7. Compliance

Guidance for boards on how to meet their legal and regulatory responsibilities with regards to compliance.

Overview

This section covers information, guidance and resources to help the board understand their duties in more detail. This is not intended to be a complete list of duties or responsibilities.

The board is responsible for ensuring legal and regulatory compliance across a range of areas, including but not limited to:

Responsibilities on how boards of trusts must operate will be set out in:

Find out more about statutory guidance for schools.

For further information see:

7.1 Admissions

7.1.1 The school admissions code

The trust is the admission authority and is legally responsible for admissions decisions, such as determining the admission arrangements and making the decision on the allocation of school places.

Trustees should familiarise themselves with all of their responsibilities for their trust under the school admissions code.

This should be read alongside the school admission appeals code guidance.

For further guidance see academy admissions.

16 to 19 academies are not required to comply with the school admissions code, but their admission arrangements do need to be fair, objective and transparent.

7.1.2 Admission appeals

Admission authorities must organise admission appeals in line with the appeals code.

Guidance on admission appeals for school places is available to help admission authorities understand their roles and responsibilities as set out in the appeals code.

Further information on school admissions legislation is available from:

7.2 Attendance

All boards must ensure that academies are:

All boards should:

  • recognise the importance of school attendance and promote it across the school’s ethos and policies
  • regularly review attendance data, discuss, and challenge trends, and help school leaders focus improvement efforts on the individual pupils or cohorts who need it most
  • ensure school staff receive adequate training on attendance
  • be assured that senior leaders are undertaking their responsibilities for children missing education

Information on the expectations of trust boards is set out in the working together to improve school attendance guidance.

Boards must be aware of the advice in keeping children safe in education on children who are absent from school and children missing education.

7.2.1 Parenting measures

If a pupil’s behaviour or attendance at school becomes problematic and previous support measures have not worked, boards and local authorities can:

  • use parenting contracts
  • apply for parenting orders or education supervision orders through the Anti-social Behaviour Act 2003
  • prosecute for absence (for cases of attendance)

7.3 Complaints

7.3.1 Complaints procedures

There must be a procedure to deal with complaints from parents and carers (16 to 19 academies are exempt).

This must comply with the Education (Independent School Standards) Regulations 2014.

Trusts should also respond to complaints from individuals who are not parents.

The complaints procedure must be available on request. We recommend this is published online. Read setting up an academy complaints procedure.

16 to 19 academies should have a procedure that is clear and accessible to deal with complaints from learners, parents, authorised representatives, and others.

7.3.2 Complaints to the department

Anyone can complain to the Secretary of State for Education about an academy in England.

The department handles complaints about academies on behalf of the Secretary of State for Education, in line with the trust’s funding agreement.

Complain about a school has information about the role of the Secretary of State for Education and the department in the complaints process.

DfE also deals with whistleblowing disclosures about academies. See section 7.18 for further guidance regarding whistleblowing.

7.3.3 Complaints to Ofsted

By law, and in certain circumstances, Ofsted may investigate complaints from parents about their child’s academy to decide whether to use its inspection powers.

Ofsted’s only power regarding a qualifying complaint is to determine if a school inspection is needed. It cannot investigate individual issues. Qualifying complaints are shared with the lead inspector as part of the evidence base for inspections.

If requested, boards must* provide relevant information to Ofsted about complaints from parents of pupils at the school. If Ofsted needs to meet parents to consider a qualifying complaint, the board **must work with Ofsted to:

  • arrange a meeting date
  • notify parents

A board representative can attend the meeting.

If Ofsted prepares a report on a complaint from parents at the school, it must be passed to the board, who must send a copy to all registered parents if requested to do so by Ofsted.

For further information see the complaints procedure guidance.

7.4 Education

7.4.1 Children with special educational needs and disabilities (SEND)

Boards have legal duties in relation to pupils with SEN and disabilities that are set out in the Children and Families Act 2014 and the Special Educational Needs and Disability Regulations 2014 and must, in exercising their functions under part 3 of the act, have regard to the SEND Code of Practice. This includes ensuring that a teacher or headteacher is designated as the special educational needs coordinator (SENCO).

Boards must also meet these requirements by virtue of their funding agreement. 

The SEND Code of Practice sets out an expectation that there should be a trustee  or a sub-committee member with specific oversight of the school’s arrangements for SEND.

7.4.2 Looked-after and previously looked-after children

Boards must appoint a designated staff member to support the educational achievement of looked-after and previously looked-after children.

This duty is covered by the trust’s Funding Agreement and the Academies Act 2010, section 2e.

Find out more from:

7.5 Funding and finances

7.5.1 School funding

Every year the department uses the schools National Funding Formula (NFF) to distribute core funding for 5 to 16-year-old pupils (Reception to Year 11) in mainstream state-funded schools in England.

There are separate formulas for:

  • sixth form
  • high needs
  • early years funding

The schools NFF allocates funding primarily based on pupil numbers and pupil characteristics, including additional funding for deprived pupils and pupils with low prior attainment. Schools also receive funding which does not change with pupil numbers, such as lump sum contributions to fixed costs. 

The dedicated schools grant and the general annual grant

The schools NFF determines how much funding is allocated to each local authority through the dedicated schools grant (DSG).

Each local authority then sets its own local formula to distribute their DSG allocations among schools within its local area.  

This local formula:

  • determines the final allocations for maintained schools which the department then uses to fund academies in the same local authority
  • ensures that maintained schools and academies are treated similarly in terms of their funding.

Trusts receive their funding from the DSG in the form of the general annual grant allocation (GAG), which is allocated on an academic year basis. This constitutes the majority of funding received by academies. The department uses the relevant local authority’s formula in its determination of GAG funding for each academy. 

Teachers’ pay additional grant (TPAG) 

In both financial year 2023 to 2024, and 2024 to 2025, mainstream schools were allocated additional funding through the teachers’ pay additional grant (TPAG). This funding was allocated to support schools with the September 2023 teachers’ pay award.        

Academies will continue to receive grant funding for the period April to August 2025 because they are funded on an academic year. TPAG for academies will be incorporated into GAG funding from September 2025.

Teachers’ pension employer contribution grant (TPECG)  

In financial year 2024 to 2025, mainstream schools were allocated funding through the teachers’ pension employer contribution grant (TPECG). This funding was provided to support schools with increases to teacher pensions contributions from April 2024.

Academies will continue to receive grant funding for the period April to August 2025 because they are funded on an academic year. TPECG for academies will be incorporated into GAG funding from September 2025.

Core schools budget grant (CSBG)

In financial year 2024 to 2025, mainstream schools were allocated funding through the core schools budget grant (CSBG). This funding was provided to support schools with overall costs, including the 2024 teachers’ pay award and support staff pay award.

Academies will continue to receive grant funding for the period April to August 2025 because they are funded on an academic year. CSBG funding for academies will be incorporated into GAG funding from September 2025.

National Insurance contributions (NICs) grant

In financial year 2025 to 2026, mainstream schools are being allocated funding through the National Insurance contributions (NICs) grant. This funding is being provided to support schools with the increases in employer National Insurance contributions from April 2025.

Mainstream schools with eligible specialist SEN units or resource provision (SURPs) will receive additional funding through the NICs grant, on top of their mainstream allocation, to support the higher staffing costs that schools with SURPs typically face.

Academies will receive funding for financial year 2025 to 2026 (April 2025 to March 2026). Academies will continue to receive funding to cover the period April 2026 to August 2026 given their funding cycle follows the academic year. NICs funding will be incorporated into GAG funding from September 2026. 

Pupil premium

The pupil premium grant   is funding to improve educational outcomes for disadvantaged pupils in state-funded schools in England.

School leaders must adhere to the conditions of grant, published annually, for pupil premium.

Further information on the ‘menu of approaches’ and how schools should use their pupil premium is available in our using pupil premium: guidance for school leaders and in the Education Endowment Foundation’s (EEF’s) guide to using pupil premium.

As part of their grant conditions, boards will scrutinise a school’s pupil premium strategy statement and discuss the rationale for pupil premium spending with senior leaders. They will need to consider pupil needs and high-quality evidence as part of its decisions. Boards discuss with the senior leadership team how they will:

  • monitor the progress of eligible pupils
  • evaluate and sustain the impact of their strategies

PE and sport premium

Trusts are accountable for how they use allocated PE and sport premium funding. The funding must be spent for the purpose it was provided – to make additional and sustainable improvements to the PE, sport and physical activity offered.

Details of what the funding cannot be used for is included in the guidance. This includes, but is not limited to, teaching the minimum requirements of the national curriculum or capital expenditure. 

As part of their role, the board should monitor:

  • how the funding is being spent
  • how it fits into school improvement plans
  • the impact it is having on pupils

The chair must sign off the school’s digital reporting form return detailing how the school has used its PE and sport premium allocation. If the school chooses to publish its own prepared report rather than a downloaded copy of its digital form return, the report should be signed off by the chair prior to its publication.

16 to 19 funding

Funding for 16- to 19-year-olds is allocated by DfE through separate arrangements. Basic funding is calculated using the 16 to 19 Funding Formula.

Find out more about how 16 to 19 funding works.

7.5.2 Charging for school activities

Trusts must comply with the law on charging for school activities, set out in part 6, chapter 3 of the Education Act 1996, as per their funding agreement. The department has published guidance on charging for school activities  to help academies develop their charging and remission policy.

7.6 Health and safety

The employer is responsible for the health and safety of employees, pupils and visitors in workplaces, as set in the Health and Safety at Work Act 1974.

For academies, the trust is the employer. As an employer, the trust has a legal duty of care to:

  • ensure they, in so far as reasonably practicable, protect the health, safety and welfare of their employees
  • ensure, in so far as reasonably practicable, that non-employees are not exposed to risks in their health and safety

Boards must regularly monitor and review their health and safety policies to ensure risks are managed if full removal is not reasonably practicable.

Boards need to seek assurance that where there are potential health and safety risks:

  • appropriate corrective action is being taken
  • learning is being shared
  • improvements are being put in place

Regulation 6 of The School Premises (England) Regulations 2012 requires that school premises and the accommodation and facilities provided must be kept up to a standard where as much as is reasonably possible, the health, safety and welfare of pupils is guaranteed.

Guidance on health and safety: responsibilities and duties for schools outlines how the law affects governing bodies, executive leaders and other school staff.

7.7 Inspections

7.7.1. Ofsted academy inspections

Ofsted’s school inspection handbook provides details of state-funded school inspections and monitoring, including how:

  • trustees are involved
  • effective governance is assessed and reported

Handbooks and frameworks that cover other settings are also available.

Ofsted considers responses to its Parent View survey and boards can access the Parent View: toolkit for schools for more information.

When an academy is notified of a graded inspection, the board must take reasonable steps to notify parents of registered pupils and other prescribed persons. This is set out in The Education Act, 2005, section 6.

When it receives the final report, the board must:

  • send all parents a copy within 5 working days
  • provide a copy to any member of the public who requests it, at reasonable times and places
  • publish details on a website of how to access the report, for example by linking to the school’s report on the Ofsted website
  • consider translating the report into other languages where appropriate

This is in accordance with the Education Act 2005, sections 14 and 16 (which applies to academies through clauses in funding agreements).

For further details, read The Education (School Inspection) (England) Regulations 2005 (regulation 6).

7.7.2 Inspections in academies with a religious character

If an academy school has a religious character, academy trusts must ensure that the quality of religious education and the content of collective worship are inspected. These are conducted in addition to Ofsted inspections. 

The board is responsible for ensuring that these inspections take place within the time periods set out in The Education (School Inspection) (England) Regulations 2005.

The board is also responsible for contractual arrangements and fees. A grant is available towards the cost of the inspection. Generally, faith groups manage the process for claiming this, however an academy trust can claim the grant directly if they organise the inspection themselves.

Choosing an inspector

When choosing an inspector, the board must consult the relevant bodies, depending on the school designation (see The Education (School Inspection) (England) Regulations 2005, regulation 9).

The report

Inspectors must prepare a report and send it to the school within 15 working days from the end of the inspection for factual checking. 

When a board receives the final report, it must:

  • make reasonable arrangements for the public to inspect the report
  • ensure that every parent of a registered pupil where the school provides denominational education, or who takes part in acts of collective worship as inspected, receive a copy of the report as soon as is reasonably practicable
  • provide a copy to anyone who asks for it

More details about the report and legislations surrounding it are available in:

7.8 Political impartiality

All boards and headteachers must not allow the promotion of one-sided political views as set out in part 2 of the schedule to the Education (Independent School Standards) Regulations 2014. This applies both to the teaching of any subject and to extra-curricular activities at the school. Where political issues are covered, opposing views must be presented in a balanced way.

The board should actively promote staff awareness of the statutory requirements and relevant information, including guidance on political impartiality in schools.

7.9 Protecting and sharing information

7.9.1 Data protection and retention

Trusts must comply with data protection legislation and handling personal data in line with it, for example:

  • providing a statement or privacy notice to individuals whose personal data is being processed or held
  • responding to requests for personal data or subject access requests within one calendar month

This is in accordance with the Data Protection Act (DPA) 2018 and UK General Data Protection Regulations (GDPR).

Boards must retain all records and documentation in line with regulations and retention guidelines. See the academy trust handbook and DfE guidance on record keeping and management.

The Information Commissioner’s Office (ICO) has published resources on UK GDPR, including guidance about accountability and governance.

Guidance on data protection in schools and DfE’s record keeping and retention information for academies provides further information.

7.9.2 Freedom of Information

The board is responsible for ensuring the trust complies with the Freedom of Information Act 2000 (FOIA). There must be a freedom of information (FOI) publication scheme in place.

Boards should make sure that all staff members are aware of the FOIA and how requests for information are handled by the trust. They may choose to charge a fee to cover some costs, which must be calculated according to the FOI and Data Protection (Appropriate Limits and Fees) Regulations 2004.

Trusts must respond to an FOI request within 20 working days of receipt (not including school holidays) or within 60 working days following the date of receipt including holidays, whichever is shorter (ICO guidance section 10).

Further guidance on freedom of information is available.

7.9.3 Cyber security

The board needs to understand the considerable damage cyber security attacks can cause to their trust. At least one trustee should complete the cyber security training.

The ability to predict, prevent and respond to cyber threats, is vital in protecting the trust’s information technology (IT) and online services and the large amounts of sensitive personal data it holds.

The board will seek assurances from senior leaders that the trust is adequately prepared if a cyber incident occurs and that as trustees, they are aware of cyber risks.

Further guidance about meeting digital and technology standards in schools and colleges is available.

The National Cyber Security Centre has also published some questions for governors and trustees.

Guidance to help boards support school leaders in keeping children safe online has been developed. This should be read alongside the statutory guidance keeping children safe in education.

7.10 Safeguarding and pupil welfare

Trust boards have a duty to ensure that they:

  • carry out their functions with a view to safeguarding and promoting the welfare of children
  • have regard to the statutory guidance issued by the Secretary of State for Education relating to arrangements required to fulfil their safeguarding duties

This is outlined in section 175 of the Education Act 2002 (for 16 to 19 academies) and the Education (Independent School Standards) Regulations 2014.

Boards have a strategic leadership responsibility for their school’s safeguarding arrangements. They must:

  • comply with their duties under legislation
  • have regard to keeping children safe in education
  • ensure that policies, procedures and training in their schools are effective and comply with the law at all times

Trustees and local governors should ensure they have regard to this guidance.

7.10.1 The Prevent duty

Under the Counter-Terrorism and Security Act 2015, all trusts are subject to the Prevent duty. They must have due regard to:

All trusts should ensure staff receive training to identify children at risk and have a process in place to make a referral to Prevent if a concern is identified.

7.10.2 Pupil health and wellbeing

Trusts have a statutory duty to promote wellbeing through part 8 of the Education (Independent School Standards) Regulations 2014.

The statutory obligations of schools in relation to pupil mental health and wellbeing are covered principally by wider duties including:

  • the curriculum
  • behaviour
  • medical conditions (see ‘supporting pupils with medical conditions’)
  • safeguarding

Statutory guidance on these issues sets out how mental health should be factored in, for example:

To meet these statutory responsibilities, schools should ensure they have clear systems and processes in place for:

  • early intervention
  • identification of possible mental health problems
  • referrals to experienced skilled professionals
  • clear accountability

Further non-statutory guidance promoting children and young people’s mental health and wellbeing is available.

Nutrition

The trust board must ensure the school food standards are being met and should encourage their schools to have a whole school approach to healthy eating.

School food: guidance for governors provides further guidance on the role of the trust board in school food and supporting the school to meet the school food standards.

7.10.3 Supporting pupils in school with medical conditions

Trust boards (except 16 to 19 academies) must ensure arrangements are in place to support pupils with medical conditions.     

The trust board should ensure that all schools develop a policy for supporting pupils with medical conditions that is reviewed regularly and is readily accessible to parents and school staff. In developing their policy, schools may wish to seek advice from any relevant healthcare professional.

The trust board must ensure that the arrangements they put in place are sufficient to meet their statutory responsibilities and should ensure that policies, plans, procedures and systems are properly and effectively implemented.

There should be a named person who has overall responsibility for policy implementation. 

The  school’s arrangements should:

  • show an understanding of how medical conditions impact on a child’s ability to learn
  • increase confidence
  • promote self-care
  • take into account that many of the medical conditions that require support at school will affect quality of life and may be life-threatening

The trust board should ensure that:

  • sufficient staff have received suitable training and are competent before they take on responsibility to support children with medical conditions
  • any members of school staff who provide support to pupils with medical conditions are able to access information and other teaching support materials as needed

Supporting pupils with medical conditions at school has guidance to help boards meet their legal responsibilities and sets out the arrangements they are expected to make, based on good practice.

7.11 Pupil behaviour

A trust must promote good behaviour among pupils by:

  • implementing a written behaviour policy
  • keeping a record of the sanctions imposed upon pupils for serious misbehaviour
  • using an anti-bullying strategy to help prevent bullying

We encourage academies to publish their behaviour policy on their website.

The following guidance is available:

The requirements for 16 to 19 academies differ and the trust will have a student behaviour policy in place

7.11.1 Directing pupils off-site to improve their behaviour

The legislation for directing a pupil off-site does not apply to academies. However, an academy can arrange off-site provision for such purposes (see school suspensions and permanent exclusions guidance (part 4).

7.11.2 Suspending or permanently excluding pupils   

Behaviour sanctions such as suspension or permanent exclusion must follow the statutory guidance: school suspensions and permanent exclusions. The guidance also provides information for trust boards on their legal duties in relation to suspensions and permanent exclusions which they must carry out.

7.12 Schools causing concern

The support and intervention in schools guidance sets out that regional directors may intervene in relation underperforming academies.

Regional directors have the power to issue termination warning notices in relation to academies causing concern.

Failure to comply with a termination warning notice may lead to the termination of the academy’s funding agreement and the academy being transferred to a new trust, or in exceptional circumstances the closure of the academy.

Regional directors and the department may also issue a notice to improve to a trust where there are concerns about financial management and governance at trust level.

7.13 School day and school year

Trusts (except for special academies) set their school day, including session times, breaks and term dates. Special academies are subject to the requirements in the Education (School Day and School Year) (England) Regulations 1999, which state that schools must open for at least 380 sessions (190 days) during any school year.

The ‘school year’ means the period beginning with the first day of term after July.

The government has set out a non-statutory expectation that all mainstream, state-funded schools should deliver a minimum school week of 32.5 hours by September 2024, at the latest. Guidance to support schools that are not yet meeting the minimum expectation is available.

The board is responsible for the length and structure of the school day and week. In a multi-academy trust (MAT), this may be delegated to a local committee in accordance with the trust’s scheme of delegation.

Any final decisions about changes to the length of the school week should be taken in conjunction with the school’s senior leadership team.

7.14 Management of academy premises

7.14.1 Ownership of land and buildings

Boards need to understand the circumstances of their trust, including who owns the land the trust uses and the basis for this. They will need to know:

  • the history of the academy – including any arrangements made when it was set up or when the school converted to become an academy
  • any previous change of category or change in the academy’s location or size that involved relocation or expansion onto new land
  • how the land is held for the purposes of the academy or used by the academy
  • any existing arrangements allowing others to use the academy’s land

7.14.2 Disposal and protection of public and publicly funded land

Disposal of land includes:

  • sales
  • leases
  • change of use, in some circumstances

Under the terms of their funding agreement, trusts may need to involve the Secretary of State for Education if:

  • they want to dispose of any public or publicly funded land under schedule 1 of the Academies Act 2010
  • they have a lease of land direct from the Secretary of State for Education – this land is not directly caught under the statute, but the lease and funding agreement together would require consent for a disposal in a similar way

Find out whether you need to involve the Secretary of State for Education when you submit a school land transaction proposal.

7.14.3 Estate management

We expect academies and responsible bodies to manage their trust estate strategically and maintain their estate in a safe working condition. This includes complying with statutory duties to ensure the health and safety of building occupants.

Boards must ensure that buildings:

  • provide a safe environment for children, staff and visitors
  • comply with all relevant regulations, including, but not limited to:
    • health and safety
    • fire safety
    • the control and management of asbestos

Boards should also ensure that:

  • they are aware of and apply other relevant guidance
  • academies have up to date information about the condition of their buildings and a prioritised plan for managing them

Developments at an academy must follow normal planning controls.

Good estate management for schools includes guidance on developing an estate strategy and asset management plan, prioritising maintenance and health and safety compliance. It also has tools and checklists to help manage estates effectively and a top 10 estates check for boards.

You can also find out more from:

7.14.4 Asbestos in trusts

Trusts and responsible bodies have a duty to manage asbestos in their academies effectively, in compliance with the Control of Asbestos Regulations 2012.

Managing asbestos in your school or college helps schools and responsible bodies understand their duties in relation to asbestos management.

The Health and Safety Executive (HSE) have the following resources available:

7.14.5 Funding for capital investment

Academy trusts condition 

Trusts’ revenue budgets will typically fund:

  • day-to-day maintenance
  • checks and minor repairs to buildings

Those responsible for the trust’s buildings also have access to capital funding through different routes, depending on their size and type. The funding should be used to keep buildings and grounds safe and in good working order by:

  • tackling buildings in poor condition
  • ensuring compliance with regulations
  • addressing health and safety issues
  • improving environmental sustainability

Types of capital funding available for schools include:

  • school condition allocations (SCA) which local authorities and larger voluntary-aided school bodies receive to improve the condition of the schools they are responsible for
  • the condition improvement fund (CIF) which is open for bids each year for sixth-form colleges and smaller voluntary-aided school bodies who are not eligible for SCA
  • devolved formula capital (DFC) which is allocated directly for individual schools to spend on capital projects that meet their own priorities
  • basic need allocations to support local authorities to meet their statutory duty to provide sufficient school places
  • high needs provision capital allocations to adapt classrooms to be more accessible for children with SEND, create specialist facilities within mainstream schools, alongside continuing to provide places in special schools to support pupils with the most complex needs

7.15 Control and community use of academy premises

7.15.1 Day-to-day control of academy trust premises

Trusts tend to have practical day-to-day responsibility for their site. However, they do not have statutory control over use of their premises, or statutory powers to provide community facilities or services.

To determine their powers around control over the use of their premises, trusts must refer to:

  • the terms on which academies occupy their site
  • the wording of the funding agreement and academy trust handbook
  • the church supplemental agreement (if applicable)

Many trusts can agree casual use or short-term lettings in the same way as maintained schools. This may be subject to how land is held, particularly when it is held by others on restricted trusts.

However, trusts can only grant longer-term leases or licences if:

  • they have a freehold or leasehold interest in the land
  • any lease permits sub-leases or licences
  • they obtain the necessary consent from the Secretary of State for Education

Where trusts are occupying land owned by charitable sites trustees (for example, in most church academies), only the charitable site trustees that own the land and assets can lease the premises or grant licences to others.

Trusts must consult with the charitable site trustees that own the land and assets about providing community services and facilities, to ensure these fall within the site trust’s purposes.

For arrangements that would be carried out under Transfer of Control Agreements in maintained schools, once agreed between the charitable site trustees who hold the land and the academy trust, it must be the charitable site trustees that carry these out.

The academy trust should use the academy trust handbook and Submit a school land transaction proposal  to find out when consent is required to:

  • dispose of or acquire land
  • grant or take on leases and joint use agreements

The charitable site trustees may require consent, dependent on the origin of their site. If unsure, they can follow Submit a school land transaction proposal.

7.15.2 Using premises for charitable purposes requirement

Trusts’ articles of association will govern the extent to which trusts are able to enter into contracts to provide facilities or services that will further any ‘charitable purpose’ for the benefit of pupils at their academy, families, or the local community.

Trusts whose academies occupy land held on trust must consult with, and obtain the consent of, any charitable site trustees who own the land and asset. This is to ensure that the intended activities are consistent with the charitable purposes of their trust.

7.15.3 Using premises for extended activities and community services

Trusts may also be able to generate a revenue stream from activities such as:

  • providing extended activities and community services
  • renting or letting facilities to voluntary groups
  • letting buildings to private nurseries
  • before and after-school clubs
  • adult education
  • breakfast clubs
  • childcare outside of school hours, including holiday care
  • sport and youth clubs

However, trusts will need to refer to the way in which they hold their land, and any restrictions contained in relevant leases or agreements.

Where the academy occupies land held by charitable site trustees, those trustees will need to agree that any extended activity or community services and use of any revenue that is generated, are in keeping with the terms of the trust on which the land is held.

When making decisions about extended activities and community services, academy trusts should ensure that:

7.15.4 Provision of childcare and other community services

Some providers of activities, tuition, or other community services for children, known as out-of-school settings, are not regulated under education or childcare law.

These providers can include external sports and youth clubs, private tutors, and supplementary schools. Where these providers are using academy sites, the proprietor should ensure that:

Trusts may follow the significant change process to:

  • change the age range of the academy
  • run extended services and provide childcare
  • run nurseries and children’s centres

This may require a change to the trust’s articles of association. Trusts would need to contact DfE for further advice on this.

The 3 possible arrangements that allow trusts to operate a nursery on their premises are:

  • direct nursery provision as a charitable activity within the academy’s objects
  • nursery provision through a wholly owned subsidiary company of the academy trust
  • contracting out nursery provision to an independent provider – this may or may not be a charity, and trustees may have an interest in this

The academy trust, its board and the local authority and other relevant bodies such as charitable trusts (if applicable) are required to:

  • work collaboratively together
  • use their powers for the benefit of the school, local community and charitable objects

Any rental or profit generated from the land or assets must be used in accordance with the terms of the trust on which the land is held.

Responding to requests for wraparound childcare has information on how to respond to requests from parents and childcare providers about wraparound and holiday childcare.

Trusts must ensure that:

7.16 School uniform

Boards decide whether there should be a school uniform and other rules relating to pupils’ appearance. The guidance on school uniform and related policies has more information.

Boards must follow DfE’s statutory guidance on the cost of school uniforms when developing and implementing their uniform policies.

7.17 Staffing

7.17.1 Staff employment

Boards are responsible for:

  • the appointment, conduct, suspension and dismissal of staff
  • complying with the Equality Act 2010

DfE’s Equality Act 2010: advice for schools help schools understand how the Equality Act affects them and how to fulfil their duties under the act.

You can also find out more from:

Trusts can decide which functions they delegate in line with their funding agreement. They must record this within their scheme of delegation.

7.17.2 Pay and conditions of service

Trusts can set their own pay and conditions of service for teachers and support staff.

Where a maintained school converts to an academy, the existing terms and conditions of service of teachers and support staff are protected under The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

The statutory guidance on school teachers pay and conditions or The National Joint Council for Staff in Sixth Form Colleges pay and conditions handbook will remain relevant to any teachers whose contract has not been renegotiated.

7.18 Whistleblowing

Trusts must have procedures in place for whistleblowing. The board must also :

  • agree the whistleblowing procedure and publish it on the trust’s website
  • ensure all staff are aware of the whistleblowing process and how concerns will be managed
  • ensure all concerns raised by whistleblowers are responded to properly and fairly

Guidance on whistleblowing for employees is available.

Protect provide free, confidential whistleblowing advice to organisations and employees.

For further guidance regarding disclosures visit Blowing the whistle to the Department for Education.