Decision details

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 Albright Education Centre, Tipton Learning Campus, Alexandra Road, Tipton on site plan “albright centre” (final site plan will be submitted with sealing paperwork), will remain with Sandwell Council. Upon completion a lease will be granted to the Shireland Collegiate Academy Trust.

The former Tipton Family Nursery that was located in part of the building closed in April 2023. Early Years and Children’s Services no longer require a nursery provision in that area. At the March 2023 Land and Asset Management Officers meeting no other department expressed an interest in the accommodation.

Inclusive Learning Services has agreed to fund refurbishment works on the former nursery areas from the

A Commercial Transfer Agreement will also be required to transfer accounts, Facilities Management liabilities 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 Albright Education Centre 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.

(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 Albright Education Centre, Tipton Learning Campus, Alexandra Road, Tipton including the former nursery 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.

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 September 2023.

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.