Academy Conversions and Strategic Growth

The timescale for an academy conversion will vary depending on the type of school, the complexity of its land and staffing arrangements and whether it’s joining an existing Multi-Academy Trust or forming a new one. As a general guide, single academy conversions typically take three to six months, while schools joining an existing MAT can complete more quickly and forming a new MAT may take longer.

The legal steps involved in forming a Multi-Academy Trust usually involve:

• Establishing the MAT as a charitable company limited by guarantee
• Drafting and adopting the MAT’s Articles of Association
• Appointing members, trustees and key officers
• Preparing governance and scheme of delegation documents
• Entering into a Funding Agreement with the Secretary of State
• Managing the conversion and transfer agreements for each school.

Due diligence allows all parties to understand risks, liabilities and future obligations.

Typical areas of due diligence include:

• Land and buildings (ownership, leases restrictions and liabilities)
• Employment matters, including staffing structures and pensions
• Commercial contracts, such as catering, IT and facilities services
• Financial and governance arrangements
• Ongoing disputes or regulatory concerns.

Academy mergers or re-brokerages involve the transfer of one or more academies between MATs, often at the direction of the DfE. This typically includes:

• Termination or variation of existing Funding Agreements
• Entry into new agreements with the receiving MAT
• TUPE transfers of staff
• Transfer of land interests, contracts and assets
• Governance and leadership changes
• Careful stakeholder and regulatory coordination.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) usually apply when a school converts to academy status or transfers between trusts. Managing TUPE correctly reduces employment risk and supports a smooth transition for staff.

In practice, this means:

• Staff automatically transfer to the academy trust on existing terms
• Continuity of employment is preserved
• Pension arrangements require particular care
• Information and consultation obligations must be met.

Land and property matters are often one of the most complex aspects of academy conversion.

Key issues include:

• Identifying who owns the freehold or leasehold
• Transfer or grant of a 125-year academy lease
• Title defects, covenants or third-party rights
• Shared use arrangements and access rights
• Playing fields and charitably held land.

Unresolved property matters are a common cause of delay, so early investigation of land issues is critical.

Governance arrangements must align with DfE requirements and support effective oversight at both trust and academy level.

This may involve:

• Restructuring the board of trustees
• Appointing or changing members
• Establishing local governing bodies and committees
• Updating schemes of delegation
• Ensuring compliance with the Academy Trust Handbook.

Governance frameworks should be reviewed regularly to ensure they remain proportionate, effective and compliant.