgment in the case of Harpur Trust v Brazel, upholding the decision of the Court of Appeal. For those of you familiar with this case, you will know that it concerns the statutory leave requirements for part-time and part-year workers. For schools and academies whose workforce consists of a variety of types of part-time and part-year workers, this case is one that must be understood before any changes are applied. Come and join Emma Hughes, Head of HR Services as she puts questions to Ian Deakin, Employment Partner, and Sarah Linden, Senior Associate.

View

Press releases

Leading education lawyers play major role as DfE announces 10,000th academy conversion

The Department for Education (DfE) have announced that the conversion of Donisthorpe Primary School in Leicestershire on 1st September marked the 10,000th academy conversion.

View

Guides

How to carry out the KCSiE online checks FAQs

There is (understandably) some confusion about the steps schools and trusts need to take to discharge the new online check duty set out in paragraph 220 of KCSIE. I can’t completely clarify all of it for you, but I can help you find a sensible route through. These FAQs are a good place to start.

View

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.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up