These are the frequently asked questions (FAQs) we get asked by single academy trusts looking to join an existing multi academy trust (MAT).
There are a number of reasons why a single (sometimes called a ‘standalone’) academy may want to join an existing multi academy trust (MAT), for example:
Existing academies looking to join an existing MAT will need to have the consent of the Secretary of State for Education via the Education and Skills Funding Agency (ESFA) and/or the relevant regional director.
This is now done by the MAT (rather than the single academy) completing an application form here.
Unlike academy conversions there is no requirement for the MAT or the single academy to consult with stakeholders. However, it is considered good practice for academy trusts to inform parents, staff and other key stakeholders about the proposals and give them the opportunity to respond.
Staff will need to be formally informed/consulted about the transfer of their employment under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’).
The business of running the academy school will transfer from the single academy trust to the MAT. The following steps will need to be taken:
Once the conversion has taken place, the single academy trust company can be wound up.
When the school initially converted to a single academy trust, it is likely that all the existing governors of the maintained school became the trustees of the academy trust. In an academy, these trustees have three names:
For the purposes of this document, we refer to them as ‘trustees’.
When the academy joins the MAT, it is usual for there to be three tiers of governance rather than two. These three tiers will be:
You will need to discuss with the MAT whether any of your trustees will sit on the Board and therefore continue to be trustees. However, it is likely that the majority of your existing trustees will not be trustees of the MAT and will sit on the LGB for the academy school.
Within a MAT, each academy school will usually have its own local governing body (LGB). These have a similar status to committees of a maintained governing body and the only powers they have are those that are delegated to them by the Board. This is formalised into a scheme of delegation. Whilst individuals serving on an LGB may on occasion also be trustees of the MAT, the DfE’s strong preference is to retain some separation between the layers of governance to ensure effective oversight and challenge. It is common for individuals serving on an LGB to be referred to a ‘governors’, although technically the governors of an academy trust are the trustees.
Some larger MATs may have structured their local governance into hub or regional boards, with each hub being responsible for more than one school. As part of its due diligence a standalone academy looking to join a MAT should carefully check the MAT’s scheme of delegation to ensure it is comfortable with the way local governance is run.
Whilst the LGBs will usually have delegated authority to run the academy school, the Board will be ultimately responsible for all academies it runs.
Senior Associate
victoria.hatton@brownejacobson.com
+44 (0)330 045 2808
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