logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Academy Trust Board decision-making

31 March 2020

Please note: the information contained in this legal update is correct as of the original date of publication

As we enter the second week of school closures and the subsequent lockdown in the country, the round of applause given by the nation to the NHS last Thursday night was both a poignant moment and a reminder of the strength of the human spirit in challenging times.

I have been bowled over by the way schools have risen to the challenge, both through the discussions I have had with clients and my own interactions with my children’s schools. The dedication to, care of and innovation in connection with our children’s wellbeing and learning by schools has shone through brightly.

As an organisation we have also been adapting to the various demands home working brings, whilst also sharing ideas, legal updates and resources with our clients to help them when they need it the most.

That said, this continues to be a very difficult time for all – including senior leaders and School Trust Boards who are likely to be faced with the need to make important and urgent decisions.

Whilst many decisions will be led by the senior leadership team, there will be some decisions where they will want (and need) Board support. In some cases it may be possible to make some discussions relatively informally by email exchanges or phone. There will however also be times when it is important to have a Board resolution taken at a meeting (or as if it had been passed at a meeting of Trustees) because the subject matter is so important.

To help in scenarios like this, we have developed a new guidance for Boards to help you implement robust structures for urgent decision-making. You can access this resource here.

It outlines that where there is not a planned Board meeting (or a committee meeting with delegated authority to make the required decision) you have the following options:

  1. Hold a Board meeting on short notice with Trustees participating via telephone or video conference;

  2. Pass written Board resolutions; or

  3. Provide for urgent decision-making by the Chair or Vice Chair.

With the duration of the Coronavirus crisis unknown, we hope that the information provided will be of use, ensuring that you have a plan in place should you need to make robust decisions over the coming weeks.

Coronavirus support

We are helping across business, health, education and government sectors:

training and events

3Jun

Optimus Education - HR and Employment Law in Education - Webinar This conference is now a changed to a webinar

Exclusive offer for Browne Jacobson clients to join Dai Durbridge at popular Optimus Education HR and Employment Law webinar.

View event

9Jun

Optimus Education - HR and Employment Law in Education - Webinar This conference is now changed to a webinar

Exclusive offer for Browne Jacobson clients to join Dai Durbridge at popular Optimus Education HR and Employment Law webinar.

View event

focus on...

Upcoming webinars

Rising to the challenge, looking forward with optimism

Live panel discussion on how schools and trusts have risen to the coronavirus challenge and navigated the disruption, opportunities for the future and a Q&A session.

View

Back to school – preparing for a potential phased reopening of schools

Schools in England have been closed other than to the children of key workers and children who are classified as vulnerable since 20th March as part of the management of the coronavirus pandemic. However, the government has now announced that primary schools in England may be able to begin a phased reopening for pupils in Reception, Year 1 and Year 6 from 1st June at the earliest.

View

Legal updates

Covid19: changes to special educational needs and disability (SEND) legislation

The DfE has published a notice under the Coronavirus Act 2020 as well as amending regulations and guidance which make some changes to the special educational needs and disability (SEND) framework arising from the Children & Families Act 2014 and the SEND Regulations 2014.

View

Legal updates

Ofqual exam guidance

Ofqual has published guidance for schools and colleges in relation to exam assessments this summer due to the current crisis.

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