Deadlines for schools converting to academy status on 1 June 2022
Schools open as an academy on the first day of the month. In order to open in the chosen month, all the necessary paperwork associated with the conversion must be completed in the previous month.
The table below sets out the key dates for schools planning to convert on 1 June 2022. The table indicates the final dates for documents and other information to be sent to your Department for Education project lead and the Education and Skills Funding Agency (ESFA) in order to ensure your opening on 1 June 2022 goes ahead without a hitch. If these deadlines are not met whilst they promise they will always do their best, they cannot guarantee your school will be able to convert on 1 June 2022.
Please note that the model documents have been developed with advice from the department’s legal advisers and the Charities Commission. They have also been adapted over time based on their experience of helping schools become academies. The documents should be suitable for all schools converting to academy status. The department does not expect changes to be made to these documents – and any changes you make do risk delaying your conversion.
Actions for schools to complete
There are a range of actions that schools must complete prior to conversion. You will have already started many of these earlier in the process. They are:
TUPE.
Consultation.
Any shared use agreements must be approved by the DfE and set up with the academy trust.
Any loans must be approved by the DfE and transferred to the academy trust.
Land arrangements must be agreed by the DfE. Land issues can often be tricky, time-consuming to resolve and cause delays to conversion, so we suggest that you prioritise these for early work.
In some conversions – even where the deadlines have been met – complex issues (particularly for schools which have PFI contracts) can arise which need to be resolved prior to the conversion date. If you have any questions about what action you should be taking, by when, please see the guidance on the http://www.gov.uk/dfe website or speak to your project lead.
Key dates
Friday 1 April 2022: final, fully-completed versions of the following documents to be sent to your DfE project lead:
A fully completed land questionnaire, including site plan for the academy.
Partially-completed land questionnaires will be returned to solicitors and the deadline not met unless re-submitted by this date.
Draft memorandum and articles of association.
Draft funding agreement(s) and annexes.
Please note: no changes should be made to the text of documents once they are cleared by the department.
In addition, and where applicable:
Final draft of any leases/sub-leases which the academy trust plans to issue. This is where, post–conversion, an academy trust holding a freehold or leasehold interest in land intends to issue a lease or sublease to a third party tenant. This is NOT the 125 year lease from the LA to the academy trust.
Tuesday 3 May 2022: written confirmation (via email) to your DfE project lead that:
The Commercial Transfer Agreement (CTA) has been agreed, along with responses to key questions from your DfE project lead.
The main terms of any leases have been agreed (125 year lease from LA to academy trust), including any sub-leases that the academy trust intends to issue.
Friday 6 May 2022: submit to your DfE project lead:
One paper copy of DfE-approved and signed – but not dated – funding agreements, and any supplemental agreements or supplemental funding agreements. Please note no changes should be made to the DfE-approved text.
Confirmation that leases and sub-leases have been signed by all parties.
Confirmation that the CTA has been signed by all parties.
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