What circumstances mean an academy trust may need to set up a subsidiary company to carry out trading activity, in order to comply with charity law?
We look at what trust leaders can do to challenge local authority SEND decisions and provide legal and practical tips to help achieve a resolution.
We summarise the key changes which trust leaders need to be aware of in the recently published Academy Trust Handbook.
EAT: tribunal must consider whether dismissal was because of a justified objection to the way protected beliefs were manifested.
Supreme Court rules religious organisation was not vicariously liable for rape by community elder.
We review the proposed changes to the Data Protection and Digital Information (No.2) Bill (“the Bill”) and consider their impact on academy trusts.
We look at what further support trusts can offer to those in need and explore the legal issues trust leaders need to consider when providing support.
We look at the Trust Quality Descriptions published in draft by the DfE on 24 April 2023 and encourage trust leaders to provide their feedback.
Disciplinary action was taken because of objectionable manifestation of religious beliefs rather than the beliefs themselves.
We explore how trust leaders can further engage with stakeholders and foster unity within the constraints of funding and government guidance.
Academy trusts must comply with their procurement obligations under the Academy Trust Handbook 2022 and the Public Contracts Regulations 2015.
We look at the role of the accounting officer in ensuring their trust board complies with its regulatory and legal responsibilities.
We look here at the key highlights from the latest schools white paper, setting out the government’s policy and legislative proposals for the sector
What are the legal risks of high staff turnover and reliance on agency staff in schools?
We look here at the legal and practical reasons why academy trusts need to manage conflicts of interest and what this means for them in practice.
Equality, Diversity and Inclusion - what is behind the words?
We look here at the benefits of good governance for schools and academy trusts.
Schools are already dealing with concerns about the possibility of vaccinating pupils.
Lack of manual handling training in lifting disabled pupil was a fundamental breach of contract.
New proposed measures continue debate on free speech on university campuses.
We explore what we have learnt about Academy Trust Governance during Covid-19.
We look at the position for special schools and alternative provision following last night’s televised address by Boris Johnson.
What should schools and academy trusts consider before observing remote and face to face lessons in the Covid-19 crisis?
We look at the key highlights for multi academy trusts from the DfE’s School and Trust Governance Investigative Report.
Value-for-money is a daily concern, driven by funding constraints and compliance. So what are the key considerations for academy trusts and CEOs?
The Secretary of State has directed that remote education shall be a legal requirement. So what does this mean for schools and trusts?
As a remote education offering is soon to become a legal requirement, a reminder that safeguarding duties persist.
What are the legal considerations for school leaders?
As covid restrictions flux and local lockdowns increase, agile governance is ever more important. What does this mean for schools and academy trusts?
Unfair to dismiss for reputational damage when this was not put to the teacher as a formal allegation.
Following lockdown and the phased and full opening of schools, we look at the importance of ensuring your contracts are up-to-date.
We look at how students might request grading information from schools and colleges following results day and how to deal with such requests.
A court case has confirmed that members of charitable companies are fiduciaries and owe duties as such. We look at what this means for academy trusts.
It's now over two years to the month since the biggest change in data protection law for a generation.
This article explains the legal requirements that come with exempt charity status.
The Black Lives Matter movement has made diversity a focus for schools and trusts. We look at the Charity Governance Code and how this can help you.
This article explores the use of DPIAs in schools, when they must be used and tips on undertaking a meaningful assessment of data protection risks.
The following guide summarises the key requirements that members and boards of academy trusts must satisfy when making decisions.
The new Academies Financial Handbook has been published which will be effective from 1st September 2020. We look here at what it means for your trust.
Sixth form colleges are governed by corporations or academy trusts, as exempt charities. We explore what this means and complying with their duties.
Teachers are finding it understandably difficult to adapt to remote working.
The history of the trade union movement evidences the impact unions have had on protecting the health, safety and welfare of staff.
Why are criminals using international students and what can students' unions be doing to raise awareness and protect students?
We look here at whether schools and academy trusts must comply with DfE guidance on the phased wider opening of schools from 1 June 2020.
We summarise here the key elements of the phased wider opening of schools from 1 June 2020, announced by the Government on 11 May 2020.
We look here at the DfE guidance, published today, on school funding for the exceptional costs associated with Covid-19.
With schools closed, exams cancelled and new guidance issued on almost a daily basis schools are adapting quickly to deal with the current crisis.
Many independent schools are facing extremely difficult decisions in the light of the Covid-19 restrictions.
The Covid-19 pandemic is a "black swan" event and lockdown, social distancing and self isolation are the immediate consequences for individuals.
We look here at the precise terms of the Government announcement and the options open to special schools.
It's been almost two years since the GDPR came into force. We look at its impact and the ways schools can develop best practice in data protection.
We look here at what it means for a school or academy trust to be an exempt charity and how they can comply with their duties.
We look here at the pledges for schools in the Brexit Party's 'Contract with the People', published on Friday.
We look here at the key Labour Party pledges for schools and the National Education Service, following publication of their manifesto yesterday.
We look here at the key Liberal Democrat pledges for schools and the early years following publication of their manifesto yesterday.
Given the uncertain election outcome and the chance that the Greens may find themselves in coalition with Labour and the SNP, it is worth a read.
Recent changes to non-statutory guidance produced by the Safer Recruitment Consortium
Keeping Children Safe in Education: revised statutory guidance is expected to be in place from 2 September 2019.
We look here at the key messages from the latest ESFA letter to accounting officers of academy trusts to help you plan and prepare for what's coming.
We look here at the key changes included in the Academies Financial Handbook 2019 and what this means for the sector.
The key findings and recommendations of the Timpson Review of School Exclusion and the impact on exclusions and behaviour management in practice.
An agreed exit for school staff via a settlement agreement may be trickier than you think…
Assessing the implications of an absence of affordable housing for teachers, and considering how schools' surplus land could provide solutions.
Looking at the increasing trend for local authorities to charge for exclusions and the legality of this under the relevant funding regulations.
The key elements of the, often either misunderstood or not properly implemented, exclusions procedure for maintained schools and academies.
School successfully challenges council's alteration of an Education and Health Care Plan and naming of an unsuitable school
The sector is under fire again. What is being done and what can you do?
We take a look here at what was new in the key policy announcements made by Damian Hinds in his speech to the Conservative Party Conference.
We take a look here at what we can learn from the speech by the Shadow Education Secretary, Angela Rayner, to the Labour Party Conference.
We look at an example of utilising school land and property, and how the school and academy trust should act.
From the 1 August 2018, important changes are being made to the automatic disqualification rules for charity trustees.
What circumstances mean an academy trust may need to set up a subsidiary company to carry out trading activity, in order to comply with charity law?
We take a look at the evidence provided to the House of Commons Education Select Committee on 'Educating The North'
Paying holiday pay at the rate of 12.07% of pay may not always comply with contractual or statutory entitlements.
The first stage of the Minimum Energy Efficiency Standard came into force in April 2018, affecting schools that act as landlords for their properties.
New statutory guidance on "Keeping Children Safe in Education" is expected to be in place for 3 September 2018.
Senior staff may have an implied contractual duty to disclose relationships with sex offenders to assist the governors in their safeguarding duties
Tribunal criticises academy trust for imposing behaviour policy at the expense of a disabled pupil's education
The Local Government and Social Care Ombudsman, Michael King, has stated that 80% of the EHC plan complaints received by his office have been upheld
A summary of some of the more interesting and important employment cases concerning schools over the last 12 months.
We consider the potential TUPE risks for a Multi Academy Trust which takes day to day control of a school before the transfer date.
This article discusses the importance of a strong governing board, to act as a check and a balance on executive decision making.
Could your school be contravening the Equality Act 2010 by not admitting a transgender pupil?
Many academy trusts raise additional funds to supplement government funding. This article covers points to consider when looking at income generation.
Court of Appeal holds that girls and boys in an Islamic state school are discriminated against by being segregated throughout the school day.
With victims of modern slavery in England likely to number over 10,000, we consider supply chain transparency requirements for academy trusts.
Strong and stable might no longer be a fashionable phrase, but that's exactly what good governance of academy trusts is all about.
When the chalk-face meets the thin blue line: handling police involvement with school staff.
In this article, we look at who the members of an academy trust are, what they do, and what they should consider when making decisions.
We look at the recent movement in schools towards gender neutral school uniforms and the legal duties of schools in relation to uniform policies.
New term, new AFH. Tim Wrigley looks at the latest edition.
We summarise the elements of GDPR that are specific for schools and academies. We highlight what is important to be aware of and what to prepare for.
A reminder of when academies need ESFA consent.
Was a job applicant with Asperger's Syndrome discriminated against by being required to sit a psychometric test? Yes, held the EAT
Scenario: A case study of how a school encountered problems when ramping up its fundraising activities and guidance on how you can keep to the rules.
From 6 April 2017, many schools will be required to pay the new Apprenticeship Levy. We recommend 4 practical steps to take now.
Yes, maybe. Schools should be aware that an unclear COT3 settlement agreement could allow an employee to bring future employment tribunal claims.
A reminder to schools & charities following an inquiry that found a charity had permitted its website and social media to promote terrorist causes.
From April 2017, new regulations set a target number of apprenticeship starts for public sector employers of 2.3% of their total workforce.
Solicitor Stuart Armstrong of SV Armstrong has developed a Health & Safety Leadership Checklist as an introduction for those managing academies.
In a report relevant for academies and maintained schools, an ICO investigation concluded that charities had breached the Data Protection Act.
High Court rules draft Ofsted report was wrong to label segregation of girls and boys discriminatory.
Actions required for ALL schools following key changes to statutory safeguarding guidance from September 2016.
Reminders and good practice tips for securing value for money both at procurement and during the life of major contracts.
Schools that have salary sacrifice schemes as a benefit for staff paying school fees can take part in the government consultation on proposed reforms.
Employers who use the £30,000 tax exemption on termination payments are invited to consult on the proposed reforms.
Guidance to schools on balancing community relationships when expansion and development is opposed.
Academy trusts are companies and as such are subject to statutory reporting obligations under the Companies Acts.
Guidance from DfE updated on 1 July for employers, governing bodies, school leaders and staff in maintained schools and academies.
A brief look at recent charity law and company law developments which are of relevance to independent schools.
Despite the change of Government policy, we consider the reasons why it is likely that academisation will continue to accelerate.
What should be considered before dismissing school staff who have been employed for less than two years?
When might a member of school staff be making a disclosure in the public interest and so be protected under employment legislation?
What are the likely effects of a Brexit on those UK employment laws of most relevance to the independent school sector?
The Supreme Court unanimously ruled that an employer was "vicariously liable" for the actions of its employee in an unprovoked attack on a customer.
Recent reports have highlighted the difficulties schools face when parents become involved in these disputes.
Handling negative comments, complaints and criticisms about the school or staff made on social media can be a minefield for the leadership team.
An employer who reasonably believed that an employee was lying about his symptoms was entitled to find gross misconduct.
A recent Employment Tribunal case highlights the need for schools to be aware of the possible duty to make reasonable adjustments for dyslexic staff.
Schools hold large amounts of personal data relating to pupils and staff, which makes them particularly vulnerable to data breaches through hacking.
The DfE issued new guidance seeking to clarify who legally constitutes a parent, their rights, and the school's responsibilities towards individuals.
All academies must have a complaints procedure in place. This article summarises the guidance available.
On conversion, local authorities often provide schools with their asbestos reports. Unfortunately these reports are sometimes inaccurate.
Did an education trust discriminate against a teacher on the ground of age by replacing her with a less experienced teacher? 'No' ruled the EAT
The Bill has now been through the detailed amendments process in Parliament and is now unlikely to change significantly before it becomes law.
We analyse the Bill's progress through the House of Lords and considers the prospects of some interesting changes.
We look at academy disclosure requirements - an area where some academies unwittingly fall short, particularly in relation to information on websites
DfE has added to its academy funding agreements to make provision for coasting.
The annual reissue of the Academies Financial Handbook, effective from 1 September, continues the steady flow of additional requirements for academies
Wrigleys celebrates another successful year for its trainee recruitment process, and welcomes Trusts and Estates specialist solicitor Kieran McIvor.
A reminder to academy schools of some of the key requirements and available resources.
The new Ofsted Common Inspection Framework comes into effect in September.
Trustees are reminded that guidance on governance is available from a number of sources.
Are you caught by the new duty to prevent people from being drawn into terrorism?
If you have been lucky enough to receive Condition Improvement Funding or other funding for building works, here are a few things to think about.
Friday will see thousands of people across the globe spend a working day volunteering for good causes in their local community
Wrigleys welcomes the arrival of Laura Moss to its charity team and Alexandra Hempsey to its commercial property and education property teams.
Dementia Friends Champions Charlotte Buckley and Amy Slinn have held Friends' information sessions for 96 people at Wrigleys...and counting!
A short round up for schools on the legal developments at mid term.
A short roundup for schools on legal developments that you may have missed over the summer.
Many schools struggle with the question whether or when to convert to academy status.
The DfE has now released the draft membership Rules for the RPA for academies. This article considers the position and advises a way forward.
A view on the Department for Education's new Risk Protection Arrangement.
The community right to bid was introduced through the Localism Act 2011 which allows the Academy Trust to make an application to the Local Authority to register land of "community value" (which can be either private or public land). The land must have been used or is currently used for furthering social well-being or social interests of the local community and will continue to do so to be registered as land of community value e.g. a community centre. If the land is subsequently registered as being of community value and that land was ever for sale then the Academy Trust would be notified and given a right to bid on the land.