BHP for Business

Looking to convert to an Academy ?

31st Jan 2012

Schools in the North East that are choosing to convert to Academies are calling on a regional law firm for help.

BHP Law, which has offices in Darlington, Stockton, Durham and Newcastle, has become a leading advisor to schools seeking to convert to academies.
 
A number of issues relating to conversion fall under the legal umbrella and it is one area where schools need to seek professional advice.
 
However, with the pace of change and the rate at which schools are seeking to convert, not all law firms have the capability or knowledge to be able to address their needs.
 
BHP Law has developed highly regarded expertise and has broken new ground in a number of cases.
 
The conversions it has completed or was working on in 2011 include:
 
  • The first rural primary in North Yorkshire;
 
  • The first secondary school in south west Durham;
 
  • The first federation of Church of England village primary schools in the Diocese of Durham, at Heighington and Redmarshall;
 
  • And the first academy in Durham for the Newcastle and Hexham Catholic Diocese, St John’s in Bishop Auckland.
 
David Lucas, a partner and company law specialist at BHP Law, leads the team which advises headteachers and governors on the conversion process.
 
The advice ensures that governors fulfill their legal and contractual requirements as directors of the new academy as well as covering property arrangements, forming the new academy company, the academy funding arrangements with the Department for Education and the transfer of staff from local authorities under TUPE regulations.
 
David explained: “We have advised a number of schools converting into academies, from large secondary schools to village primaries, and from Church of England and Catholic schools to community schools.
 
He added: “Although the overall process is set out by the Department for Education, every school is different and has specific needs.  Through our work on land transfer issues, for example, we have provided a process to the Department for Education on conversions for voluntary-aided schools which will be of benefit to future conversions in this region and beyond.”
 
Being local means we are approachable and are there whenever needed to guide governors and headteachers. Governors have particularly valued the training we give on the duties they have to comply with under Company and Charity law, and we continue to work with them to provide on-going governance training after the academy is up and running.”
 
Kathryn Bell, headteacher at Great Smeaton Academy Primary School, said: “Conversion is not particularly complex but it can be lengthy and daunting and we wanted to manage it as efficiently and effectively as possible. One of the governing body’s key aims was to use local companies’ expertise wherever possible.
 
“It was essential that we appointed lawyers who understood and were experienced in the conversion process to work with us. BHP were fantastic. They were more than legal advisors; they were also a huge moral support and absolutely key in helping us achieve conversion on time.”
 
* David Lucas can be contacted at BHP Law on 01642 672770.

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