Decision details
Statutory Leasehold Transfer and Commercial Transfer Agreement for Academy conversion of Moat Farm Infant School, Brooksfields Road, Oldbury
Decision Maker: Director Children and Education, Director Law and Governance
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
Further to the Cabinet Member for Children and
Families report, “Academy, Trust and Free Schools”,
submitted on 21 October 2010 (Decision No. 18/10 refers), governing
bodies can apply for the new style academy status under the
Academies Act 2010.
The freehold of the site known as Moat Farm Infant School,
Brooksfield Road, Oldbury on site plan “moat farm inf academy
draft 0323 v2”, will remain with Sandwell Council. Upon
completion a lease will be granted to the Stour Vale Academy
Trust.
A Commercial Transfer Agreement will also be required to transfer
accounts and staff to the new academy Trust.
To record that the Authority requested to proceed with an
instruction to the Director – Monitoring Officer, is in
accordance with the Scheme of Delegation to Chief Officers, and
will be conducted in accordance with the council’s standard
procedures for the award of a lease to a new Convertor
Academy.
The Local Authority received an academy order from the Regional
Schools Commissioner dated 23 February 2023 confirming he has
agreed Moat Farm Infant School will become an academy. On the
conversion date Sandwell Metropolitan Borough Council shall cease
to maintain the school.
The school will have to complete the process of the Transfer of
Undertakings (Protection of Employment) Regulations 1981 (TUPE) to
transfer staff to the academy trust.
Sandwell Land and Property Limited is being wound up, with a
freehold reversion to the Authority.
Decision:
(1) That approval be given to the Director for
Children and Education authorises this report as an instruction to
the Director – Monitoring Officer under the Scheme of
Delegation to Chief Officers, to grant a lease of the land known as
Moat Farm Infant School, Brooksfield Road, Oldbury and complete a
Commercial Transfer Agreement as per the statutory obligation
placed upon the Council under Schedule 14 of the Education Act
2011; and
(2) That the Director – Monitoring Officer approves this
report to confirm delegated authority to complete, sign and seal
all documents necessary to give effect to the transfer of land and
premises and a Commercial Transfer Agreement pursuant to a
statutory obligation placed upon the Council.
Reasons for the decision:
Schedule 14 of the Education Act 2011 includes
the transfer scheme for academy schools. Any land the council holds
for the purposes of the converting school will normally be leased
to the academy trust on a 125 year lease for a peppercorn
rent.
The LA received an Academy Order from the Department of Education
in February 2023. Conversion is scheduled for 1st June
2023.
Alternative options considered:
This is a statutory obligation placed on the
Local Authority under Schedule 14 of the Education Act 2011 to
lease any land held by the council to the Academy Trust. No
alternative option is available.
Publication date: 26/06/2023
Date of decision: 30/05/2023