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0039 2024/25
27/08/2024
Children and Young People
All wards
Academy Conversion - Willow Tree Primary School
To approve the transfer of all land and building at Willow Tree Primary School to Three Saints Academy Trust by way of a 125 year lease; and to approve the required commercial transfer agreement.
To seek approval to the transfer of all land and buildings at Willow Tree Primary School to Three Saints Academy Trust by way of a 125 year lease, together with the required commercial transfer agreement; and to authorise the Director of Legal and Governance to prepare and execute the necessary legal documentation.
Willow Tree Primary School has applied to become an academy school under the control of Three Saints Academy Trust. The Department for Education has issued guidance that 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. In order to comply with the guidance, the necessary legal documentation, comprising a DfE standard form of lease and a commercial transfer agreement (which covers matters such as staffing, contracts and assets to be transferred) has been prepared and is attached to this decision. The parties to the lease will be the Council and Three Saints Academy Trust. The parties to the commercial transfer agreement will be the Council, the governing body of Willow Tree Primary School, and Three Saints Academy Trust. The relevant legal documentation is attached to this decision.
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 Willow Tree Primary School to Three Saints Academy Trust, by way of a 125 year lease, and to enter into a commercial transfer agreement.
The risks are minimal. The process has been overseen by the Department for Education (DfE), and the associated legal documentation is in accordance with DfE requirements.
The process has been overseen by the Department for Education (DfE), and the associated legal documentation is in accordance with DfE requirements.
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Please contact Greg Tyrer on 01744 671812
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