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

Forgotten your password?

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

10Nov

Optimus MAT Summit Novotel London West, Hammersmith, London W6 8DR

Come and meet the team at Optimus’ annual conference.

View event

Focus on...

Keeping Children Safe in Education 2021

The Keeping Children Safe in Education 2021 guidance includes a number of updates, the most significant of which is the creation of Section Two of Part Five. This introduces the concept of low-level concerns raised about staff, supply staff, volunteers and contractors.

View

Legal updates

Mandatory directing off-site

On 17 September 2021, the High Court handed down judgment in the case that covers some important points in relation to directing pupils off-site and is one of the few cases that covers the powers of schools to do so.

View

Legal updates

Covid 19 – changes to arrangements for admission appeals and exclusion reviews

The Department for Education (DfE) has recently published further regulations to amend the operation of admission appeals and exclusion reviews given the ongoing concerns around the Covid-19 pandemic.

View

Legal updates

be connected newsletter for education - September 2021

In this edition we provide you with the latest in legal updates, news and insight from the sector.

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