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Weavers School Converting to an Academy in September 2013 Weavers School Academy Conversion_FAQs_FINAL_March13 Frequently Asked Questions Page 1 of 15 Frequently Asked Questions 1. Weavers School Specific.................................................................................................. 3 1.1 Why is Weavers School converting to an Academy?.................................................................. 3 1.2 Who is the sponsor of the proposed Academy? ........................................................................ 3 1.3 What are the Sponsor’s plans for the Academy? ....................................................................... 4 1.4 Will the sponsor benefit financially from the Academy? ........................................................... 4 1.5 Will the Academy deliver the full academic curriculum? ........................................................... 4 1.6 When will the Academy open? ................................................................................................. 4 1.7 How will the Academy’s governing body ensure democratic representation? ........................... 4 1.8 How will the Academy involve parents?.................................................................................... 5 1.9 What assurances will the Academy give to guarantee the terms and conditions of the teaching and support staff? .................................................................................................................... 5 1.10 How will the Academy establish tangible links with other secondary schools? .......................... 5 2 Local Issues..................................................................................................................... 6 2.1 How will admissions be arranged? Is this based on proximity to the Academy? ........................ 6 2.2 How will the Academy project be funded? ................................................................................ 6 2.3 Will the Creative Education Trust be contributing any money towards the Academy? .............. 6 3. The Academy and its facilities ......................................................................................... 7 3.1 What will the age range be at the Academy? ............................................................................ 7 3.2 Will the Academy receive excluded students from other schools? ............................................ 7 3.3 How will the Academy work with children who would potentially be excluded? ....................... 7 3.4 What communication on student performance and behaviour will there be to parents? .......... 7 3.5 How will parents be involved in the Academy? ......................................................................... 7 3.6 How will students with aptitude be further encouraged?.......................................................... 7 4. General questions about Academies ............................................................................... 8 4.1 What is an Academy? ............................................................................................................... 8 4.2 What are the benefits of an Academy? Do they make a difference? ......................................... 8 4.3 Do Academies just select the brightest children? ...................................................................... 8 4.4 Is every child guaranteed a place in their local Academy? ......................................................... 8 4.5 Do Academies ‘select’ children?................................................................................................ 9 4.6 What is fair banding? ................................................................................................................ 9 4.7 Do Academies raise standards by expelling problem children?.................................................. 9 4.8 Do you have to pay to send a child to an Academy?.................................................................. 9 4.9 Do Academies get more funding than other schools? ............................................................... 9 4.10 What subjects do Academies teach? ......................................................................................... 9 4.11 What is an Academy sponsor? .................................................................................................. 9 4.12 Why do Academies need Academy sponsors?......................................................................... 10 4.13 Who approves Academy sponsors? ........................................................................................ 10 4.14 What if an Academy sponsor decides to pull out of an Academy? ........................................... 10 4.15 What happens if the Government is not happy with the Academy sponsor? ........................... 10

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Page 1: FAQ

Weavers School Converting to an Academy in September 2013

Weavers School Academy Conversion_FAQs_FINAL_March13 Frequently Asked Questions Page 1 of 15

Frequently Asked Questions

1. Weavers School Specific.................................................................................................. 3

1.1 Why is Weavers School converting to an Academy?.................................................................. 3

1.2 Who is the sponsor of the proposed Academy? ........................................................................ 3

1.3 What are the Sponsor’s plans for the Academy? ....................................................................... 4

1.4 Will the sponsor benefit financially from the Academy? ........................................................... 4

1.5 Will the Academy deliver the full academic curriculum? ........................................................... 4

1.6 When will the Academy open? ................................................................................................. 4

1.7 How will the Academy’s governing body ensure democratic representation? ........................... 4

1.8 How will the Academy involve parents? .................................................................................... 5

1.9 What assurances will the Academy give to guarantee the terms and conditions of the teaching

and support staff? .................................................................................................................... 5

1.10 How will the Academy establish tangible links with other secondary schools? .......................... 5

2 Local Issues ..................................................................................................................... 6

2.1 How will admissions be arranged? Is this based on proximity to the Academy? ........................ 6

2.2 How will the Academy project be funded? ................................................................................ 6

2.3 Will the Creative Education Trust be contributing any money towards the Academy? .............. 6

3. The Academy and its facilities ......................................................................................... 7

3.1 What will the age range be at the Academy? ............................................................................ 7

3.2 Will the Academy receive excluded students from other schools? ............................................ 7

3.3 How will the Academy work with children who would potentially be excluded? ....................... 7

3.4 What communication on student performance and behaviour will there be to parents? .......... 7

3.5 How will parents be involved in the Academy? ......................................................................... 7

3.6 How will students with aptitude be further encouraged?.......................................................... 7

4. General questions about Academies ............................................................................... 8

4.1 What is an Academy? ............................................................................................................... 8

4.2 What are the benefits of an Academy? Do they make a difference? ......................................... 8

4.3 Do Academies just select the brightest children? ...................................................................... 8

4.4 Is every child guaranteed a place in their local Academy? ......................................................... 8

4.5 Do Academies ‘select’ children?................................................................................................ 9

4.6 What is fair banding? ................................................................................................................ 9

4.7 Do Academies raise standards by expelling problem children?.................................................. 9

4.8 Do you have to pay to send a child to an Academy? .................................................................. 9

4.9 Do Academies get more funding than other schools? ............................................................... 9

4.10 What subjects do Academies teach? ......................................................................................... 9

4.11 What is an Academy sponsor? .................................................................................................. 9

4.12 Why do Academies need Academy sponsors? ......................................................................... 10

4.13 Who approves Academy sponsors? ........................................................................................ 10

4.14 What if an Academy sponsor decides to pull out of an Academy? ........................................... 10

4.15 What happens if the Government is not happy with the Academy sponsor? ........................... 10

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4.16 Do Academies represent the privatisation of education? ........................................................ 10

4.17 Do Academies publish information about their performance? ................................................ 11

4.18 Are the teachers in charge of education at Academies? .......................................................... 11

4.19 Are Academies inspected by Ofsted? ...................................................................................... 11

4.20 Do children need expensive equipment and uniforms to attend Academies? .......................... 11

5. Staff TUPE related Questions

5.1 Can the school alter teachers' pay and conditions?................................................................... 12

5.2 If we become an academy, do we have to take responsibility for pension

arrangements for teachers instead of the local authority (LA)? …………………………………………….. 12

5.3 What about pension arrangements for support staff (Local Government Pension

Scheme)?.................................................................................................................................... 13

5.4 How will the TUPE (TUPE is the Transfer of Undertakings (Protection of Employment)

regulations)) process work, and what specific responsibilities does the school have?.............. 13

5.5 Where school governing bodies are responsible for doing the TUPE (and not the local

authority (LA) what are the statutory requirements? For example, who must be

consulted and how long should consultation last?.................................................................... 14

6. When will public consultation take place?..................................................................... 12

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1. Weavers School Specific

1.1 Why is Weavers School converting to an Academy?

Academies were introduced in 2000 to bring a distinctive approach to school leadership by

drawing on the skills of their sponsors and supporters. They are an integral aspect of the

Government’s strategy to raise education standards in disadvantaged and challenging areas,

aiming to achieve this through innovative approaches to management, governance, teaching

and the curriculum.

As with many schools in Northamptonshire the governing body of Weavers School became

interested in the opportunities to improve learning that becoming an Academy would deliver.

They invited prospective sponsors to present their vision and the Creative Education Trust (CET)

was chosen as the best fit with the school’s ethos.

The Governors and Headteacher believe that working in partnership with CET will help the

school achieve ‘outstanding’ more quickly. This is an opportunity for our school to access

additional resources, specialist support and a wealth of professionals which are not available at

present.

With design at its core, CET Academies ensure that every student is involved in practical

creativity, but also in creative learning across the curriculum – teaching academic subjects in a

creative way and not making a false antithesis between academic and vocational learning.

The proposed new Academy would create an environment where learning is valued, improving

the life-chances of its students, and would result in considerable and far-reaching

improvements for the whole of the local community in a way no other project could. The

support from CET allows the Academy to draw on their extensive experience and expertise.

Academy status also gives the school greater freedom to promote enterprise and innovation.

1.2 Who is the sponsor of the proposed Academy?

The Creative Education Trust was set up in 2010 with support from leaders in the creative

industries, innovation-based businesses and education. The mission of CET is to improve

standards of education and skills for children and young people across the UK, equipping them

to be successful adults in the competitive, globalised world of the future. Weavers School

would be the fifth Academy in the CET ‘family’. There are four opened Academies which are

Abbeyfield School in Northampton and Hagley Park Academy, Fair Oak Academy and Rugeley

Sixth Form Academy, all in Rugeley Staffordshire. Queen Eleanor Primary School in

Northampton and Thistley Hough High School and Harpfield Primary School in Stoke-on-Trent

will also convert to Academy status by this September 2013.

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Sponsors are required to bring a record of success in other enterprises which they are able to

apply to their Academies, and to bring a different and innovative approach in partnership with

experienced school managers.

Sponsors challenge traditional thinking on how schools are run and what they should be like for

students. They seek to make a complete break with cultures of low aspiration which afflict too

many communities and their schools. Sponsors provide commitment, a variety of expertise,

networks of their own and an urgent approach to school transformation.

1.3 What are the Sponsors’ plans for the Academy?

The CET mission is to enable students of all abilities to achieve the highest levels of success in

national tests and exams, and to develop the skills and aptitudes for the workplaces of

tomorrow. At the heart of what CET do is the Creative Education Trust ‘Design Programme’,

which promotes an understanding of the natural and man-made worlds, develops creative,

problem-solving, technical and entrepreneurial skills, and provides motivation for students to

engage confidently and successfully with the core academic subjects.

1.4 Will the sponsor benefit financially from the academy?

No. The Creative Education Trust is a charity which has already delivered highly successful

Academies.

1.5 Will the Academy deliver the full Academic curriculum?

Yes, including CET’s ‘Design Programme’ which is intended to promote the engagement of

students with learning and to increase attainment through carefully designed project work

running alongside and complementing work in core subjects such as numeracy and literacy. All

students will be encouraged to aspire to the best of which they are capable, and success will be

celebrated, as they progress to their secondary phase of education.

In the long term, having more flexibility over the curriculum could allow schemes of work to be

developed which are more focused and less bureaucratic or time consuming. CET is committed

to maintaining a balanced curriculum that meets the needs of all students going forward.

1.6 When will the Academy open?

Our intention is to have the school open, as an Academy, in September 2013. This is a short

timescale to get all the work done, but we believe this is the best way forward for the school.

1.7 How will the Academy’s governing body ensure democratic representation?

The Academy will be part of a Charitable Trust, registered with Companies House and the

Charities Commission, and therefore subject to specific legal guidelines. Ultimately, the

Academy Trust will be accountable to the students, parents and community and will act in the

best interests of the school. It is responsible to the Department for Education (DfE) and there

will be local authority representation on the governing body. There will also be parent and staff

representation on the governing body who will be elected by parents and staff respectively.

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1.8 How will the Academy involve parents?

We are open to suggestions on how best to do this. We are already aware of some best

practice from other schools and Academies, e.g. home learning agreements ; access to ICT

equipment at home ; extended services support to parents. Our intention is to treat students

and parents as customers, therefore their views will be paramount on how the relationship will

work.

1.9 What assurances will the Academy give to guarantee the terms and conditions of the

teaching and support staff?

Being a good employer is one of the Sponsors’ strategic aims. We intend to match and even

better the Terms & Conditions to attract good teaching and support staff. The Academy will be

very strong and supportive on performance.

1.10 How will the Academy establish tangible links with the secondary schools?

It is in the Academy’s interest to work closely with the local primary feeder schools and the

other local secondary schools. Improved links with our main feeder primary schools and all

schools within the Wellingborough Education Partnership, will improve the education of those

who are transitioning to Weavers School as well as other secondary schools within the area.

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2 Local Issues

2.1 How will admissions be arranged? Is this based on proximity to the Academy?

The Academy will be a neighbourhood school for children of all abilities. The planned

admissions policy matches the previous school policy that is widespread throughout

Northamptonshire. Preference will be given to students closest to the school.

2.2 How will the Academy project be funded?

The project is currently in the feasibility stage and is funded directly by the Department for

Education. All costs associated with becoming an Academy are funded by the DfE and not the

existing school budget or any funds allocated to student teaching and learning.

2.3 Will the Creative Education Trust be contributing any money towards the build of the

Academy?

The remit of the Creative Education Trust, as sponsor, has never been to contribute financially

to the Academy. Their purpose is to bring the educational direction and support for the school

and deliver the high standards for students that we aspire to in Wellingborough and its

environs.

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3. The Academy and its facilities

3.1 What will the age range be at the Academy?

The Academy will maintain the current intake of 11 to 19 year olds, with a maximum intake

of247.

3.2 Will the Academy receive excluded students from other schools?

The Academy will work with the Local Authority and other schools and we will have an inclusive

approach. We intend to be supportive of all children in the community.

3.3 How will the Academy work with children who would potentially be excluded?

The Academy will seek high standards of attendance and behaviour from students and will also

have a robust inclusion policy. Exclusions will only be used as a last resort after a range of

strategies and interventions have been fully explored. The Academy will not accept behaviour

that causes anxiety and fear to any of its staff or students and we will work closely with local

and external partners to support the Academy and in making it a safe and happy place to work

and learn.

The Academy will establish an Independent Appeal Panel. The Academy will have regard to, and

will ensure that the Independent Appeal Panel has regard to, the Secretary of State’s guidance

on exclusions for maintained schools, in accordance with any written directions from the

Secretary of State on the interpretation of such guidance.

3.4 What communication on student performance and behaviour will there be to parents?

The Academy will value and make communication with parents a high priority. Mechanisms to

ensure there is regular communication between parents and teachers on students’ welfare and

progress will be put in place to achieve this.

3.5 How will parents be involved in the Academy?

As much as possible is the simple answer, where parents become more engaged with their

children’s school the greater the benefits for all concerned. We will establish a partnership

with all parents as this is crucial to the success of the Academy.

3.6 How will students with aptitude be further encouraged?

We will of course set out to achieve excellence for all children including the gifted and talented.

Apart from the excellent teaching which will stretch and challenge them, our enrichment

programme will be a key way of supporting the very able. This programme will be a built in part

of the curriculum, not an 'add on'. Students will have the chance to work in small groups on

their area of talent, often led by outside specialists. The areas we envisage covering will be the

usual ones of sport, music and drama, but also such areas as design, science, maths, debating.

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4. General questions about Academies

4.1 What is an Academy?

Academies are publicly funded independent local schools that provide a first class free

education. They are all ability schools established by sponsors from business, faith or voluntary

groups working with partners from the local community. Academies provide a teaching and

learning environment that is in line with the best in the maintained sector and offer a broad

and balanced curriculum to students of all abilities, focusing especially on one or more subject

areas (specialisms). As well as providing the best opportunities for the most able students and

those needing additional support, academies have a key part to play in the regeneration of

disadvantaged communities. Further information on academies is available on the

Department’s website which can be accessed using the link below. http://www.education.gov.uk/schools/leadership/typesofschools/academies/b00205692/whatisanacademy

4.2 What are the benefits of an Academy? Do they make a difference?

The recent Public Accounts Committee report on Academies has found that Academies have

achieved rapid academic improvements and raised aspirations in some of the most challenging

schools in the most deprived areas of the country. In addition, the latest GCSE results show

that standards in Academies continue to improve faster than the national average.

Attainment levels in academies continue to improve faster than the national average. A

comparison of the average increase in the proportion of pupils achieving five or more GCSEs at

A*-C including English and maths in 2009 and 2010 shows:

• 4.1 percentage points increase nationally; compared to a

• 7.4 percentage points increase for academies

The figure for academies excludes former City Technology Colleges and independent schools.

The increase would be 6.9 percentage points if they are included, so it is still a greater increase

than the national average.

An independent report by the National Audit Office (NAO) published in September 2010 found

that: "Overall, academies have increased the rate of improvement in GCSE results compared

with trends in their predecessor schools, with a clear lift in performance after schools become

academies."

4.3 Do Academies just select the brightest children?

Academies are bound by the same laws as regular schools to cater for children of all abilities,

including children with special educational needs (SEN). Academies certainly do encourage

excellence – and they believe that every child should be allowed to achieve the very best that

they can. Both bright and less academic children flourish in Academies, because teaching can

be tailored to suit each different child’s needs.

4.4 Is every child guaranteed a place in their local Academy?

Children have to apply for a place in an Academy, in the same way that they do for any other

state school. Admissions are fair, and must be in accordance with the School Admissions Code.

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4.5 Do Academies ‘select’ children?

Some Academies (just like some maintained schools) do select a very small percentage of their

students. This tends to happen most at secondary sports Academies which have training

facilities for elite athletes. No Academy can select more than 10% of its students in this way,

and most Academies don’t select at all. There are no plans to introduce selection at Weavers

School.

4.6 What is fair banding?

Fair banding is a system for allocating school places in both Academies and regular maintained

schools. It is only used when a school is over-subscribed. Children take an exam, and according

to the results are placed in an ability ‘band’. Every school that operates fair banding has to take

an equal proportion of children from each band. This means that no school can just cream off

the cleverest children. There are no plans to introduce fair banding at Weavers School.

4.7 Do Academies raise standards by expelling problem children?

The figures show that many Academies have exclusion rates that are no higher than in the rest

of their local authority. However, because some Academies start out with groups of extremely

disruptive children, exclusions may be higher in the early days of the school so that the majority

of children aren’t made to suffer through the bad behaviour of a few. That said, many

Academies are justifiably proud of their inclusion programmes for more disruptive children –

and some have made no exclusions at all.

4.8 Do you have to pay to send a child to an Academy?

No. Academies are state schools. They are completely free of charge.

4.9 Do Academies get more funding than other schools?

The Government always aims to provide an equivalent amount of funding for Academies as it

does for regular state schools. The National Audit Office has said that the formula the

Government uses to do this works.

4.10 What subjects do Academies teach?

All Academies teach a broad and balanced curriculum that must include maths, English and

science. Academies have the flexibility to structure their curriculum in the way the school’s

leaders think will best serve its students and the wider community. All Academies specialise in

one or two subjects, like languages, technology, business, science, maths or music – but your

child does not have to excel in these subjects to do well. Secondary Academies teach a range of

qualifications, which can include the International or English Baccalaureate, A Levels, GCSEs,

BTECs and Diplomas.

4.11 What is an Academy sponsor?

An Academy sponsor is an individual or organisation who makes a long-term commitment to

help support and manage an Academy, dedicating time, money and insight to improving

education and life chances for its students. An Academy sponsor can be an individual, like a

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business person – or a group, charity, or university. When an Academy is being set up, the

Academy sponsor helps shape the vision and ethos for the school, defining the values that will

govern the way it operates. Once the Academy has opened, the Academy sponsor works in

partnership with the Head Teacher, bringing insights and fresh approaches. The Academy

sponsor also appoints the majority of the governors, which must include a governor from the

local authority and at least one parent governor.

4.12 Why do Academies need Academy sponsors?

Academy sponsors play an important role in getting schools to operate in ways that will make

success happen quickly. They often bring experience from outside of secondary education, and

they have a different way of looking at the world. This means they can often see ways of

working or solving problems that wouldn’t be the first thing teachers and educationalists might

normally think of. Academy sponsors can also often find ways to make things happen quickly –

for example, by using their business contacts, or the resources of their organisations. Principal

of The Harefield Academy, Lynn Gadd says: “We enjoy a very special relationship with our

Academy sponsors. They prompt us to think differently. We have an absolute agreement as to

how they would like a young person to be as they leave The Harefield Academy so we have that

shared vision. But on a day-to-day basis they allow me and the educationists and the other

people who are working at the Academy to make the decisions. They inspire us to greater

things. They can make suggestions that are sometimes completely out of the blue, but make a

difference to our community. We thoroughly enjoy working with them, it’s a very special and

unique relationship.”

4.13 Who approves Academy sponsors?

When a potential Academy sponsor lets the Government know that they’d like to support an

Academy, they are thoroughly vetted, and their motives for wanting to become involved are

scrutinised. Some Academy sponsors are charities or groups.

4.14 What if an Academy sponsor decides to pull out of an Academy?

When a person or organisation agrees to become an Academy sponsor, they commit to doing

so for at least seven years. However, if an Academy sponsor wants to withdraw, they can give

notice. If they do this, they are expected to stay in place until another Academy sponsor has

been appointed by the Government. Nevertheless, the Creative Education Trust intends to be

involved with Weavers School for perpetuity.

4.15 What happens if the Government is not happy with the Academy sponsor?

The Government takes a keen interest in the effectiveness and direction of Academy sponsors.

Where an Academy is not making satisfactory progress the Government will work closely with

sponsors to secure whatever changes are necessary to accelerate progress. This may include a

change of leadership, a new partnership with a successful strong Academy, sponsor, partner or

school.

4.16 Do Academies represent the privatisation of education?

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No. Academies are state-funded schools. Their sponsors cannot and do not make a profit from

their involvement with Academies. There has to be agreement between the Government, the

local authority and the Academy sponsor on things like the size of the Academy, its specialism,

and the ages of students it will cater for.

4.17 Do Academies publish information about their performance?

Although Academies have greater freedoms than other schools, they cannot hide what they do

and how they operate. Every Academy has a member of the local authority on its board of

governors. Academies are also inspected by OFSTED, and their exam results are published in

exactly the same way as all other state schools. The Government also publishes other

information about Academies, including expressions of interest from Academy sponsors,

funding agreements and attendance figures.

4.18 Are the teachers in charge of education at Academies?

A school is only as good as its teachers. The relationship between Academy sponsor and

Principal is one of partnership. The Academy sponsor brings a fresh perspective, business

contacts and new ideas, while the Principal and his or her staff bring expertise and experience

in teaching.

4.19 Are Academies inspected by Ofsted?

The year after an Academy opens, Ofsted inspects it and publishes a report on their website.

Then in the third year after it has opened, an Academy has a full Ofsted inspection, which is

carried out in exactly the same way as for other schools.

4.20 Do children need expensive equipment and uniforms to attend Academies?

Like most state schools, Academies are very conscious of the cost of uniforms and equipment

and will do their best to make sure that they are not too expensive. What Academies will

probably expect is for uniforms to be kept smart, and for dress codes to be strictly adhered to.

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5. Staff TUPE related questions

5.1 Can the school alter teachers' pay and conditions?

When a school converts from a local authority (LA) maintained school to a new academy, staff

are entitled to transfer under the same employment terms and conditions. Once open, the

academy trust may consult with staff and their union representatives on changes to these

terms and conditions, for example to enable the academy to operate over different term times

or change the length of the school day.

The sponsors want to make it clear that they accept that TUPE applies to the transfer of staff

from the school to the academy and that they see the transfer as a change of Employer but no

change of contract.

The sponsors intend to work within the framework of National Terms and Conditions for

teaching and support staff. Including;

- The Burgundy Book (teachers)

- The Green Book (Support staff)

- School Teachers Pay and Conditions document

- Pensions – Teachers Pension Scheme and Local government Pensions Schemes (but

CEAT does not accept local enhancements for new employees).

- The current Performance Management arrangements for teaching staff.

The sponsors understand that the academy will recognise all Trade Unions and Recognised

Teachers Professional Associations that the Council recognises at the point of transfer.

5.2 If we become an academy, do we have to take responsibility for pension

arrangements for teachers instead of the local authority (LA)?

When a maintained school becomes an academy, they must continue to provide access to the

Teachers’ Pension Scheme (TPS) for teachers.

The academy, as the employer, will become responsible for remitting contributions to the TPS

and for all other administrative responsibilities that fall to employers who employ teachers who

are subject to the teachers' pensions’ regulations. As part of the conversion process, Teachers’

Pensions, who administer the TPS; will issue an induction pack welcoming the academy to the

TPS that will outline their statutory requirements as a TPS employer. TPS will also contact the

academy directly to ensure that they have understood these requirements.

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5.3 What about pension arrangements for support staff (Local Government Pension

Scheme)?

Support staff transferring from a maintained predecessor school would simply continue their

membership of the Local Government Pension Scheme (LGPS), in a similar way to teachers in

the TPS. The academy will stay in the local LGPS fund unless it is part of a chain of academies or

multi-academy chain where it is currently able to pool with its parent employer in one fund.

The Department for Communities and Local Government (DCLG) are currently considering

responses to a consultation about LGPS regulation amendments to remove this flexibility.

An academy is a scheme employer in the LGPS. On conversion to an academy the school

becomes a separate employer in the LGPS and if it continues to be treated as such, a separate

employer contribution rate will need to be calculated by the relevant LGPS fund.

It is the Department for Education’s view that academies should not be treated less favourably

than maintained schools, and their contributions should be comparable. The Secretaries of

State for Education and Communities and Local Government have written a joint letter to

leaders, local authority chief executives and LGPS pension managers, clarifying the position

regarding academy funding and Ministers’ views of how academies should be treated within

the LGPS.

5.4 How will the TUPE (TUPE is the Transfer of Undertakings (Protection of Employment)

regulations) process work, and what specific responsibilities does the school have?

• The school needs to tell the local authority (LA) of its intention to convert.

• The employer (i.e. the LA) is responsible for informing and consulting staff

• The LA does due diligence and passes staff details to the academy trust.

• The academy trust writes to each member of staff confirming that they will transfer

under existing terms and conditions.

• The LA or other employer gives indemnity for the period staff worked for them,

normally as part of the asset transfer agreement.

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5.5 Where school governing bodies are responsible for doing the TUPE (and not the local

authority (LA) what are the statutory requirements? For example, who must be

consulted and how long should consultation last?

There is no statutory obligation for the governing body to consult unless it is planning to make

changes to working conditions or staffing before the transfer. If the obligation applies then the

recognised trade unions must be consulted or, if there are no unions recognised, employee

representatives must be elected. There is no minimum period of consultation specified, but

consultation needs to take place before any decisions are made.

Even if the statutory obligation does not apply, it is best practice to consult staff and their

representatives and to allow 30 days for this consultation. Governing bodies and LAs should

also check whether there are any local agreements with unions as to how the TUPE (Transfer of

Undertakings (Protection of Employment) consultation should be carried out.

In all cases there is a statutory obligation on the current employer to inform employee

representatives (i.e. the recognised union or if there isn't one, elected representatives) of

certain matters in writing. These are:

• the fact that the transfer is to take place;

• the date of the transfer and the reasons for it; and

• the legal, economic and social implications of the transfer for any affected

employees and the measures which the employer envisages it will, in connection

with the transfer, take in relation to any affected employees or, if it envisages that

no measures will be so taken, that fact.

The academy trust must inform the current employer in writing of any measures which it

envisages taking in relation to staff after the transfer (such as changes to working conditions),

and the employer must also pass this information on to employee representatives.

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6. When will public consultation take place?

The formal consultation process will take place between 18th

March 2013 and 10th

May

2013

• Consultation leaflets will be emailed and distributed to students, parents/carers, staff,

other local schools, local community groups, faith groups, local Councillors, local MPs,

resident associations, youth groups, voluntary organisations, local police and the local

libraries.

• There will be three means of submitting feedback:

o via tear-off postal slip in Consultation Leaflets

o via the Academy’s website

o via voicing of opinions at public events (listed below)

o All the information contained within the consultation document will be made

available on the Academy’s website: www.weaversschool.co.uk

• This ‘Frequently asked questions’ document is also available on the website.

• A Parents/Carers Meeting, to find out more about the Academy proposal, will be held at

Weavers School on 25th

March 2013 from 17:30 until 18:30 in the school hall

• A Community “drop-in” Meeting, to find out more about the Academy proposal, will be

held at Weavers School on 26th

March 2013 from 14:00 until 17:00 in the

administration block

• A Staff Meeting, to find out more about the Academy proposal, will be held at Weavers

School on 25th

March 2013 from 15:30 until 17:00 in the excellence centre

• The Academy project will continue to publish updates on the progress of the Academy

proposals on the Academy website: www.weaversschool.co.uk

For more information on the project and how you can make your views known please contact

the school by telephoning 01933 222830 or e-mailing

[email protected]