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 type: Non-key
Decision status: Recommendations Approved
Notice of proposed decision first published: 26/06/2023
Decision due: 30 May 2023 by Director Children and Education, Director Law and Governance
Contact: Connor Robinson Email: connor1_robinson@sandwell.gov.uk.
Implications: Resources: The employment of staff working at the school will transfer to the academy trust via TUPE. An academy lease will be granted to the academy trust for the site to be held on trust for the purposes of the school. CTA to cover transfer of furniture / equip. to academy If a school has a surplus balance when it converts to academy status, the “Academy Conversions (Transfer of School Surpluses) Regulations 2013” provide that: • the LA must determine and notify the amount of that surplus within four months of the date of conversion; • if that amount is agreed, pay it to the Academy Trust (AT) within one month following the AT’s agreement to the determination; • However, should agreement not be possible, the AT has a right to apply to the Secretary of State (SoS) for a review. This must be done within one month of the determination, giving reasons for the disagreement and an account of what endeavours have been made to reach agreement; • an AT may also make a request for a re