~ Department for Education

Mainstream academy and free school: supplemental funding agreement

July 2014

1

Contents

SUMMARY S .. EET

lnlolmaiAOn OlbOut u .. ~

I ESTABUS .. ING THE AC ADEMY

Dcr,.t.,• •mllnterpoatAJ•••

TheAtademy

2. RUNNING OF THE ACADEMY

T eac:Mra and lllDn

Pupils

SENUM

CllarQIIIII

AdmosslanS

CurrlcuiUtn

3. GRANT FUNDING

Caloulnllon or GAO

Olher rolovonl funding

4. LAND

5. TERMINAnON

T emo.n:II.On t;y etlhaf P•ttv

Term.na110n W•m•flll Notoee

Termonahan by the Seerotary at Slllle '"or lnspectlcln

l~ZDihl

4

4

8

8

8

9

9

9

g

9

9

12

13

1J

1~

15

15

19

19

19

20

Termination by the Secretary or State 21

Fundlnq anti admls$1.., during nciJce periOd 21

NQI)I;o ot "'tentloll to !emanate 5y Academy I lUll 21

erreet ot temnnatlon 24

B. OTHEP COfoiTRACTUAL ARRANGEMENTS 25

Ann~e. 25

fhe Muster Apreomom 25

Oeoetlll 25

1 , PUPILS WITH SPECIAL EDUCATION NEEDS jSEN) AND DISABILITIES 28

8. ADMISSION OF PUPILS WITH SEN AND DISABIWTIES 29

3

SUMMARY SHEET

Information about the Academy:

N~me of Academy TtU$1 King Ina Cllurch of England Academy

Company number 09120037

Data of Master Funding Agroamcnt

Namo of Acadamy -King Ina Academy (lnfams)

Opening date 1 September 2014

Type of~ Academy (Indicate Academy whether academy or ff1>e school)

Religious designation

Wholly or partly selective

Name of predecessor school (whore applicable)

Capacity number 150

. Age range 4-7

Number of sixth form places

SEN unit I Ruaourc& provision

Land arrangements Vers1on 2

(Version 1·7 or other)

Address and title number of Land King Ina Academy (Infants). Etsome Terrace, Somerton, Somerset. TA 11 6L Y

WS44101

July 2014 vi

Plouo connrm which clause varl•tlons have boon applied or marked as 'Not

used'

Clause No. Descriptor Applied I Not used

I I ron·ly appTies to free schools and new I

prov1-slon academ.es

2 A. I Clause appltes where an academy was previously a VC or foundation school d"oignated wrth a religious character

I

2.C, 2 0 Only applies Where tpe academy has un SEN unit

I

2E Only applies where there was a predecessor X

Independent school

-2 0 Clause does net apply ta free schools (unless • there was a predecessor independent school), or new prOVISion academoes

I 2.M Clause app~es only to academ10s and free I x

schools dessgnated with .a refigious character

2N Clause applies only to academr~ that were X

tormerly wholly selective grammar schools

20 Clause applies only to academres tllat wero - Jt formerly partially selective grammar schools

iz.T Clause applies to free SChools and new • provision academies deslgMled with a religious character

2.W Clause only applies where ll>e academy i$ . ·- • desognated with a religious cnaracter

2.X Clause only applies where the academy hes nol been designated with a relogrous

X :-

ct'aracter

2.Y Claus" appjies where an academy was 1-%

prevtously a VC school Of lounclalJOn school deSignated wrth a reF!giaos character

12 .Yo) Sub.c:Jause applies ff lhe academy is X

de!j1gnated with a denominational religious character - CE etc. rather than 'Christian·

5 July 2010 v2

.

~0. [ Clauaa t

J I\ 3F

3A 3.r

30

JJ

Ill

5K

5L

5 N

ll It

· Descriptor

Option 1 appHes 10 converter and spon~red academ.es. If YDed delete option 2

Option 2 applies to flee schOols and new provision acactcmlos. II used delete optron 1

ClaYse rela~ng to Start·UP only applies •n some cases (does not apply Ia academy

1 converter&)

Clause 0111)' appie, 10 fuf sponsored Bl'lll inlermedia!e ~ored academies With appmved Academy AcliOn P~

Clause does notepply to free schools [unless there was a prl!d~cessor ~ndepcndenl school), 01 new ll•trvl•lon academies

Clause only applies to sponsored academies

Clause app~es to free schools and may be applied to new pro...tOn academies

Clause appf""' to hee schools and may be appfied to new prov1110n .Jcademles

Clause apploe• to free sehools and may ba applied to new provision academies

Clause apphes to flee schools and may be applied to new provltlon academres

Clause applies to flee schools and may be appr.ed to new pr<Wls•on acadooues

Clause onty appf.es 10 schools Ylilich are

1 des'19nated wtlh a Churcll of England or Roman Calho~c coo meier

Applied Not U$&d

-• X

~

I ' •

-•

K

- I

~

x

x

I

- ll

Plauo idanlily any othor variation• from ihe model that apply to this academy

fl.g. clauses relating to PFI, or any requlrud boc:.ousa the multi academy trust

lnclud•s aC.Jdemies deslgnalod wl tll d iHoront mligioua charntoro, or a

miJture of t11ose designat~d with • nollgious character, and thooo Yfhich are

not);

G luly lOitvt

h•t1014 >I T

1. ESTABLISHING THE ACADEMY

1 A This Agreement made betv1een the Secretary <>f Stale for Education and Ki'IIJ

Ina Church of England Academy is supplemental to the master funding

agreement made between tile same parties and dated '). / ~IJ/f ·-::.ar ',-

(the ''Master Agreement")

Definitions and interpretation

1.B Except as expressively provided in this Agreement words and expressions

defined In the Master Agreement Will have those same meanln.gs in this

Agreement.

t .C The following capitalised words and expressions will have the following

meanings:

"The Academy' means King Ina AOllofttllY (tolpnl<) Academy (Juniors).

' Termination Notice" means a notice sent by the Secretary of State to the Academy

Trust terminating this Agreement on the date specified in me notice.

"Tormination Warning Notice' means a notice sent by the Secretary of State to the

Academy Trust, stating his intention to termtnate ChiS Agreement.

1 0 The Interpretation Act 197B applies to this Agreement as rt applies to an Act of

Parliament.

1 ,E Reference in this Agreement to clauses and annexes will, unless o\tletWise

stated, be to clau.ses and annexes to this Agreement.

lhoAcadcmy

L F The Academy is a Mainstream Academy as defined in clause 1.4 of the Mas.ter

Agreement.

1 G The Academy Trust will establish and maintain the Academy in accordance

with the Master Agreement and this Agreement.

1 H The Academy Trust will open tile Academy on 1 SeptemP.r 2014

!u.lv 2014 v2 B

1.1 Not used.

2 . RUNNING OF THE ACADEMY.

Teachers and staff

2.A Subjecno clause 2 4 of t11e Master Agreement and 7.A of this Agreement (if

used), the Academy Trust may, In aca>rdance with "'nY rotevant Guidance.

employ anyone it believ"" ~ suitably qualified or is otherwise eligible to plan

and prepare lessons ai'ld courses for pUpils, teach pupils, and,..ssess and

report on pupils' development, progreSS- and attainment.

2 A.1 Not used .

Pupils

2 B The planned capacity or tl\eAcademy Is I flO In the age cange 4·

SEN unit

2 C .Not used

2.0 Not used

Charging

2.E Not used

Admissions

2.F Subject to clauses 2.K- 2.L the Academy Trust will act in accurdance with,

and will ensure that its Independent Appeal Panel is trained to act in

accordance with, the School Admissions Code and School Admission

Appeal~ Code published by the OrE (the ·codes•) and all relevant admission~

law as lhey apply to !oundation and voluntary aided schools, and wfth

equalrltes law. Reference in the Codes or legislation to "admission authoritie."

Will be deemod to be references lo the Academy Trust.

g JufV ·2014 v2

2 G Not used.

2.H The Academy Trust must participate in the local Fa1r Access Protocol. The

AcademY Trust must participate In the coordinated admission arrangements

ope(ated by the LA In Whose area the Academy is situated. If the Academy ••

a free school, the Academy Trust is not requ>red to participate in ooordinatlon

lor its flrst intake of pupils.

2 I The Academy Trust may determine admtssion arran~ements (subject to

consultatton in line W1fh the Codes) thai give pnorlry for admission to children

attracting the Pupil Premium, including the service premtum (lhe "pupil

premium a<tmission C!iterion"), but not above looked-after children and

previously looked-after children.

2 J W~ere the Academy Trust applies the pupil premium admtsslon criterion, it

must provide information in its admission arrangements a~oul eUgibil~y for t~e

prem1ums.

2.K For the purposes of applying the pupil premium admtsSton criterion only.

sections 1.9(1) and 2.4(a) of lhe School Admissions Code do not apply insofar

as they prevent admission authorities from !liVing priority to children according

to the financial or occupational $latus of parents or Ustng supplementary

forms thai ask for:

a) any personal details ~bout tl\eir fin<~ncial status; or

b) whether parents are serv•ng in the armed forces (of any nation).

stationed in England, and exercising parental ca<e an<! responstbtlrty

for the child In question.

2.L TI•e Secretary of State may·

a) direct ttle Academy Trust to admH a named pupil to the Academy:

Ju)y2014 vl

I. foiiOWlng an application from an LA including complying with a

school atlendance order asllefined in s.ection 437 of the

tO

Education Ad 1006 Before doong so !he Secntary o1 State will

mnsuD !he Acaoomy Trust; or

if where tn rt!lahon to a •recrflc child or c:luldren lh~ Academy

Trusl has tailed !o act In accordance with fills Codes or lhis

Agreemenl or he• olllerwlse acted unlawfully; or

b) direct lhe Academy Tlust to IU11and its admission arrengemenls where

!hey do nol comply woll\ the Codes or lfus Agreeroont, or life Olherwise

unlawful

2M Nolused.

2 N Not used,

2 .0 Nol used.

2 P The Academy Trusl musl erroure lhal parents and ·relevant thrkJren' (as

descnbed in !he Codas) h~ve floe righlto appeal to an Independent ApPBal

Panel if they are dissatlSftell wrlh an admission deci5lon oflhe Academy

f rust 'The armnyenw\ls lot aj)peals musl ampl'f w1lh Uoe Codes as lhey

apply lo loundatJon and voluntary aided schools. ""' deletTfliN:~IIon of the

appeal panel Js bonding en all parties.

2 0 SubJect to clause 2 R, llle meaning ol'relevantarea' toolhB purposes of

consu~a!ion requirements In rolallon lo admission artangemcnts Is that

deterrnrned by the relevant LA 101 maonlarned schools In the aloa In

accordance w1lh llle Edvc~tlon (Relevant Areas for ConsulluUon on

Admission 1\trangement.s) Regui311011S 1999

2 R If tile Academy does nol ccn&lder the relevant aoea deu.nnoned by tne LA lor

the maintained schOOls on the area to be appropriate II must oppJy to lhe

Secretary of State by 1 Auuusl before the academic veao In quesllon for a

determlnalion of the approprlat~ relevanl a rea for ttoe Academy, GeUing out

the reasons lor this ~lew. 'file Secrelary of Stale Will consull tiro Academy

Tlusl and llle LA rn whos" ~rea the Academy Is ~~uatod In reaching a

decJSion.

II IWV)O\hl

2 S Tho Olliee Ill the Sc:l1ools Adjudicator ('OSA'l will cnr~•ltlet Ubtecllons to ltle

Ac;o1lomy.~ ad011=on arrangement3 (e<crct obfeciiOOillQalnst the agreed

Yai'IIIIIOm lrom lhe Codes speafted at ctause 2 K, CI\ICI which K has no

)urllodk:IIOn) Tile Academy Trust mw tlle"etore make ij clear, when

aqt•rmlntno the Academy's admossion arrangementJ. that Qbje<:IJIJflS shDtJid

oe subrnlttlld to me OSA The OSA'• dotcmnnatton ol an objection 1s brnd~ng

on the Academy and I he Academy Trust must rllake aopropriata changes to

II• odmlsslan arrangements as quickly as pnsslbltl,

2 T Not used

Curriculum

2 tJ The Academy Trust must provide for ille teaChing of ,.,uq.,us education and a

dartv act of colle<:INe wms"''' atlhe Acadomy

2 v Tho Ac:Jdemv T rustrTWSt comply Willi section 71{ 1 J {8) .tnt~ (81 of lhe SChool

Slllrldard$ and Ftameworl< Act 11198 as II the Academy were a community.

lbundatJon or voluntary school. and as if references ta"rohglous educatron•

end ' teiog10us worship' In that seaJon wcro reforencea to the religious

educatiOn end religious worship provided by the Academy In accol'dance with

etauee 2 x.

2W Not U!ed c

1 X Subj!>ctlo clau•e a V where the Ac.domy hat not boen designated with a

r911gloua chanoc:ter {10 accordance W!lh secllOo 12AB of the School

Standlll'd$ and Framew.lfl< Act 1998 or fual\01 to sectl&rl 8(8) or the

AGaoemoes o\c1 2010).

a) prt1v1slon muu be made for rellgrous ~dUC;'I~on to be gtven to all pupil$

~~the Academy in accordance wrth tho '""'u'"'ments for agreed

tyllalluses In section 375(3) or the Eduoalion AGI1905 and paragraph

2(5) of SChlldule 19 to the School Standards and Framework Act1998:

12 July 1014 vi

bY the 1\cad~my must comply w~h section 70(1) of. and Schedtile 20 10.

the School Standaros.and Framework Act 1998 as lf ij were a

community. foundation or·vofuntary school which doe:s not have a

religious characler, except !hat paragraph 4 of that Schedule does no\

apply. The Academy may apply to the Secretary of State for consent

to t>e relie•ed of the requirement imposed by para.graph 3(2). of that

Schedule.

2 . Y Nat used.

a)

b) Not used.

2.Z The Academy Trust mustllave regard to any Gutaance, lurther to secttan 403

of the Education Act 1996, on sex and relationship education to ensu•e that

children at the Academy are protected from inappropriate teaching materials

and that they learn the nature of m~rriage and ~s itnt:>ortanee far !amity life

and far bnng•ng up children. The Academy Trust must also have regaNJ to !he

requirements il1 se.ction 405 or the Education Act 1996, as if the Academy

were a main~ined school.

2.AA The Academy Trust must prevent politlcal indochination, and ·secure lhe

balanced treatment of political issues, In hne with the require!l'ent& for

maintained s~hools $et ou1 in the Ed\rcation Act 1900, and have regard to anv

Guidance.

3. GRANT FUNDING

Calculation of GAG

3A-30. No1 used.

3.E Tt>e Secretary of State Will calculate GAG based on the plipil cownl al l he

Academy In order to calculate GAG for the Academy F'lflancia.l Year in which

the Academy opens. the pupil count will be determined on 11le same basis as

13

that used by tha relevant lA lor determining Ute budget of the maintained

Predecessor School

3 F For Academy Financial Years after that referred to in clause 3.E, the basis of

the puprl count for determining GAG wrll be:

a) for pupils in Year 11 and below. the Schools Census Which is used to

fund maintarned schools for the finanaal year overlapping With the

Academy Ffnancial Year In question; and

b) lor pupils in Year 1.2 and above. the forTnula wh•ch is in use at the time

for maintained schools.

3.A number

38

3 G Not used.

3.H The Secretary of State recognises Uta\ if he serves a terminahon Notice or a

TetTnin<'ltion Warning Notice, or otherwise terminates the Master Agreement,

the mtake of new pupils during the notice period may decline and therefore

payments based on the number of pupils a«ending the Academy may be

in~uffioienl to meet the jlcademy's needs. In these circumstance.s the

Secretary of Stale may pay a larger GAG in the notice period, to enable the

Academy to operate effectiVely.

Other rolavant funding

.3.1 Not used.

3.J The Secretary of Stale may pay the Academy Trust's costs rn ccnnecliM WHO

the uansfer o{ employees from a Predecessor School under Ute Transfer of

Undertakings (Protection of Employment) Regulations 2006. Such payment will

be agreed co a case·by·case basis. The Academy Trust must not budget fo.r

such a payment unless the Secretary of State confirms in writing that 11 will be

paid.

14 Jufy 1014 vl

Carrying forw•rd of funds

3 K Any aodd•tlonal gram made In accordance With tlaUSA! 3 H tor a period alter u.,.

~tlllll\' ot Slate has served a T l!lllllnabon NotiCe 01 a TermlnllliDfl Wam1ng

Not1ca unde1 thl$ AgtMment, 0< o<herwise tennlnales the Master Agreetnef\t.

may bo C80>e<f torward wllhout bmdalloo or dedUCIIot1 \IOtifthe ClrctJmstances

sel out In clau.a 3 H rease 1!> apply or lhe Academy do&eS,

4. LAND

II

' Llllltl" rn6ons the land at King Ina Academy (Infants), E.llome Te,race, Somerton,

Somerset, TAt t 6LY be1ng the land registered w.th title 11umherWS44 tO I and

demised by the lease

"l en• menns ltlo IOase or Olhet otaJpa!Jonal agreement betweC!fllhe Academy

Trust and a thlftl party (11\e "Landlord") under whltll the Acooemy Trust dl!ffles titk,

lo tl\e lalld

"Propar1)' Notlea• means any order. notice. proposJII. demand or other n!qurrement

rssued by any oornpetent authon1y ~ncludin9 the Larldlt)•d) which mateoally affe<:ts

tho Aca;Jomy Trust's ab~lty to use the land lor tho purpoaoa otthe A<>ademy

Rostrlctlont oo L«nd transfer

4..0, The Academy Trust must:

at within 28 days artersignfng tills Agrceme11t. apply to lhe Land Registry

usltlg Form RX 1 fur the tollowtng restnct100 (11\e 'Rcs1tlcfion") to be

entered rn llle propnetorshft> oegisle• tor 111e ll!nd

hlljl014 Yl

No dtspositiOII of !he teg!Steted eslnt~ by thO proptiOIOr of Ole

tflglitiBred estate is to be registeted Wlfhml/ a written consem it/pned l1y

tile Seorotary of Stale for EduceJ/011. of SDIICIIIIJ()' BU/Id/llfJS. Great

Smlfh Slme~ London SW1P 38T

15

b) take any furthel.step; reasonably reqUired to ensure tllal tlle

Restriction is entered on the propnetorshrp registet:

c) promptly confim] to the Secretary of State when the Restrtchon has

been registered:

d) if it has not registered lhe Restriction. permit the Secretary of State to

do so in its place: and

e) not. Wllllout the Secretary of State's consept, apply to pisapply, modify,

cancel or remove the Restnction. Whether by itself. a holdrng company,

a subsidiary company, or a receiver, administrator or liquidator acting In

the n;tme of the Academy Trust.

Obligations. of tho Academy Ttuat

4,8 The AeademyTrust must keep the land dean and tidy and make good any

'damage or deteriorabon to the Land. The Acaderny Trusl must not do

anything to lessen the value or marketability of the Land wi!J1out the Secretary

of State's consent.

~ C T~e Academy Trust must comply with !J1e Lease and prompUy enforce Its

rights again$! !he Landloro.

4 D The Academy lrust must' not, without the Secretary of Staie'" consent:

a) terminate, vary, surrender, renew, dispose or or agree any' re'lised r~n1

under the Leas.e.

b) grant any consent or licence~ or

c) create or allow any encumbrance, or

d) part with or share possession or occupation; or

e) enter into any onerous or restricttva obligations,

In respeet of all or part of the Land.

16 July20U Vi-

Option

4 E The Academy Trust grants Qnd the Secretary' of State accepts an option (tf1e

"Option") to acquire all or part of llle land at nil consideration. The Secretary

of State may exercise the Option in writing on lerminallon of this Agreement II the Option is exercised, completion will take place 28 days """'tile exercise

date in accord-ance wlih the ~aw Society's Standard CoMrdon• of Sale for

Commercial Propeny In force at !hat date.

Option Notice

4 ,F The Academy Trus11

~) /T1USt, within 1~ days after acqwrlng !he Land or. if later. after signing

this Agreement. appty to tile Land Registry on Form AN I (including a

copy of this Agreement) for a notice of the Option (the "Option Notice' )

to be entered in the register, lakrng any further steps required to have

the Option Notice registered and promptly conflnning to the Secretary

of State when lhr> has been done;

b) if it has not regi$1ered the Option Notice, agrees that the Secretary of

State may apply to register it using Form UN 1·

e) must not. without the Secretary of State's consent, apply to disapply,

modify or rernl>ve the Option Notice, whether by itself. a holding

cornpany, a subsidiary co111pany, or a receiver administrator or

liquidator acting in llle name of 11\e Academy Trust, and

d) must, in the case of previously unregistered land, within 14 day• after

acquiring the Land or, if later aiter signing this Agreement. apply to

register a Class CQv) land charge in the l and Charges Regi~try. and

send the Secretary of State a copy of the relevant entry withi~ 7 days

after the registration has been completed. If the Setfetary of Slate

considers that the Academy Trust has not complied with this clause, he

ma·y apply to secure the registration

Property Notices

17 M y 1014 vl

4,G If the Academy Trust receives a Property Notice. it must:

a) send a copy of It to the Secretary of State WJthJn 14 days. stating how

the Academy T rust intends to respond to i~

b) promptly give tne ~cretary of State <~ II the lnfollTlation he asks for

about~;

r.l allow the Seeretary of State to take all necessary action, wrth or rnstead

of tile Acaderpy TfUsl, Ia comply with it, ond

d) use ~s best endeavours to help the Secretary of State fn connection

will! it

Broach of Loa so

4,H tf the Academy Trust is, or ij It is reasonably foreseeable thi!l it will be, In

material breac!l of the Lease, 111e Academy Trust must ommediately give

wriUon notice to the Secretary of State staWog what the breac!l is and What

acbon the Academy Trust has taken or proposes to take to remedy It,

including llmescales where appropriate.

4.1 Alter notofyong the Secretaoy of State under clause ·4.H, the Academy T ru•t

11jUSt

a) ~rcmptty giVe the Secretary of State all the Information he asks- for

about the breach;

b) allow the Secretary of State to take all necessary action, wlth or instead

of the Academy Trust, to remedy or prevent the breach, a-nd

c) use its pest endeavourn to help the Secretary of Slate to oemedy or

prevent the breach

Jul'f 20J4 vl 1B

5. TERMINATION

TermlnaUon by either ~arty

5.A Either party may give a t least seven Academy Financial Veals' nOtice to

leJTmnate thi$" Agreement Such teJTnlnation would take effect on 31 August of

the relevant year

Tennination Warning Notice

5 B TI1e Secreta f)' of State may serve a T erm1naUon Warning Nojlce where he

constders that:

a) the Academy Trust has breached the provisions of this Agreement or

the Master Agreement; or

b) the standards of performance of pupil• altha AcadetnY are

unacceptably low; or

c) there has been a senous breakdown in the way 1t1e Academy Is

managed or govemed; or

d) lha safety of pupils or staff is threatened, including due to breakdown of

disc,pllne .

.S C A Termination Warning Notice served under clause S.B will specify;

~) the action the Acaclellly Trust must take;

b) the date by vmich the acti<Jil must be completed: and

c) the dale by which the Aca(jemy Trust must make>Jny representations,

or conflrtn that it agrees to undertake the specified action.

5.0 Tile Secretaf)' of State will consider any representations from lhe Academy

Trust Which he receiVes by tile date specified in the Termination Warning

Notice. The Secretary of State may amend the Termination Wamlng Nottce to

specify further action which the Academy Trust must take, and the date by

which It must be completed.

19 July 1014 ¥l

S.E If the Secretary of State considers that the Academy Trust has not responded

to the TerminaUon Wamfng Notice as specmed under clause 5 C(c), or has

not completed th'e adion required in the Terminal ion warning Notice as

specified under clauses S.C(a) and (b) (and any further actron specifted under

clause 5.0) he may serve a Termination Notice,

Termin~tion by the Secretary or State af\er inspection

S.F II the Chief Inspector gives notice to the Academy Trust that:

a) special measures are required to be taken in relanon to the Academy

or

b) the Academy requires significant impro~ement

ttl~ Secretary of State may serve a Tennrnation Warning Notice. specirying

the dale by whrch the Academy Trust must make any representations.

5.G In deoldrng Whether to give notice of his intention to terminate under clause

5 F, the Secretary of State will have due regard to the overall performance of

!he Academy Trust.

S.H If the Secretary of State llas served a Termination Warning NoUce under

clause S.F and:

a) has nol received any representations from the Academy Trust by the

date. specified in the-notice: or

h) having consJdered tile representations made by the AcadeJ11Y Trust

remain• satisfied that this Agreement should be terminated;

he may serve a Termina~on Notice.

5 I Not usetl.

July Z014v1 20

Ttrmln1tlon by the Soc:notary o l State

5 J lithe Seaelaly of State ltH detel'mined that the Academy willlle removed

hoon U1e Register of Independent Schools and no appeetogatnslthat

deterrrunation Is pending, ho may Sefve a Temllna.bon Notu;a,

5.K Not used.

!tl tlot used.

5 M Not used.

S N Not usect

Funding an.- admission during notice porlod

6 0 II the Secretary of State serves 4l Te1111lnation Notice undor oblute 5.A. the

Academy Trust may continue during the notice penod to admit pupils to the

Academy. and 1o receNe GAO and EAG, in accordaiiCII wnh th~ Agreemenl

li P II the Secre!ary of StaiB servt• a Termination Wamong Notice or 1

Termination Notice olho!owl.e than underdause 5 A, the Academy Trust mav

continue during the notlc:o perjod to admrt pupols to the Academy (unles.; the

SeCJetary of State speclfl~s ottwwlse), and to re<:ehle GAO Md EAG, In

accordance with thos Agreement,

NoUce ollntenlion to term Ina._ by Academy Trust

S 0 The Seaelary of State W111, IM!fooe the stan of each Academy Flnanaal Year

provide the Academy T!IISI With a (lnal fwld11g allocatiOn IOdlcatJflll lhe level

of GAG and EAG to be provk!O<I in then~ Academy Flnanc>al Yea( (the

"Funding Allocation").

5.R Ill he Academy Trust Is of tM opiniOn that, afier receipt of the Funding

1\llocation for the nevt Academy Financial Year (the 'Cr1tl~at Yoar•) and alter

taking Into acccunt all other raSO<Jrces likely to be avalktble to the Acaaemy.

l!ldudtng othef funll$ that aoe likely to be available to tne A<;;odemv from ather

21 M l']lllhl

academies oper~ted lly tt>a AcaqemyTrust ("All Other Resourceal, n is

likely that the cost of mnntng the Academy dUring lhe Critical Year would

ca"se Ute Academy Trust to oocome insolvent (and for ttns reason onlY) then

the Ac;Jdemy Trust may give wntten notice of Its intention to tenmnate tins

Agreement at the end of the then current ACildemy Financ:al Year.

5.5 Any notice given by !he Academy Trust under dause 5.S must be provided to

the Secretary of Sta.te Within st. Weeks of the Secretary of State tssU!ng lhe

Funding Allocation The notroe giVen by tt>c Academy Trust under clause 5.5

must specify:

a) the grounds u,pon which the Academy Trust's opinion is based,

lnoludlng:

1. evidence of those grounds;

il. any professional accounting advice the AcademY Trust has

rpceiVed:

iii. a detailed statement of steps WhiCh the Acad"myTtust propos.,

lo take to ensure thatlr.e running costs of the Academy we

reduced such that cctSts are less than t11e Funding Allocation and

All Other Resources, and the period of tirpe wnhin which such

steps will be taken: and

b) the shortfall in the CnUcal Year between me Funding AIIOC11tton and All

Other 11esources expected to M available to the Acad<>my Trust Ia f\lfl

the Academy and the projected expenditure on the Academy: and

c) a detailed bucjgel of income and expenditure for llle Academy dunng

the Critical Year (the ' Projected Budget'),

5 T Both parties will use their best endeavours to agree whether or not lhe cost of

running the Academy durfng the C1iUcal '(ear would cause the Academy Trust

to become ir\solvenl. Both parties reoognise tliat they will need to engage in a

constructive dialogue at the Ume about t.ow best to provide educabon for the

22 Jutv 2014 vl

pup11s atl~e Academy and usa their best·endeavours to agree a ·practical

solution to the problem.

5,U If no agreement is reached by 30 April (or another date If agreed between the

parties) as to whether U1e cost of running the Academy duril\9 too Critical

Year would cause the Academy Trust, to bfWOme insolvent then that question

w•ll be referred to an independent expert (the "Expert/ for resolution, The

E:xperfs· deteoninalior1 Will be final and binding on both Pilrties. Tl•e Expert will

be requested to specify in hiS determination the amount of the shortfall ln

funding (the "Shortfall").

5.V The Expert will be an insolvency prac1itioner Willi slgnlncanl professional

experience of educationallnstilutoons oracademies. If the parties fait to agree

upon the appointment of the. Expert then the Expert will ba appointed by the

Poesidenl of U>e Institute of Chartered Accoomlants In England and Wales,

The Expert'$ fees Will be borne equally between 'the parties,

5W The Expert will be required in reaching his determination to take • =unt of

advice from an educational specialist who is professionallY familiar with the

issues ansing from the b~dget managetnent of schools, It tho parties fail to

agree upon 111e appointment of the educational specialist then the educational

specialist will be appointed by the Chairman of the Spe()jalist Schools and

Academies Trust (or any successor or e<1uivatent body). The educational

specialist's fees will be borne equally between the parties,

5X tr IJ1e Expert determines thattlia cost of running the Academy during tile

Critical Year would caui>e too Academy Trusttp be<:Qme Insolvent, and the

Secretary of State wiil not have agr""d to proVide sufficient addaional fundong

to cover the Shortfall, then the Academy Trust will be entitled to terminate this

Agreement, by notice expirfng on 31 August before to the Critical Year. Any

such notice will be given witnin 21 days after (a) the Expert's determination

will have been given to the parties or (b), if later, the Secretary of State Will

have given written 11obca of ~is refusal to provide sufficient additional tunding

for lhe Academy to cover the Shortfall

23 July101Av1

Effect of termination

5 Y If this Agreement is terminated, the Academy 1vill cease to oo an academy

within the meaning of sections 1 and tA or the Academies Act 2010.

5.Z Subiect to clauses 5,BB and S.CC, it the Secretary of State terminates this

Agreement under clause 5 A. he will indemnify the Academy Trust. If the

Secretary of State terminates this Agreement' dthe!Wise than under clause

S.A, he may at ~is discretion indemnity or compensate the Academy Trust.

6 AA The amount of any such indemnify or compensation will be determined by tha

Secretary of State, nav1n9 regard lo representations made to him by the

Academy Trust, and will be paid as and when the Secretary of State

considers <IPPropriate.

5.68 The categories ol expendtture lnct~rrecl by the Academy Trust In consll<!uence

of termmation, for which the Secretary of St;3te may indemnify the Academy

T t'IJst under clauses 5,AA, may include:

a) staff compensation and redundancy payments.

b\ compensation payments in respect of broken contracts:

c) expenses of disposing of assets or adapting lllem for other purposes

d) legal and other professional fees: and

e) dassolulion expenses.

5 CC If this Agreement is terminated, and the Acaderoy Trust owns capital <Jssets

which have been part1y or wholly funded by HM Government. the Academy

Trust must. as soon as possible after the termination date;

a) transfer a proportion of those capit~l assets, ~!<~Ual to the proportion of

Ule original financial conllibution made by HM Government. to ~

nominee ofthe Secretary of State to use for educational purposes; or

b) If the Secretary of State direclil that a transfer under clause 5 .DD(a) is

not required, pay to the Secretary of State atthe fermlna~on date (or,

24 luty .2014 V2

by •grefll!1enl with ltle Secretary of S1Uto, at tne date of lnelr

aut>s<~quent disposal) a sum <~qulvalont to 1M propoctJQn of tile anginal

linaHC18l amtribuUOn made by HM Government

5 DO Tite Secrelary ol State may

8) Walve all or part of tHe repayment due unde~ •ub-clauaa 5 OD(b)lf the

Academy TI\JSt obtains his pem~issoon to Invest tile ute proceeds for

rts cl1aotable purposes; or

bl direct the Academy TNstto pay all or part of tho lillie proceeds t.o the.

relevant LA.

6. OTHER CONTRACTUAL ARRANGEMENTS

Ann•••• 6 A Any on,..,xeo to 1!115 Agreement form patt ol 111ld ;Jre ln®rpolat"" tn!o this

AgtMmenl

Tho Maflar Ag,..ement

0 B E.tc~pt a• expres'-fv provrded tn this Agreement. all prD"mtons of the Mastel

Agrellmetlt have lull force and effect

Gonor•t

B C The Academy Trust cannot assign this AgreemonL

6.0 Failure to exercl~. or a delay in exercising, ouy right or remetfY of l~e

Secretary of StAte under thfs Agreement ClnciUdlno tltn rlgmto termtnate this

Agreement), Of o .SJflgie or parbal exercise ot slltll a ttQIIt o. remedy a not a

Wlllvor ol, and does nnt prevent. or restrid anv lfllltal or IUtll\er exercise cl, lh21

or aov other right or remedy.

6 E Termtnauon of U11s Agreement Will not alteC! the ac;c\le<l notus. remed•es.

obll(lahOn• or llabllrties of the parties exr•ltng at lcmolhntlco

July WI~ vi 25

6 F ll~a Agreement may be exeeu1ed in any number of counterparts, each of

wlltc/. when executed and delcvered $hal conot1tU1El a c!Uplicate cngonal butal

cl wtucto Wltl togelhef constitute tne same agreement

6 G TM!s Agreement and any diSpUte or cla.m srisong cut cl or rn conn&chan vnth II

or ItS aub1ect matter or formation (lnclud;ng ncn-controc:tuai disputes or

elnima) aha II be governed by and construed 10 ecccrdanoo w1th the law of

England and Wales. and submitted to the excluSive junsdiclicn of the courts tlf

Englund and Wales,

a I~ Nol uscfl

26 Jui0014 v1

E•ecute<l on behalf or the Academy Truat by:

and

Director

The Corporate Seal or

THE SECRETARY OF STATE FOR EDUCATION

olfi~ed to this deed Is authenttcatod by

m ... ctor

•

Duly Authorlted

27

f<NNEXES

7. PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND DISABILITIES

"Statement of SEN" means a statement made under section 32A or the Education

Act 1996

7.A Clauso.2.A does not apply {o anyone "'l1orn the Academy Trust appoints as

the Speclal Educalional Need,. Co-ordrnator under section 317(3A) of the.

Education Act 1996, who must instead meef the requirements In Regulation 3

ot lhe Education (Special Educational Needs Co"ordinators) (England)

Regutanons 2008

7 .B The Academy Trust must comply with all tho duties imp0$ed on maintained

schools, With r~>gard Ia pupils with SEN and drsab.ililles, in:

a) Part 4 of the Education Act1996;

b) The Education (Sper.ial Educational Needs) (lnformatron) Regulation~

1999,

c) The Education (Special Educational Needs Co-ordinators) I England)

(Amendment) Regulations 2008,

7 .C Where a c~itd who has SEN is being educated In an Academy nun by lha

Academy Trust. lhose concerned with making -special educational provision

lot the r.hild must secure that the child engages In lhe activities of the school

together with children who do not have SEN as far a sis reasonably

practicable aM Is compatible With

a) the child receiving tne special educational provcsion Whlcn his learnll'\9

dcHiculty calls tor;

b) the provision ot elfrc)ent education tor the childran "'ilh whom he willlle

educated: and

c} the efficient use of resources.

28 lVI'/ 2014 v:l

7.0 The Academy Trust must ensure that its Academies' websrtes mclude details

of the implementation of their poliCies for pupils wtth SEN; the arrangelllents:

for the admission of disabled pupils; the steps taken lo prevent disabled pupils

from being treated less favourably tt1an other pupils; and the taciliti'}s provided

to assist access to that Academy by disabled pupils (disablhty as betng

defined for llll' purpQses of tt>e Equality Aot 201 0).

B. ADMISSION OF PUPILS WITH SEN AND DISABILITIES

B.A The Academy T"'st must for each of its Academies. subject to its right of

appeal to the Secretary of State, admit all pupils with a statement of SEN

naming thE! Academy.

8.8 Where an LA proposes to nama one of the Acadenlies In a statement of SEN.

it must give the Academy Trust Written notice of this, stating why it considers

that Academy to be sunabla tor tne pupil in question. W1thin 15 daY$ of receipt of the LA's n'otice, the Academy Trust must consent to being named, except

where admitting the child would be incompatible w~h the provision of efficient

education for other children, and no reasonable steps c:ould secure

C001Pat1bllity. ln decilling whether a child's inclueion would be lncompa11ble

wlth the efficient eclucation or other children or the efficient use of 1esourees.

the A¢ademy Trust must have regard to the relevant Guidance issued to

maintained schools.

8.C If the Academy Trust decides that admitting tho child wolllcl be incompab'ble

wilh the provision of efficient education or the efficient use or resources., II

must, within the 15 days, notffy the LA in writlhg. gtving its reasons for its

d~cision.

6.0 Tite Academy Trust must then 11eek to ~stablish from Ute. LA whether or not ~

agrees With this determination. If the LA does not agree with the AGademy

Trust's response. and names the Academy in the child's statement of SEN,

the Academy Trust must admrt the ohtld to the school as specified in the

statement or otherwise by the LA.

39 Jul.,. 20H v2

6.E If in such r.ase, the Academy trust cons1ders that the LA sliaUid not have

named the Academy In the statemen~ it may ask the Secretary of S tate to

determine whethel the LA has acted unreasonably, and to make an order

u irecting the LA to reconsider. The Secretary of Slate's c!eterminahon v;ill be

final, subject on(y to any right of appeal which a parent of tile child r{lay have

to tha First-tier Tnbunal (Special Educahonal/'leeds and DisabilitY)

8 F' II a parent of a child fol lvhom the LA maintains a statement appeals to the

FirsMier Tribunal (Special Educational Needs and Disability), either for or

against tne naming of the Academy in the child's 1itatemenl, then lhe

T rlbunal's deasion will be binding, even if It is different from til at of the

Secrelary of Slale.

D G Where it has been determined that the Acader{ly be named in a child's

statement of SEN. the Academy Trust must admit the child to the Academy,

llOtwilhstanding any olher admissions requirements In this Agreement

B. I-I Clauses 7.A to B.H only apply insofar as the relevant provisions of the

Ctnldten & Families Act 201~ relating to SEN and disabOity do not apply to

Academies and Free Schools.

July il014 \i!

30

ADDITIONAL CLAUSES WILL NEED TO BE AOtl£0 FOR ACADEMIES WITH PARTICULAR CHARACTEI'IISTICS.

ACADEMIES WITH Pfl ARRANGEMENTS

Thero are a number of PFF specific clauses that neetJ lo bs insertod inlo 1/Jis

Agreement where /here ore PFt arrangements in o~istenoo re/a/illrJ Ia the

land/properly of the /J.cadomy. Your Project Lead Will provide you with the arfdit/011al

ci~Uses Uta/ Will be needed.

'MIXED MATS'

rn the event llwt a MAT is made up of academies which (fo no/ all sl1are 1111~ same

teligiaus chanecler, or /here is a mf<turo of sc/loo/:tdes/gnated with a religious

characteralld those wl>icilare no~ there"'" additional clauses whiciJ should be

included In this Agreement. Your Pmject Lead will provide you <<lith the role van/ clauses.

/uly 2014 v.< 31

~ Department for Education

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32