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0035 2023/24
31/10/2023
Children and Young People
All wards
Hope Academy Transfer
To approve the transfer of all land and buildings at Hope Academy from the Newton Academy Trust to the All Saints Multi Academy Trust by way of a 125 year lease.
To seek approval to the transfer of all land and buildings (as shown edged red on the attached plan) at Hope Academy from the Newton Academy Trust to the All Saints Multi Academy Trust by way of a 125 year lease. To authorise the Director of Legal and Governance to prepare and execute all necessary documentation required to conclude the transfer.
Following the closure of Newton High School and St Aelred's RC High School, Hope Academy opened in 2009 as a co-educational secondary school with academy status. Consistent with the school's status, a 125 year lease in relation to the school land and buildings has been in place since 2009 between the Council and Newton Academy Trust, which is the charitable company that was incorporated at the time. Department for Education guidance provides general advice on securing the continued use of land when maintained schools convert to academy status. In summary, the guidance states that: a) it is a requirement that all land and facilities used wholly or mainly for the purposes of the converting school will transfer and be made available to the academy trust; b) timely steps should be taken to ensure such transfers are completed in time for the conversion; c) local authorities are expected to ensure that any land they hold is transferred to the successor academy in accordance with the guidance. Hope Academy has successfully applied to join a larger trust (All Saints Academy Trust), the process being subject to oversight by the Department for Education (DfE). As a result of the transfer to another academy trust, there is a requirement for a lease to be in place between the Council and All Saints Academy Trust. The draft lease (derived from the DfE's standard form of lease) is attached to this decision. There are no substantive changes from the previous lease. The parties to the lease will be the Council and All Saints Academy Trust.
In order to comply with the guidance and the provisions contained within the Academies Act 2010, it is necessary for the Council to transfer the land and buildings at Hope Academy to All Saints Academy Trust by way of a 125 year lease.
The risks are minimal. The process has been overseen by the DfE, and the associated lease documentation is in accordance with DfE requirements.
The process has been overseen by the DfE, and the associated lease documentation is in accordance with DfE requirements.
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Please contact Greg Tyrer on 01744 671812
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