No. As much or as little as you wish to take on in the sense that most schools prioritise the areas they wish to review and deal with them in that order. Our experience is that governors take the opportunity of trust or foundation status to review their role in relation to their school and in particular appreciate the increased independence to determine the future direction of the school. Many governing bodies find that the impetus of becoming a foundation school enables them to and focus agendas and meetings more directly on to school improvement and strategic issues. The governing body can control its own workload more effectively as the need to respond to every LA directive is removed and there is no requirement to have a LA clerk which means that the governing body can determine the agenda.
Yes. A Trust school is a foundation school with a charitable foundation. A Trust school adopts what is known as incorporated charity status. Any community school can change character to a foundation school without becoming an incorporated charity and adopting trust status.
It doesn’t need to and can often free schools to better work with stakeholders. Our experience is that governors feel more comfortable with pursuing an active relationship with the local community with regard to lettings for example, as the school is in a better position to respond to the needs of other groups.
It is the governors of the school who make the decision to change the character of the school to either trust or foundation. The capacity of governors can be enhanced by using the Trust and Foundation Schools Partnership grant to buy in support to enable the change of character to take place. Once you have changed your character then it is possible to enter into arrangements with other primary schools and/or secondary/special schools to deliver initiatives and services together.
It could be that the governors wish to harness local capacity and engage with their partners/local community in a way that builds the capacity of the governing body. It may also be the case that partners may learn from the expertise of your existing governors, leadership teams and colleagues. There are no specified skills or behaviours required for governance in a trust or foundation school that are different to those required for good governance in any school.
No. A foundations school may set its own holiday dates though it may want to consider the dates of schools in the area so that families with children who attend different schools may have some consistency in respect of term time.
Yes. Good financial practice is required and the benefits of an external audit even on an annual cycle may be a decision the governors take to supplement the audit programme of their LA. The FMSiS accreditation remains applicable to all secondary schools and is desirable for others.
This is true but subject to the implications of granting the LA ‘advisory rights’. If the governors agree to grant advisory rights to the LA then they have the right to be present throughout the whole of the appointment process. Further information about this can be found in the 'Governors guide to the law'. The requirement to publish advertisements for headteachers and deputy heads nationally still exists.
Trust and foundation status currently allows governors and leadership teams greater flexibility to determine the roles, responsibilities and salaries of none teaching staff. The trust or foundation school adopts what is referred to as ‘single employer status’. The governors must therefore ensure that all staff employed by the school are paid according to a published structure that ensures equity within the single establishment (even if the trust school has other schools as its partners). Members of staff must be paid a similar salary for similar roles within the foundation school or within each constituent school in the trust, not across the entire trust or in line with local authority pay scales. This provides schools with greater flexibility to respond to their local circumstances and the nature of the local job market.
Yes. On the same calendar as a community school. The budget forecast for your school will continue to be published for your school according to the local authority timetable agreed by your schools forum. The schools forum will continue to be responsible for making decisions about budget allocations according to the locally agreed funding formula because you are still a maintained school. Each local authority will have its own timetable for devolving funding but as a trust or foundation schools it is possible to negotiate and agree alternative arrangements.
It is possible to sell surplus land subject to Secretary of State’s approval and the cooperation of your LA. However foundation schools must adhere to published procedures on this matter.
There is no change in the way in which a school receives capital funding. Schools still receive the formula capital amount depending on the size and type of school and retain access to funds for health and safety related work through the LA.
The local authority does have a statutory duty to treat all maintained schools equally regardless of the type of school. This means that all schools have access to funds retained by the LA for any capital projects over the authorities ‘de minimus’ limit and be included in any PFI bid the LA is preparing. This also means that foundation schools must be included in the development of the local asset management plan.
It means that the governors have the opportunity to determine the schools admission policy and arrange admission appeal panels. Special schools may be able to have a greater influence on their admission policy.
In any coordinated admission process your school must be kept fully informed and agree changes to the ranked order of admissions and waiting list movements if that is an LA responsibility in the coordinated scheme.
If you decide to organise your own admission appeal process you must still adhere to the Admissions Code of Practice but a school representative can presents the school’s case and may do this more effectively than an LA person.
It’s true that there is some additional administrative work which needs to be done in school but you may decide that this is worth it. The information about potential entrants is very useful. Also, if the school is oversubscribed the governors admission committee must meet to agree the final list of offers but that this is not a burdensome meeting.
Yes. The governing body has the legal responsibility for health and safety issues.
Health and safety is about having good risk assessment strategies and management procedures for minimising risk. Governing bodies need to ensure that staff induction procedures include information about how health and safety matters are managed and what each individual’s responsibility is. All schools, irrespective of the character have policies which relate to national guidelines where these exist, for example in the management of school visits. It is good practice to have a health and safety committee with representatives from all areas of the school community including governors, which reports to a committee of the governing body to raise awareness within the school and ensure that risks are identified and appropriately managed.
No. If you decide to become a trust school either by setting up your own trust or by joining an existing trust then it is true that the land and buildings transfer to the trust. However, as an individual school you still have the day to day management and financial responsibilities for them.
No. As the employer governors need to comply with STPCD (School Teachers’ Pay and Conditions Document) with regard to terms and conditions of teachers’ employment. The transfer of employment for all staff in a school now takes place under Education Regulations paragraphs 29 to 32 of Schedule 1 to the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 rather than TUPE regulations. The effect of these provisions is still to protect an individual’s employment rights on transfer. Any agreements entered into by the LA before this date, in respect of an individual’s terms and contract of employment (including pension arrangements) must therefore be honored by the new employer.