DEED OF NOVATION AND VARIATION OF THE SUPPLEMENTAL FUNDING AGREEMENT FOR:

Transcription

1 DEED OF NOVATION AND VARIATION OF THE SUPPLEMENTAL FUNDING AGREEMENT FOR: WORDSWORTH PRIMARY SCHOOL SHIRLEY INFANT SCHOOL SHIRLEY JUNIOR SCHOOL HOLLYBROOK INFANT SCHOOL HOLLYBROOK JUNIOR SCHOOL SOUTHAMPTON CHILDREN S HOSPITAL SCHOOL UPPER SHIRLEY HIGH SCHOOL

2 The Parties to this Deed are: (1) THE SECRETARY OF STATE FOR EDUCATION of Sanctuary Buildings, Great Smith Street, London SW1P 3BT (the Secretary of State ); (2) HAMWIC EDUCATION TRUST, a charitable company incorporated in England and Wales with registered company number whose registered address is at Unit E Mill Yard, Nursling Street, Nursling, Southampton, England S016 OAJ ( HET ); and (3) JEFFERYS EDUCATION TRUST, a charitable company incorporated in England and Wales with registered company number whose registered address is at Unit E Mill Yard, Nursling Street, Nursling, Southampton, England S016 OAJ (the Company ), together referred to as the Parties. INTRODUCTION A. Wordsworth Primary School, Shirley Infant School, Shirley Junior School, Hollybrook Infant School, Hollybrook Junior School, Southampton Children s Hospital School and Upper Shirley High School are academies within the meaning of the Academies Act 2010 (the academies ) and are currently operated by the Company (a multi academy trust). B. The Secretary of State and the Company entered into Master Funding Agreements on 1 August 2011 and 1 May 2013 (the Original Master Funding Agreements ). C. The Secretary of State and the Company entered into Supplemental Funding Agreements (the Supplemental Funding Agreements ) for each of the academies on or around the respective conversion date of each of the academies for the maintenance and funding of the academies. D. It is proposed that, with effect from am on 1 December 2017 ( Transfer Date ), HET will assume responsibility for the management and operation of the academies in succession to the Company. E. The Parties wish to novate the Supplemental Funding Agreements to HET and to terminate the Original Master Funding Agreements and the Secretary of State and

3 MET wish to vary the terms of the Supplemental Funding Agreements subject to the provisions of this Deed. LEGAL AGREEMENT 1. Any word or phrase used in this Deed shall, if that word or phrase is defined in the Original Master Funding Agreements and/or the Supplemental Funding Agreement, bear the meaning given to it in the relevant Agreement. NOVATION 2. The Company transfers all its rights and obligations under the Supplemental Funding Agreements to MET with effect from the Transfer Date. With effect from the Transfer Date, MET shall enjoy all the rights and benefits of the Company under the Agreement and all references to the Company in the Agreement shall be read and construed as references to the HET. 3. The references in the Supplemental Funding Agreements to the Master Funding Agreement between the Company and the Secretary of State shall be read as a reference to the Master Funding Agreement dated 24 May 2017 between HET and the Secretary of State (subject to any subsequent variation). 4. With effect from the Transfer Date, MET agrees to perform the Supplemental Funding Agreements and be bound by their terms in every way as if it were the original party to them in place of the Company. 5. With effect from the Transfer Date, the Secretary of State agrees to perform the Supplemental Funding Agreements and be bound by their terms in every way as if HET were the original party to them in place of the Company. OBLIGATIONS AND LIABILITIES 6. With effect from the Transfer Date, the Company releases and discharges the Secretary of State from all obligations and liabilities owed to the Company, whether past, present or future, actual or contingent, under the Supplemental Funding Agreements.

4 7. With effect from the Transfer Date the Secretary of State releases and discharges the Company from all obligations and liabilities owed to the Secretary of State, whether past, present or future, actual or contingent, under the Supplemental Funding Agreements 8. Each of HET and the Secretary of State will have the right to enforce the Supplemental Funding Agreements and pursue any claims and demands under them against the other with respect to matters arising before, on or after the Transfer Date as though HET were the original party to the Supplemental Funding Agreements instead of the Company. VARIATION 9. The Secretary of State and HET agree that with effect from the Transfer Date the Supplemental Funding Agreements shall be amended and restated so as to take effect in the form set out in Schedules 1 to 7 to this Deed. 10. As varied by this Deed, the Supplemental Funding Agreements shall remain in full force and effect. TERMINATION AND RELEASE OF THE ORIGINAL MASTER FUNDING AGREEMENT 11. The Parties agree that the Original Master Funding Agreements are terminated with effect from the Transfer Date. 12. The Secretary of State and the Company hereby release and discharge the other from all obligations, liabilities, claims or demands under or in connection with the Original Master Funding Agreements, whether past, present or future, actual or contingent and whether incurred before, on or after the Transfer Date. GOVERNING LAW 15. This Deed shall be governed by and interpreted in accordance with English law. 16. The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this deed or its subject matter or formation (including non-contractual disputes or claims).

5 IN WITNESS whereof this Deed has been executed by the parties hereto and is intended to be and is hereby delivered on the last date listed below. EXECUTED as a deed by affixing the corporate seal of THE SECRETARY OF STATE FOR EDUCATION) authenticated by: Duly authoris d b Date Z7J(.I..1.I. the SECRETARY OF STATE FOR EDUCATION EXECUTED as a deed by HET acting by one director in the presence of a witness: Director Print name Date Witness Print name.ce.nr>e e.c Address b.tss.,yicc C Occupation...O.c.1ccc

6 COUNTERPARTS 17. This Deed may be executed in any number of counterparts and by the parties to it on separate counterparts, each of which when so executed and delivered shall be an original, but all the counterparts shall together constitute one and the same instrument.

7 Print name... S%J Date Address..?E??. Occupation %ill Witness 3 Print name.t cr...a.rtna.3c director in the presence of a witness: Director Company acting by one EXECUTED as a deed by the

8 Schedule 1 Amended Supplemental Funding Agreement for WORDSWORTH PRIMARY SCHOOL

9 F Department for Education Mainstream academy and free school: supplemental funding agreement April 2016

10 Termination Warning Notice 19 Termination by the Secretary of State after inspection 20 Termination by the Secretary of State 21 Funding and admission during notice period 21 Notice of intention to terminate by Academy Trust 22 2 April 2016v5 Contents SUMMARY SHEET 4 Information about the Academy: 4 1. ESTABLISHING THE ACADEMY 8 Definitions and interpretation 8 The Academy 8 2. RUNNING OFTHE ACADEMY 9 Teachers and staff 9 Pupils 9 SEN unit 9 Charging 9 Admissions 10 Curriculum GRANT FUNDING 13 Calculation of GAG 13 OthwreleVãhfiUñding LAND TERMINATION 19 Termination by either party 19

11 April 2016 v5 ANNEXES 27 The Master Agreement 25 Annexes 25 General OTHER CONTRACTUAL ARRANGEMENTS PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND DISABILITIES ADMISSION OF PUPILS WITH SEN AND DISABILITIES 27 3 Effect of termination 24

12 HP April 2016 vs SUMMARY SHEET Information about the Academy: Name of Academy Trust Hamwic Education Trust Company number Date of Master Funding Agreement 24 May 2017 Name of academy Wordsworth Primary School Opening date The Academy opened on 1 September 2014 and will be operated by the Academy Trust from 1 December 2017 Type of academy (indicate whether Academy academy or free school) Religious designation NA Wholly or partly selective NA Name of predecessor school Wordsworth Primary School (where applicable) Capacity number 630 Age range 4 to 11 Number of sixth form places NA Number of boarding places NA SEN unit! Resource provision NA Land arrangements Version 1 (Version 1-7 or other) Address and title number of Land Wordsworth Infant School, Stratton Road, Southampton S015 ERA. Title number

13 April 2016 vs 5 character CE etc. rather than Christian designated with a religious character independent school there was a predecessor independent designated with a religious character designated with a religious character designated with a denominational religious 2.N Clause applies only to academies that were V 2.Yc) Sub-clause applies if the academy is V previously a VC or foundation school 2.A.1 Clause applies where an academy was V unit 2.Y Clause applies where an academy was character schools designated with a religious character 2.M Clause applies only to academies and free V 2.X Clause only applies where the academy has V 2.0 Clause applies only to academies that were V provision academies 2.C, 2.D Only applies where the academy has an SEN V formerly wholly selective grammar schools 2.E Only applies where there was a predecessor V formerly partially selective grammar schools 2.T Clause applies to free schools and new V provision academies designated with a 2.W Clause only applies where the academy is / religious character 2.G Clause does not apply to tree schools (unless V school), or new provision academies not been designated with a religious previously a VC school or foundation school 1.1 Only applies to tree schools and new Clause No. Descriptor Applied Not used used Please confirm which clause variations have been applied or marked as Not

14 6.H Clause only applies to schools which are V designated with a Church of England or Roman Catholic character Please identify any other variations from the model that apply to this academy (e.g. clauses relating to PH, or any required because the multi academy trust includes academies designated with different religious characters, or a 6 ApritZOl6vS Clause No. Descriptor Applied Not used Option 1 applies to converter and sponsored, 3.F 3.A academies: if used delete option 2 3.A 3.F Option 2 applies to free schools and new provision academies: if used delete option 1 3M Clause relating to Start-up only applies in some cases (does not apply to academy converters) 3.J Clause only applies to full sponsored and V intermediate sponsored academies with approved Academy Action Plans 3.K Clause does not apply to free schools (unless V there was a predecessor independent school), or new provision academies 5.G.1 Clause applies only to a boarding V academy/free school. 5.1 Clause only applies to sponsored academies V 5.K Clause applies to free schools and may be V applied to new provision academies 5.L Clause applies to free schools and may be V applied to new provision academies...m Clause applies to tree schoolsand maybe applied to new provision academies 5.N Clause applies to free schools and may be V applied to new provision academies 5.0 Clause applies to free schools and may be / applied to new provision academies

15 April 2016 vs 7 No. Descriptor Clause Applied Not used Additional clauses will be supplied by your project lead if needed. not): mixture of those designated with a religious character, and those which are

16 1.D The Interpretation Act 1978 applies to this Agreement as it applies to an Act of Parliament. 1.E Reference in this Agreement to clauses and annexes will, unless otherwise stated, be to clauses and annexes to this Agreement. The Academy 8 April 2016 vs 1. ESTABLISHING THE ACADEMY 1.A This Agreement made between the Secretary of State for Education and HAMWIC EDUCATION TRUST is supplemental to the master funding agreement made between the same parties and dated 24 May 2017 (the Master Agreement ). Definitions and interpretation 1.B Except as expressly provided in this Agreement words and expressions defined in the Master Agreement will have those same meanings in this Agreement. 1.C The following capitalised words and expressions will have the following meanings: The Academy means Wordsworth Primary School. Coasting has the meaning given by regulations under subsection (3) of section 6DB of the Education and Inspections Act 2006 in relation to a school to which that section applies. SEN means Special Educational Needs and the expressions special educational needs1 and special educational provision have the meaning set out in sections 20(t) andj of the Children and Families Act Termination Notice means a notice sent by the Secretary of State to the Academy Trust, terminating this Agreement on the date specified in the notice. Termination Warning Notice means a notice sent by the Secretary of State to the Academy Trust, stating his intention to terminate this Agreement.

17 April 2016 vs 9 SEN unit 2.E Not used. 2.A Subject to clause 2.4 of the Master Agreement, 7.A of this Agreement and Teachers and staff 2. RUNNING OF THE ACADEMY 1.1 Not used. with the Master Agreement and this Agreement. 1.0 The Academy Trust will establish and maintain the Academy in accordance Pupils Charging 2.D Not used. 2.C Not used. 2.A.1 Not used. qualified or is otherwise eligible to plan and prepare lessons and courses for pupils, teach pupils, and assess and report on pupils development, progress 2.B The planned capacity of the Academy is 630 in the age range 4 to 11. The accordance with any relevant Guidance, employ anyone it believes is suitably Master Agreement. Academy Trust from 1 Deceber section 67 of the Children and Families Act 2014, the Academy Trust may, in and attainment. Academy will be an all ability inclusive school. 1.F The Academy is a Mainstream Academy as defined in clause 1.4 of the 1.H The Academy opened on 1 September 2014 and will be operated by the

18 2.K For the purposes of applying the pupil premium admission criterion only, sections 1.9(f) and 2.4(a) of the School Admissions Code do not apply insofar as they prevent admission authorities from giving priority to children according to the financial or occupational status of parents or using supplementary forms that ask for: 10 April 2016 vs Admissions 2.F Subject to clauses 2.K 2.L the Academy Trust will act in accordance with, and will ensure that its Independent Appeal Panel is trained to act in accordance with, the School Admissions Code and School Admission Appeals Code published by the DIE (the Codes ) and all relevant admissions law as they apply to foundation and voluntary aided schools, and with equalities law. Reference in the Codes or legislation to admission authorities will be deemed to be references to the Academy Trust. 2.G Pupils on roll in a Predecessor School which was a maintained or independent school will transfer automatically to the Academy on opening. All children already offered a place at that Predecessor School must be admitted to the Academy. 2.H The Academy Trust must participate in the local Fair Access Protocol. The Academy Trust must participate in the coordinated admission arrangements operated by the LA in whose area the Academy is situated. If the Academy is a free school, the Academy Trust is not required to participate in coordination for its first intake of pupils. 2.1 The Academy Trust may determine admission arrangements (subject to consultation in line with the Codes) that give priority for adrnissioq children attracting the Pupil Premium, including the service premium (the pupil premium admission criterion ), but not above looked-after children and previously looked-after children. 2.J Where the Academy Trust applies the pupil premium admission criterion, it must provide information in its admission arrangements about eligibility for the premiums.

19 April 2016 v5 11 consultation requirements in relation to admission arrangements is that responsibility for the child in question. Trust. The arrangements for appeals must comply with the Codes as they apply to foundation and voluntary aided schools. The determination of the 2.Q Subject to clause 2.R, the meaning of relevant area for the purposes of they do not comply with the Codes or this Agreement, or are otherwise 2.P The Academy Trust must ensure that parents and relevant children (as Panel if they are dissatisfied with an admission decision of the Academy 2.0 Not used. 2.M Not used. unlawful. b) direct the Academy Trust to amend its admission arrangements where or has otherwise acted unlawfully; or has failed to act in accordance with the Codes or this Agreement ii. where in relation to a specific child or children the Academy Trust school attendance order as defined in section 437 of the Education Act Before doing so the Secretary of State will consult the Academy Trust; or i. following an application from an LA including complying with a the UK armed forces, and are exercising parental care and described in the Codes) have the right to appeal to an Independent Appeal appeal panel is binding on all parties. b) whether parents are serving in the UK armed forces or were serving in a) any personal details about their financial status; or 2.L The Secretary of State may: a) direct the Academy Trust to admit a named pupil to the Academy: 2.N Not used.

20 foundation or voluntary school, and as it references to religious education and religious worship in that section were references to the religious education and religious worship provided by the Academy in accordance with clause 2.X. 2.W Not used. 12 April 2016 v5 determined by the relevant LA for maintained schools in the area in accordance with the Education (Relevant Areas for Consultation on Admission Arrangements) Regulations R If the Academy does not consider the relevant area determined by the LA for the maintained schools in the area to be appropriate, it must apply to the Secretary of State by 1 August before the academic year in question for a determination of the appropriate relevant area for the Academy, setting out the reasons for this view. The Secretary of State will consult the Academy Trust and the LA in whose area the Academy is situated in reaching a decision. 2.8 The Office of the Schools Adjudicator ( OSA ) will consider objections to the Academy s admission arrangements (except objections against the agreed variations from the Codes specified at clause 2.K, over which it has no jurisdiction). The Academy Trust must therefore make it clear, when determining the Academy s admission arrangements, that objections should be submitted to the OSA. The OSA s determination of an objection is binding on the Academy and the Academy Trust must make appropriate changes to its admission arrangements as quickly as possible. 2.T Not used. Cu rricu I urn 2.U The Academy Trust must provide for the teaching of religious education and a daily act of collective worship at the Academy. 2.V The Academy Trust must comply with section 71(1)-(6) and (8) of the School Standards and Framework Act 1998 as if the Academy were a community,

21 April 2016 v5 Calculation of GAG the School Standards and Framework Act 1998 as if it were a and that they learn the nature of marriage and its importance for family life Guidance. 3. GRANT FUNDING were a maintained school. maintained schools set out in the Education Act 1996, and have regard to any community, foundation or voluntary school which does not have a 2.Z The Academy Trust must have regard to any Guidance, further to section 403 children at the Academy are protected from inappropriate teaching materials 2.? Not used. Schedule. apply. The Academy may apply to the Secretary of State for consent religious character, except that paragraph 4 of that Schedule does not b) the Academy must comply with section 70(1) of, and Schedule 20 to, of the Education Act 1996, on sex and relationship education to ensure that 2(5) of Schedule 19 to the School Standards and Framework Act 1998; syllabuses in section 375(3) of the Education Act 1996 and paragraph balanced treatment of political issues, in line with the requirements for and for bringing up children. The Academy Trust must also have regard to the at the Academy in accordance with the requirements for agreed a) provision must be made for religious education to be given to all pupils to be relieved of the requirement imposed by paragraph 3(2) of that Academies Act 2010): requirements in section 405 of the Education Act 1996, as if the Academy Standards and Framework Act 1998 or further to section 6(8) of the religious character (in accordance with section 124B of the School 2.X Subiect to clause 2.V, where the academy has not been designated with a 2.AA The Academy Trust must prevent political indoctrination, and secure the 13

22 3.1 The Secretary of State recognises that if a Termination Notice or a Termination Warning Notice is served, or the Master Agreement is otherwise terminated, the intake of new pupils during the notice period may decline and therefore payments based on the number of pupils attending the Academy may be insufficient to meet the Academy s needs. In these circumstances the Secretary of State may pay a larger GAG in the notice period, to enable the 14 Apri 2016 vs 3A-3D. Not used. 3.E The Secretary of State will calculate GAG based on the pupil count at the Academy. In order to calculate GAG for the Academy Financial Year in which the Academy opens, the pupil count will be determined on the same basis as that used by the relevant LA for determining the budget of the maintained Predecessor School. 3.F For Academy Financial Years after that referred to in clause 3.E, the basis of the pupil count for determining GAG will be: a) for pupils in Year 11 and below, the Schools Census which is used to fund maintained schools for the financial year overlapping with the Academy Financial Year in question; and b) for pupils in Year 12 and above, the formula which is in use at the time for maintained schools. 3.G The Secretary of State may, at his discretion, adjust the basis of the pupil count to take account of any diseconomies of scale which may affect the Academy if it is operating below the planned capacity in clause 2.B. If such an adjustment is made in any Academy Financial Year, this will not change the basis of the pupil count for calculating the following Academy Financial Year s GAG7 lithe Secretary ot State has itdiãtëöthã1 addidonal grant may be payable in such circumstances, the Academy Trust will bid for this additional grant based on need and providing appropriate supporting evidence. The Secretary of State may accept or refuse the bid at his discretion. 3.H Not used.

23 April 2016 vs 15 Agreement, or otherwise within 28 days of the transfer of the Land to a) within 28 days of the signing of this Agreement in circumstances where Restrictions on Land transfer Carrying forward of funds 4. LAND issued by any competent authority which materially affects the Academy Trust s set out in clause 3.) cease to apply or the Academy closes. Property Notice means any order, notice, proposal, demand or other requirement may be carried forward without limitation or deduction until the circumstances Notice under this Agreement, or otherwise terminates the Master Agreement, Secretary of State has served a Termination Notice or a Termination Warning 3.L Any additional grant made in accordance with clause 3.1, for a period after the which is to be the permanent site of the Academy. Southampton S015 5RA, being the land registered with title number HP747392, Land means the freehold land at Wordsworth Infant School, Stratton Road, be paid. for such a payment unless the Secretary of State confirms in writing that it will will be agreed on a case-by-case basis. The Academy Trust must not budget Undertakings (Protection of Employment) Regulations Such payment 3.K The Secretary of State may pay the Academy Trust s costs in connection with ability to use the Land for the purposes of the Academy. 4.A The Academy Trust must: Other relevant funding Academy to operate effectively. 3.J Not used. the transfer of employees from a Predecessor School under the Transfer of the Land is transferred to the Academy Trust prior to the date of this

24 4.C The Academy Trust must not, without the Secretary of State s consent: a) grant any consent or licence; or b) create or allow any encumbrance; or c) part with or share possession or occupation; or d) enter into any onerous or restrictive obligations, 16 April 2016 vs the Academy Trust, apply to the Land Registry using Form RX1 for the following restriction (the Restriction ) to be entered in the proprietorship register for the Land: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the Secretary of State for Education, of Sanctuary Buildings, Great Smith Street, London SW1P 3BT; b) take any further steps reasonably required to ensure that the Restriction is entered on the proprietorship register; c) promptly confirm to the Secretary of State when the Restriction has been registered; d) if it has not registered the Restriction, permit the Secretary of State to do so in its place; and e) not, without the Secretary of State s consent, apply to disapply, modify, cancel or remove the Restriction, whether by itself, a holding company, a subsidiary company, or a receiver, administrator or liquidator acting in the name of the Academy Trust. Obligations of the Academy Trust 4.8 The Academy Trust must keep the Land clean and tidy and make good any damage or deterioration to the Land. The Academy Trust must not do anything to lessen the value or marketability of the Land without the Secretary of State s consent.

25 April 2016 vs a) must, within 14 days after acquiring the Land or, if later, after signing to be entered in the register, taking any further steps required to have 17 Commercial Property in force at that date. copy of this Agreement) for a notice of the Option (the Option Notice ) 4.E The Academy Trust: acquiring the Land or, if later, after signing this Agreement, apply to may apply to secure the registration. after the registration has been completed. If the Secretary of State send the Secretary of State a copy of the relevant entry within 7 days date in accordance with the Law Society s Standard Conditions of Sale for the Option is exercised, completion will take place 28 days after the exercise the Option Notice registered and promptly confirming to the Secretary register a Class COy) land charge in the Land Charges Registry, and of State may exercise the Option in writing on termination of this Agreement. If of State when this has been done; b) if it has not registered the Option Notice, agrees that the Secretary of c) must not, without the Secretary of State s consent, apply to disapply, d) must, in the case of previously unregistered land, within 14 days after company, a subsidiary company, or a receiver, administrator or Option ) to acquire all or part of the Land at nil consideration. The Secretary this Agreement, apply to the Land Registry on Form AN1 (including a liquidator acting in the name of the Academy Trust, and 4.D The Academy Trust grants and the Secretary of State accepts an option (the modify or remove the Option Notice, whether by itself, a holding Option Option Notice State may apply to register it using Form UN1; considers that the Academy Trust has not complied with this clause, he in respect of all or part of the Land.

26 Academy Trust must use its best endeavours to procure all necessary consents in order to enable it to share occupation of the Land with the incoming Academy Trust and to provide the incoming Academy Trust with security of tenure over the Land occupied by it, and shall enter into any legal arrangements which the Secretary of State requires for this purpose. The Secretary of State shall meet the necessary and reasonable costs incurred by 18 April 2016 v5 Property Notices 4.F If the Academy Trust receives a Property Notice, it must: a) send a copy of it to the Secretary of State within 14 days, stating how the Academy Trust intends to respond to it; b) promptly give the Secretary of State all the information he asks for about it; c) aflow the Secretary of State to take all necessary action, with or instead of the Academy Trust, to comply with it, and d) use its best endeavours to help the Secretary of State in connection with it. Sharing the Land 4.G Where: a) the Secretary of State identifies basic or parental need for additional places in the area in which the Academy is situated; and b) the Secretary of State then considers that not all the Land is needed for the operation of the Academy at planned capacity, The Secretary of State must cnfflt y.ith the Academy Trustiodetermine whether part of the Land could be demised or leased to another Academy Trust, as the Secretary of State considers appropriate, for the purpose of that Academy Trust establishing and maintaining an educational institution on the Land. 4.H To the extent the Academy Trust and the Secretary of State agree to part of the Land being demised or leased in accordance with clause 4.G, the

27 April 2016 v5 b) a parental need will arise when the DfE is actually aware of an c) there has been a serious breakdown in the way the Academy is 19 additional demand for pupil places in the area where the Academy is discipline; or c) planned capacity has the meaning given in clause 2.8. b) the standards of performance of pupils at the Academy are d) the safety of pupils or staff is threatened, including due to breakdown of managed or governed; or unacceptably low; or 5.8 The Secretary of State may serve a Termination Warning Notice where he terminate this Agreement. Such termination would take effect on 31 August of Termination by either party Termination Warning Notice 5. TERMINATION considers that: capacity to provide them; situated, following representations from parents in that area; and area where the Academy is situated is greater than the existing a) a basic need will arise when the forecast demand for pupil places in the 5.A Either party may give at least seven Academy Financial Years notice to a) the Academy Trust has breached the provisions of this Agreement or 4.1 For the purposes of clause 4.G: the Academy Trust in connection with this clause. the relevant year. the Master Agreement; or

28 b) the Academy requires significant improvement the Secretary of State may serve a Termination Warning Notice, specifying the date by which the Academy Trust must make any representations. 5.G In deciding whether to give notice of his intention to terminate under clause 5.F, the Secretary of State will have due regard to the overall performance of the Academy Trust. 20 Apri 2016 vs e) the Academy is coasting provided he has notified the Academy Trust that it is coasting. S.C A Termination Warning Notice served under clause 5.B will specify: a) the action the Academy Trust must take; b) the date by which the action must be completed; and c) the date by which the Academy Trust must make any representations, or confirm that it agrees to undertake the specified action. 5.D The Secretary of State will consider any representations from the Academy Trust which he receives by the date specified in the Termination Warning Notice. The Secretary of State may amend the Termination Warning Notice to specify further action which the Academy Trust must take, and the date by which it must be completed. 5.E If the Secretary of State considers that the Academy Trust has not responded to the Termination Warning Notice as specified under clause 5.C(c), or has not completed the action required in the Termination Warning Notice as specified under clauses 5.C(a) and (b) (and any further action specified under clause 5.D) he may serve a Termination Notice. Termination bythe Secretary f Stätë iffé? inspec&n 5.F If the Chief Inspector gives notice to the Academy Trust that: a) special measures are required to be taken in relation to the Academy; or

29 April 2016 vs 21 determination is pending, he may serve a Termination Notice. Academy Trust may continue during the notice period to admit pupils to the continue during the notice period to admit pupils to the Academy (unless the he may serve a Termination Notice. 5.J If the Secretary of State has determined that the Academy will be removed 5.P If the Secretary of State serves a Termination Notice under clause 5.A, the Academy, and to receive GAG and EAG, in accordance with this Agreement. Termination Notice otherwise than under clause 5.A, the Academy Trust may 5.0 Not used. 5.0 If the Secretary of State serves a Termination Warning Notice or a Termination by the Secretary of State 5.1 Not used. remains satisfied that this Agreement should be terminated; b) having considered the representations made by the Academy Trust date specified in the notice; or a) has not received any representations from the Academy Trust by the clause 5.F and: Funding and admission during notice period 5.H If the Secretary of State has served a Termination Warning Notice under 5.K Not used. 5.M Not used. 5.G.1 Not used. from the Register of Independent Schools and no appeal against that 5.L Not used. 5.N Not used.

30 ii. any professional accounting advice the Academy Trust has received; iu. a detailed statement of steps which the Academy Trust proposes to take to ensure that the running costs of the Academy are reduced such that costs are less than the Funding Allocation and All Other Resources, and the period of time within which such 22 April 2016 v5 Secretary of State specifies otherwise), and to receive GAG and EAG, in accordance with this Agreement. Notice of intention to terminate by Academy Trust 5.R The Secretary of State will, before the start of each Academy Financial Year, provide the Academy Trust with a final funding allocation indicating the level of GAG and EAG to be provided in the next Academy Financial Year (the Funding Allocation ). 5.S If the Academy Trust is of the opinion that, after receipt of the Funding Allocation for the next Academy Financial Year (the Critical Year ) and after taking into account all other resources likely to be available to the Academy, including other funds that are likely to be available to the Academy from other academies operated by the Academy Trust ( All Other Resources ), it is likely that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent (and for this reason only) then the Academy Trust may give written notice of its intention to terminate this Agreement on 31 August before the Critical Year. 5.T Any notice given by the Academy Trust under clause 5.S must be provided to the Secretary of State within six weeks of the Secretary of State issuing the Funding Allocation. The notice given by the Academy Tht mr clause 5.S must specify: a) the grounds upon which the Academy Trust s opinion is based, including: i. evidence of those grounds;

31 April 2016 v5 to become insolvent. Both parties recognise that they will need to engage in a pupils at the Academy and use their best endeavours to agree a practical 5.W The Expert will be an insolvency practitioner with significant professional running the Academy during the Critical Year would cause the Academy Trust solution to the problem. Expert s determination will be final and binding on both parties. The Expert will 23 Academies Trust (or any successor or equivalent body). The educational agree upon the appointment of the educational specialist then the educational issues arising from the budget management of schools. If the parties fail to Year would cause the Academy Trust to become insolvent, then that question parties) as to whether the cost of running the Academy during the Critical The Expert s fees will be borne equally between the parties. advice from an educational specialist who is professionally familiar with the 5.X The Expert will be required in reaching his determination to take account of experience of educational institutions or academies. If the parties fail to agree President of the Institute of Chartered Accountants in England and Wales. funding (the Shortfall ). upon the appointment of the Expert then the Expert will be appointed by the will be referred to an independent expert (the Expert ) for resolution. The constructive dialogue at the time about how best to provide education for the 5.U Both parties will use their best endeavours to agree whether or not the cost of 5.V If no agreement is reached by 30 April (or another date if agreed between the c) a detailed budget of income and expenditure for the Academy during the Academy and the projected expenditure on the Academy; and the Critical Year (the Projected Budget ). be requested to specify in his determination the amount of the shortfall in Other Resources expected to be available to the Academy Trust to run specialist will be appointed by the Chairman of the Specialist Schools and b) the shortfall in the Critical Year between the Funding Allocation and All steps will be taken; and

32 a) staff compensation and redundancy payments; b) compensation payments in respect of broken contracts; c) expenses of disposing of assets or adapting them for other purposes; d) legal and other professional fees; and 24 ApriI2Ol6vS specialist s fees will be borne equally between the parties. 5.Y If the Expert determines that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent, and the Secretary of State will not have agreed to provide sufficient additional funding to cover the Shortfall, then the Academy Trust will be entitled to terminate this Agreement, by notice expiring on 31 August before the Critical Year. Any such notice will be given within 21 days after (a) the Expert s determination will have been given to the parties or (b), if later, the Secretary of State will have given written notice of his refusal to provide sufficient additional funding for the Academy to cover the Shortfall. Effect of termination 5.Z If this Agreement is terminated, the Academy will cease to be an Academy within the meaning of sections 1 and 1A of the Academies Act AA Subject to clauses 5.BB and 5.CC, if the Secretary of State terminates this Agreement under clause 5.A, he will indemnify the Academy Trust. If the Secretary of State terminates this Agreement otherwise than under clause 5.A, he may at his discretion indemnify or compensate the Academy Trust. 5.BB The amount of any such indemnity or compensation will be determined by the Secretary ofstate, having regard t repreéntafions made to him by the Academy Trust, and will be paid as and when the Secretary of State considers appropriate. 5.CC The categories of expenditure incurred by the Academy Trust in consequence of termination, for which the Secretary of State may indemnify the Academy Trust under clauses 5.AA, may include:

33 April 2016 v5 25 General Agreement have full force and effect. The Master Agreement Agreement. Annexes 6. OTHER CONTRACTUAL ARRANGEMENTS relevant LA. b) direct the Academy Trust to pay all or part of the sale proceeds to the its charitable purposes; or Academy Trust obtains his permission to invest the sale proceeds for financial contribution made by HM Government. subsequent disposal) a sum equivalent to the proportion of the original not required, pay to the Secretary of State at the termination date (or, b) if the Secretary of State directs that a transfer under clause 5.DD(a) is nominee of the Secretary of State to use for educational purposes; or the original financial contribution made by HM Government, to a Trust must, as soon as possible after the termination date: 5.EE The Secretary of State may: which have been partly or wholly funded by HM Government, the Academy 5.DD If this Agreement is terminated, and the Academy Trust owns capital assets e) dissolution expenses. a) transfer a proportion of those capital assets, equal to the proportion of by agreement with the Secretary of State, at the date of their a) Waive all or part of the repayment due under sub-clause 5.DD(b) if the 6.B Except as expressly provided in this Agreement, all provisions of the Master 6.A Any annexes to this Agreement form part of and are incorporated into this

34 26 April 2016 vs 6.C The Academy Trust cannot assign this Agreement. 6.D Failure to exercise, or a delay in exercising, any right or remedy of the Secretary of State under this Agreement (including the right to terminate this Agreement), or a single or partial exercise of such a right or remedy, is not a waiver of, and does not prevent or restrict any initial or further exercise of, that or any other right or remedy. 6.E Termination of this Agreement will not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination. 6.F This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all of which will together constitute the same agreement. 6.0 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and submitted to the exclusive jurisdiction of the courts of England and Wales. 6.H Not used.

35 April 2016 vs EHC plan means an Education, Health and Care plan made under sections 37(2) 27 of the LA s notice, the Academy Trust must consent to being named, except an EHC plan, it may ask the Secretary of State to determine whether the LA Academy Trust considers that a LA should not have named the Academy in The Secretary of State s determination will be final, subject to any right of Educational Needs and Disability) or the Upper Tribunal Administrative educational needs, including the admission of pupils with EHC plans. If an Appeals Chamber. 8. ADMISSION OF PUPILS WITH SEN AND DISABILITIES that Academy to be suitable for the pupil in question. Within 15 days of receipt it must give the Academy Trust written notice of this, stating why it considers 7.B Not used 7.D Not used. 8.B Where an LA proposes to name one of the Academies in a statement of SEN, 7.C Not used naming the Academy. imposes duties directly on Academies in respect of pupils with special of the Children and Families Act Act A Except as set out in clause S below, the Children and Families Act A The Academy Trust must for each of its Academies, subject to its right of Statement of SEN means a statement made under section 324 of the Education DISABILITIES 7. PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND appeal which a parent of the child may have to the First Tier Tribunal (Special appeal to the Secretary of State, admit all pupils with a statement of SEN has acted unreasonably, and to make an order directing the LA to reconsider. ANNEXES

36 Tribunal s decision will be binding, even if it is different from that of the Secretary of State. 8.G Where it has been finally determined that the Academy be named in a child s statement of SEN, the Academy Trust must admit the child to the Academy, notwithstanding any other admissions requirements in this Agreement. 28 April 2016 vs where admitting the child would be incompatible with the provision of efficient education for other children, and no reasonable steps could secure compatibility. In deciding whether a child s inclusion would be incompatible with the efficient education of other children or the efficient use of resources, the Academy Trust must have regard to the relevant Guidance issued to maintained schools. S.C If the Academy Trust decides that admitting the child would be incompatible with the provision of efficient education or the efficient use of resources, it must, within the 15 days, notify the LA in writing, giving its reasons for its decision. S.D The Academy Trust must then seek to establish from the LA whether or not it agrees with this determination. If the LA does not agree with the Academy Trust s response, and names the Academy in the child s statement of SEN, the Academy Trust must admit the child to the school as specified in the statement or otherwise by the LA. 8.E If in such case, the Academy Trust considers that the LA should not have named the Academy in the statement, it may ask the Secretary of State to determine whether the LA has acted unreasonably, and to make an order directing the LA to reconsider. The Secretary of State s determination will be tinai, subject only to any right ofappeal which a parent of the child Th to the First-tier Tribunal (Special Educational Needs and Disability) or the Upper Tribunal Administrative Appeals Chamber. 8.F If a parent of a child for whom the LA maintains a statement appeals to the First-tier Tribunal (Special Educational Needs and Disability), either for or against the naming of the Academy in the child s statement, then the

37 April 2016 vs 29 Academies and Free Schools. Children and Families Act 2014 relating to SEN and disability do not apply to 8.H Clauses 8.A to 8.G only apply insofar as the relevant provisions of the

38 download Reference: DFE Follow us on Twitter: Like us on educationgovuk facebook.com/educationgovuk 30 ApriI2OlGvS Department for Education crown copyright 2014 You may re-use this document/publication (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence v2.0. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. To view this licence: Visit: www,nat)onajarchives,gov. ukldoc/open-government-licence/version/2 si@ nationalarchives.gsi.gov.uk We welcome feedback, If you would like to make any comments about this publication, please AFSPD.feedback@education.gsi.gov.uk, quoting the title of this document. Specific project queries should be sent to the allocated project lead/lead contact. About this publication: enquiries

39 schedule 2 Amended Supplemental Funding Agreement for SHIRLEY INFANT SCHOOL

40

41 April 2016 funding agreement academy and free school: supplemental Mainstream for Education Department F

42 Termination by the Secretary of State after inspection 20 Termination by the Secretary of State 21 Funding and admission during notice period 21 Notice of intention to terminate by Academy Trust 22 2 April 2016 vs Contents SUMMARY SHEET 4 Information about the Academy: 4 1. ESTABLISHING THE ACADEMY 8 Definitions and interpretation 8 The Academy 8 2. RUNNING OF THE ACADEMY 9 Teachers and staff 9 Pupils 9 SEN unit 9 Charging 9 Admissions 10 Curriculum GRANT FUNDING 13 Calculation of GAG 13 Other reievatitiuntiih LAND TERMINATION 19 Termination by either party 19 Termination Warning Notice 19

43 April 2016 vs 3 7. PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND DISABILITIES ADMISSION OF PUPILS WITH SEN AND DISABILITIES 27 The Master Agreement 25 Annexes 25 General 25 Effect of termination OTHER CONTRACTUAL ARRANGEMENTS 25 ANNEXES 27

44 4 April 2b16 vs SUMMARY SHEET Information about the Academy: Name of Academy Trust Hamwic Education Trust Company number Date of Master Funding Agreement 24 May 2017 Name of academy Shirley Infant School Opening date The Academy opened on 1 November2012 and will be operated by the Academy Trust from 1 December2017 Type of academy (indicate whether Academy academy or free school) Religious designation NA Wholly or partly selective NA Name of predecessor school Shirley Infant School (where applicable) Capacity number 270 Age range 4to7 Number of sixth form places NA Number of boarding places NA SEN unit I Resource provision NA Land arrangements Version 1 (Version 1-7 or other) Address and title number of Land Shirley Infant School, Bellemoor Road, Southampton. Title number HP741801

45 April 2016 vs 5 designated with a religious character independent school there was a predecessor independent designated with a religious character designated with a religious character designated with a denominational religious 2.Yc) Sub-clause applies if the academy is V 2.E Only applies where there was a predecessor V u n it previously a VC or foundation school school), or new provision academies previously a VC school or foundation school schools designated with a religious character 2.A.1 Clause applies where an academy was V 2.M Clause applies only to academies and free V 2.N Clause applies only to academies that were 2.Y Clause applies where an academy was V 2.X Clause only applies where the academy has V 2.0 Clause applies only to academies that were V provision academies 2.C, 2.D Only applies where the academy has an SEN V 2.G Clause does not apply to free schools (unless V formerly wholly selective grammar schools 2.T Clause applies to free schools and new V formerly partially selective grammar schools provision academies designated with a 2.W Clause only applies where the academy is V not been designated with a religious religious character 1.1 Only applies to free schools and new V used character character CE etc. rather than Christian Please confirm which clause variations have been applied or marked as Not Clause No. Descriptor Applied Not used

46 6.H Clause only applies to schools which are V designated with a Church of England or Roman Catholic character Please identify any other variations from the model that apply to this academy (e.g. clauses relating to PR, or any required because the multi academy trust includes academies designated with different religious characters, or a 6 April 2016 vs Clause No. Descriptor Applied Not used 3.A 3.F Option 1 applies to converter and sponsored academies: if used delete option 2 3.A 3.F Option 2 applies to free schools and new V provision academies: if used delete option 1 3.H Clause relating to Start-up only applies in V some cases (does not apply to academy converters) 3.J Clause only applies to full sponsored and V intermediate sponsored academies with approved Academy Action Plans 3.K Clause does not apply to free schools (unless V there was a predecessor independent school), or new provision academies 5.G.1 Clause applies only to a boarding V academy/tree school. 5.1 Clause only applies to sponsored academies V 5.K Clause applies to free schools and may be V applied to new provision academies 5.L Clause applies to free schools and may be V applied to new provision academies 5.M Clause applies to free schools and may be applied to new provision academies 5.N Clause applies to free schools and may be applied to new provision academies 5.0 Clause applies to free schools and may be V applied to new provision academies

47 April 2016 vs 7 No. Descriptor Clause Applied Not used Additional clauses will be supplied by your project lead if needed. not): mixture of those designated with a religious character, and those which are

48 1.0 The Interpretation Act 1978 applies to this Agreement as it applies to an Act of Parliament. 1.2 Reference in this Agreement to clauses and annexes will, unless otherwise stated, be to clauses and annexes to this Agreement. The Academy B April 2016 vs 1. ESTABLISHING THE ACADEMY 1.A This Agreement made between the Secretary of State for Education and HAMWIC EDUCATION TRUST is supplemental to the master funding agreement made between the same parties and dated 24 May 2017 (the Master Agreement ). Definitions and interpretation 1.B Except as expressly provided in this Agreement words and expressions defined in the Master Agreement will have those same meanings in this Agreement. 1.C The following capitalised words and expressions will have the following meanings: The Academy means Shirley Infant School. Coasting has the meaning given by regulations under subsection (3) of section 6DB of the Education and Inspections Act 2006 in relation to a school to which that section applies. SEN means Special Educational Needs and the expressions special educational needs and special educational provision have the meaning set out in sections öu) and 21(2) of the Children and Families Act Termination Notice means a notice sent by the Secretary of State to the Academy Trust, terminating this Agreement on the date specified in the notice. Termination Warning Notice means a notice sent by the Secretary of State to the Academy Trust, stating his intention to terminate this Agreement.

49 April 2016 vs 9 SEN unit 2.E Not used. Charging 2.D Not used. qualified or is otherwise eligible to plan and prepare lessons and courses for pupils, teach pupils, and assess and report on pupils development, progress 2.C Not used. Academy will be an all ability inclusive school. 2.B The planned capacity of the Academy is 270 in the age range 4 to 7. The Pupils 2.A.1 Not used. accordance with any relevant Guidance, employ anyone it believes is suitably 2.A Subject to clause 2.4 of the Master Agreement, 7.A of this Agreement and Teachers and staff 2. RUNNING OF THE ACADEMY 1.1 Not used. with the Master Agreement and this Agreement. Master Agreement. Academy Trust from 1 Deceber section 67 of the Children and Families Act 2014, the Academy Trust may, in and attainment. 1.F The Academy is a Mainstream Academy as defined in clause 1.4 of the 1.G The Academy Trust will establish and maintain the Academy in accordance 1.H The Academy opened on 1 November 2012 and will be operated by the

50 2.K For the purposes of applying the pupil premium admission criterion only, sections 1.9(f) and 2.4(a) of the School Admissions Code do not apply insofar as they prevent admission authorities from giving priority to children according to the financial or occupational status of parents or using supplementary forms that ask for: 10 April 2016 vs Admissions 2.F Subject to clauses 2K 2.L the Academy Trust will act in accordance with, and will ensure that its Independent Appeal Panel is trained to act in accordance with, the School Admissions Code and School Admission Appeals Code published by the DfE (the Codes ) and all relevant admissions law as they apply to foundation and voluntary aided schools, and with equalities law. Reference in the Codes or legislation to admission authorities will be deemed to be references to the Academy Trust. 2.G Pupils on roll in a Predecessor School which was a maintained or independent school will transfer automatically to the Academy on opening. All children already offered a place at that Predecessor School must be admitted to the Academy. 2.H The Academy Trust must participate in the local Fair Access Protocol. The Academy Trust must participate in the coordinated admission arrangements operated by the LA in whose area the Academy is situated. If the Academy is a free school, the Academy Trust is not required to participate in coordination for its first intake of pupils. 2.1 The Academy Trust may determine admission arrangements (subject to consultation in line with the Codes) that give priority for admission. tachildren attracting the Pupil Premium, including the service premium (the pupil premium admission criterion ), but not above looked-after children and previously looked-after children. 2.J Where the Academy Trust applies the pupil premium admission criterion, it must provide information in its admission arrangements about eligibility for the premiums.

51 April 2016 vs 11 consult the Academy Trust; or consultation requirements in relation to admission arrangements is that 2.Q Subject to clause 2.R, the meaning of relevant area for the purposes of described in the Codes) have the right to appeal to an Independent Appeal appeal panel is binding on all parties. b) direct the Academy Trust to amend its admission arrangements where has failed to act in accordance with the Codes or this Agreement ii. where in relation to a specific child or children the Academy Trust Education Act Before doing so the Secretary of State will school attendance order as defined in section 437 of the i. following an application from an LA including complying with a responsibility for the child in question. Trust. The arrangements for appeals must comply with the Codes as they apply to foundation and voluntary aided schools. The determination of the Panel if they are dissatisfied with an admission decision of the Academy 2.P The Academy Trust must ensure that parents and relevant children (as 2.0 Not used. 2.M Not used. unlawful. the UK armed forces, and are exercising parental care and they do not comply with the Codes or this Agreement, or are otherwise b) whether parents are serving in the UK armed forces or were serving in a) any personal details about their financial status; or 2.L The Secretary of State may: a) direct the Academy Trust to admit a named pupil to the Academy: 2.N Not used. or has otherwise acted unlawfully; or

52 foundation or voluntary school, and as if references to religious education and religious worship in that section were references to the religious education and religious worship provided by the Academy in accordance with clause 2.X. 2.W Not used. 12 April 2016 vs determined by the relevant LA for maintained schools in the area in accordance with the Education (Relevant Areas for Consultation on Admission Arrangements) Regulations R If the Academy does not consider the relevant area determined by the LA for the maintained schools in the area to be appropriate, it must apply to the Secretary of State by 1 August before the academic year in question for a determination of the appropriate relevant area for the Academy, setting out the reasons for this view. The Secretary of State will consult the Academy Trust and the LA in whose area the Academy is situated in reaching a decision. 2.S The Office of the Schools Adjudicator ( OSA ) will consider objections to the Academy s admission arrangements (except objections against the agreed variations from the Codes specified at clause 2.K, over which it has no jurisdiction). The Academy Trust must therefore make it clear, when determining the Academy s admission arrangements, that objections should be submitted to the OSA. The OSA s determination of an objection is binding on the Academy and the Academy Trust must make appropriate changes to its admission arrangements as quickly as possible. 2.T Not used. Curriculum 2.U The Academy Trust must provide for the teaching of religious education and a daily act of collective worship at the Academy. 2.V The Academy Trust must comply with section 71(1 )-(6) and (8) of the School Standards and Framework Act 1998 as if the Academy were a community,

53 2.Y Not used. 13 Guidance. syllabuses in section 375(3) of the Education Act 1996 and paragraph Schedule. 2(5) of Schedule 19 to the School Standards and Framework Act 1998; at the Academy in accordance with the requirements for agreed a) provision must be made for religious education to be given to all pupils April 2016 vs. Calculation of GAG 3. GRANT FUNDING maintained schools set out in the Education Act 1996, and have regard to any balanced treatment of political issues, in line with the requirements for 2.AA The Academy Trust must prevent political indoctrination, and secure the were a maintained school. requirements in section 405 of the Education Act 1996, as if the Academy and for bringing up children. The Academy Trust must also have regard to the and that they learn the nature of marriage and its importance for family life of the Education Act 1996, on sex and relationship education to ensure that 2.Z The Academy Trust must have regard to any Guidance, further to section 403 children at the Academy are protected from inappropriate teaching materials to be relieved of the requirement imposed by paragraph 3(2) of that apply. The Academy may apply to the Secretary of State for consent community, foundation or voluntary school which does not have a religious character, except that paragraph 4 of that Schedule does not the School Standards and Framework Act 1998 as if it were a b) the Academy must comply with section 70(1) of, and Schedule 20 to, Academies Act 2010): Standards and Framework Act 1998 or further to section 6(8) of the religious character (in accordance with section 1248 of the School 2.X Subject to clause 2.V, where the academy has not been designated with a

54 3.1 The Secretary of State recognises that if a Termination Notice or a Termination Warning Notice is sewed, or the Master Agreement is otherwise terminated, the intake of new pupils during the notice period may decline and therefore payments based on the number of pupils attending the Academy may be insufficient to meet the Academy s needs. In these circumstances the Secretary of State may pay a larger GAG in the notice period, to enable the 14 April 2016 vs 3A-3D. Not used. 3.E The Secretary of State will calculate GAG based on the pupil count at the Academy. In order to calculate GAG for the Academy Financial Year in which the Academy opens, the pupil count will be determined on the same basis as that used by the relevant LA for determining the budget of the maintained Predecessor School. 3.F For Academy Financial Years after that referred to in clause 3.E, the basis of the pupil count for determining GAG will be: a) for puphs in Year 11 and below, the Schools Census which is used to fund maintained schools for the financial year overlapping with the Academy Financial Year in question; and b) for pupils in Year 12 and above, the formula which is in use at the time for maintained schools. 3.G The Secretary of State may, at his discretion, adjust the basis of the pupil count to take account of any diseconomies of scale which may affect the Academy if it is operating below the planned capacity in clause 2.8. If such an adjustment is made in any Academy Financial Year, this will not change the basis of the pupil count for calculating the following Academy Financial Year s GAG7 if-the Secretary otstata h! ffliatëdthat addiflonal grant may be payable in such circumstances, the Academy Trust will bid for this additional grant based on need and providing appropriate supporting evidence. The Secretary of State may accept or refuse the bid at his discretion. 3.H Not used.

55 April 2016v5 15 Undertakings (Protection of Employment) Regulations Such payment Agreement, or otherwise within 28 days of the transfer of the Land to 3.K The Secretary of State may pay the Academy Trust s costs in connection with 3.L Any additional grant made in accordance with clause 3.1, for a period after the ability to use the Land for the purposes of the Academy. 4.A The Academy Trust must: a) within 28 days of the signing of this Agreement in circumstances where Restrictions on Land transfer Carrying forward of funds Secretary of State has served a Termination Notice or a Termination Warning issued by any competent authority which materially affects the Academy Trust s Property Notice means any order, notice, proposal, demand or other requirement may be carried forward without limitation or deduction until the circumstances HP747392, which is to be the permanent site of the Academy. Southampton S015 XE, being part of the land registered with title number for such a payment unless the Secretary of State confirms in writing that it will Land means the freehold land at Shirley Infant School, Bellemoor Road, Notice under this Agreement, or otherwise terminates the Master Agreement, will be agreed on a case-by-case basis. The Academy Trust must not budget 3.J Not used. the transfer of employees from a Predecessor School under the Transfer of be paid. 4. LAND the Land is transferred to the Academy Trust prior to the date of this Other relevant funding set out in clause 3.1 cease to apply or the Academy closes. Academy to operate effectively.

56 4.C The Academy Trust must not, without the Secretary of State s consent: a) grant any consent or licence; or b) create or allow any encumbrance; or c) part with or share possession or occupation; or d) enter into any onerous or restrictive obligations, 16 April 2016 vs the Academy Trust, apply to the Land Registry using Form RX1 for the following restriction (the Restriction ) to be entered in the proprietorship register for the Land: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the Secretary of State for Education, of Sanctuary Buildings, Great Smith Street, London SW1) 3BT; b) take any further steps reasonably required to ensure that the Restriction is entered on the proprietorship register; c) promptly confirm to the Secretary of State when the Restriction has been registered; d) if it has not registered the Restriction, permit the Secretary of State to do so in its place; and e) not, without the Secretary of State s consent, apply to disapply, modify, cancel or remove the Restriction, whether by itself, a holding company, a subsidiary company, or a receiver, administrator or liquidator acting in the name of the Academy Trust. Obligations of the Academy Trt 4.B The Academy Trust must keep the Land clean and tidy and make good any damage or deterioration to the Land. The Academy Trust must not do anything to lessen the value or marketability of the Land without the Secretary of State s consent.

57 April 2016 vs 17 liquidator acting in the name of the Academy Trust, and may apply to secure the registration. date in accordance with the Law Society s Standard Conditions of Sale for State may apply to register it using Form UN1; send the Secretary of State a copy of the relevant entry within 7 days considers that the Academy Trust has not complied with this clause, he after the registration has been completed. If the Secretary of State of State when this has been done; b) if it has not registered the Option Notice, agrees that the Secretary of copy of this Agreement) for a notice of the Option (the Option Notice ) a) must, within 14 days after acquiring the Land or, if later, after signing 4.E The Academy Trust: Commercial Property in force at that date. the Option Notice registered and promptly confirming to the Secretary the Option is exercised, completion will take place 28 days after the exercise register a Class CQv) land charge in the Land Charges Registry, and acquiring the Land or, if later, after signing this Agreement, apply to d) must, in the case of previously unregistered land, within 14 days after company, a subsidiary company, or a receiver, administrator or modify or remove the Option Notice, whether by itself, a holding c) must not, without the Secretary of State s consent, apply to disapply, of State may exercise the Option in writing on termination of this Agreement. If Option ) to acquire all or part of the Land at nil consideration. The Secretary this Agreement, apply to the Land Registry on Form AN1 (including a 4.D The Academy Trust grants and the Secretary of State accepts an option (the to be entered in the register, taking any further steps required to have Option Option Notice in respect of all or part of the Land.

58 Academy Trust must use its best endeavours to procure all necessary consents in order to enable it to share occupation of the Land with the incoming Academy Trust and to provide the incoming Academy Trust with security of tenure over the Land occupied by it, and shall enter into any legal arrangements which the Secretary of State requires for this purpose. The Secretary of State shall meet the necessary and reasonable costs incurred by 18 April 2016 vs Property Notices 4.F If the Academy Trust receives a Property Notice, it must: a) send a copy of itto the Secretary of State within 14 days, stating how the Academy Trust intends to respond to it; b) promptly give the Secretary of State all the information he asks for about it; c) allow the Secretary of State to take all necessary action, with or instead of the Academy Trust, to comply with it, and d) use its best endeavours to help the Secretary of State in connection with it. Sharing the Land 4,0 Where: a) the Secretary of State identifies basic or parental need for additional places in the area in which the Academy is situated; and b) the Secretary of State then considers that not all the Land is needed for the operation of the Academy at planned capacity, The Secretary of State musi consult with the Academy Trustlo determine whether part of the Land could be demised or leased to another Academy Trust, as the Secretary of State considers appropriate, for the purpose of that Academy Trust establishing and maintaining an educational institution on the Land. 4.H To the extent the Academy Trust and the Secretary of State agree to part of the Land being demised or leased in accordance with clause 4.0, the

59 April 2016 vs 19 discipline; or b) a parental need will arise when the DfE is actually aware of an b) the standards of performance of pupils at the Academy are d) the safety of pupils or staff is threatened, including due to breakdown of managed or governed; or c) there has been a serious breakdown in the way the Academy is unacceptably low; or a) the Academy Trust has breached the provisions of this Agreement or terminate this Agreement. Such termination would take effect on 31 August of 5.A Either party may give at least seven Academy Financial Years notice to 5. TERMINATION considers that: 5.B The Secretary of State may serve a Termination Warning Notice where he c) planned capacity has the meaning given in clause 23. additional demand for pupil places in the area where the Academy is area where the Academy is situated is greater than the existing Termination by either party Termination Warning Notice a) a basic need will arise when the forecast demand for pupil places in the 4.1 For the purposes of clause 4.G: the Academy Trust in connection with this clause. capacity to provide them; situated, following representations from parents in that area; and the relevant year. the Master Agreement; or

60 b) the Academy requires significant improvement the Secretary of State may serve a Termination Warning Notice, specifying the date by which the Academy Trust must make any representations. 5.G In deciding whether to give notice of his intention to terminate under clause 5.F, the Secretary of State will have due regard to the overall performance of the Academy Trust. 20 April 2016 vs e) the Academy is coasting provided he has notified the Academy Trust that it is coasting. 5.C A Termination Warning Notice sewed under clause 5.8 will specify: a) the action the Academy Trust must take; b) the date by which the action must be completed; and c) the date by which the Academy Trust must make any representations, or confirm that it agrees to undertake the specified action. 5.D The Secretary of State will consider any representations from the Academy Trust which he receives by the date specified in the Termination Warning Notice. The Secretary of State may amend the Termination Warning Notice to specify further action which the Academy Trust must take, and the date by which it must be completed. 5.E If the Secretary of State considers that the Academy Trust has not responded to the Termination Warning Notice as specified under clause 5.C(c), or has not completed the action required in the Termination Warning Notice as specified under clauses 5.C(a) and (b) (and any further action specified under clause 5.D) he may serve a Termination Notice. Termination by-the Secretaiy of Stté after InspectIon 5.F If the Chief Inspector gives notice to the Academy Trust that: a) special measures are required to be taken in relation to the Academy; or

61 April 2016 vs b) having considered the representations made by the Academy Trust 21 determination is pending, he may serve a Termination Notice. continue during the notice period to admit pupils to the Academy (unless the Termination Notice otherwise than under clause 5.A, the Academy Trust may 5.Q If the Secretary of State serves a Termination Warning Notice or a 5.P If the Secretary of State serves a Termination Notice under clause 5.A, the Academy, and to receive GAG and EAG, in accordance with this Agreement. 5.K Not used. 5.1 Not used. remains satisfied that this Agreement should be terminated; he may serve a Termination Notice. 5.J lithe Secretary of State has determined that the Academy will be removed Academy Trust may continue during the notice period to admit pupils to the SN Not used. Funding and admission during notice period 5.0 Not used. 5.M Not used. date specified in the notice; or a) has not received any representations from the Academy Trust by the 5.L Not used. clause 5.F and: Termination by the Secretary of State 5.H If the Secretary of State has served a Termination Warning Notice under from the Register of Independent Schools and no appeal against that Not used.

62 ii. any professional accounting advice the Academy Trust has received; iii. a detailed statement of steps which the Academy Trust proposes to take to ensure that the running costs of the Academy are reduced such that costs are less than the Funding Allocation and All Other Resources, and the period of time within which such 22 April2016 v5 Secretary of State specifies otherwise), and to receive GAG and EAG, in accordance with this Agreement. Notice of intention to terminate by Academy Trust 5.R The Secretary of State will, before the start of each Academy Financial Year, provide the Academy Trust with a final funding allocation indicating the level of GAG and EAG to be provided in the next Academy Financial Year (the Funding Allocation ). 5.S If the Academy Trust is of the opinion that, after receipt of the Funding Allocation for the next Academy Financial Year (the Critical Year ) and after taking into account all other resources likely to be available to the Academy, including other funds that are likely to be available to the Academy from other academies operated by the Academy Trust ( All Other Resources ), it is likely that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent (and for this reason only) then the Academy Trust may give written notice of its intention to terminate this Agreement on 31 August before the Critical Year. 5.T Any notice given by the Academy Trust under clause 5.S must be provided to the Secretary of State within six weeks of the Secretary of State issuing the Funding Allocation. The notice given by the Academy Tct under clausa5.s. must specify: a) the grounds upon which the Academy Trust s opinion is based, including: i. evidence of those grounds;

63 April 2016 v5 5.W The Expert will be an insolvency practitioner with significant professional 23 the Academy and the projected expenditure on the Academy; and Other Resources expected to be available to the Academy Trust to run constructive dialogue at the time about how best to provide education for the specialist will be appointed by the Chairman of the Specialist Schools and experience of educational institutions or academies. If the parties fail to agree Academies Trust (or any successor or equivalent body). The educational issues arising from the budget management of schools. If the parties fail to agree upon the appointment of the educational specialist then the educational pupils at the Academy and use their best endeavours to agree a practical running the Academy during the Critical Year would cause the Academy Trust solution to the problem. Expert s determination will be final and binding on both parties. The Expert will funding (the Shortfall ). will be referred to an independent expert (the Expert ) for resolution. The 5.U Both parties will use their best endeavours to agree whether or not the cost of to become insolvent. Both parties recognise that they will need to engage in a 5.X The Expert will be required in reaching his determination to take account of President of the Institute of Chartered Accountants in England and Wales. upon the appointment of the Expert then the Expert will be appointed by the 5.V If no agreement is reached by 30 April (or another date if agreed between the the Critical Year (the Projected Budget ). Year would cause the Academy Trust to become insolvent, then that question be requested to specify in his determination the amount of the shortfall in parties) as to whether the cost of running the Academy during the Critical The Expert s fees will be borne equally between the parties. advice from an educational specialist who is professionally familiar with the b) the shortfall in the Critical Year between the Funding Allocation and All c) a detailed budget of income and expenditure for the Academy during steps will be taken; and

64 a) staff compensation and redundancy payments; b) compensation payments in respect of broken contracts; c) expenses of disposing of assets or adapting them for other purposes; d) legal and other professional fees; and 24 April 2016 v5 specialist s fees will be borne equally between the parties. 5.Y If the Expert determines that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent, and the Secretary of State will not have agreed to provide sufficient additional funding to cover the Shortfall, then the Academy Trust will be entitled to terminate this Agreement, by notice expiring on 31 August before the Critical Year. Any such notice will be given within 21 days after (a) the Expert s determination will have been given to the parties or (b), if later, the Secretary of State will have given written notice of his refusal to provide sufficient additional funding for the Academy to cover the Shortfall. Effect of termination 5.Z If this Agreement is terminated, the Academy will cease to be an Academy within the meaning of sections 1 and 1 A of the Academies Act AA Subiect to clauses 558 and 5.CC, if the Secretary of State terminates this Agreement under clause 5.A, he will indemnify the Academy Trust. If the Secretary of State terminates this Agreement otherwise than under clause 5.A, he may at his discretion indemnify or compensate the Academy Trust The amount of any such indemnity or compensation will be determined by the Secretary of State, having regadt?ë?ëènfarons made to him by the Academy Trust, and will be paid as and when the Secretary of State considers appropriate. 5.CC The categories of expenditure incurred by the Academy Trust in consequence of termination, for which the Secretary of State may indemnify the Academy Trust under clauses 5.AA, may include:

65 April 2016 v5 25 General Agreement. nominee of the Secretary of State to use for educational purposes; or Agreement have full force and effect. 6. OTHER CONTRACTUAL ARRANGEMENTS The Master Agreement by agreement with the Secretary of State, at the date of their its charitable purposes; or 6.A Any annexes to this Agreement form part of and are incorporated into this Annexes Academy Trust obtains his permission to invest the sale proceeds for relevant LA. subsequent disposal) a sum equivalent to the proportion of the original not required, pay to the Secretary of State at the termination date (or, financial contribution made by HM Government. 5.EE The Secretary of State may: b) if the Secretary of State directs that a transfer under clause 5.DD(a) is b) direct the Academy Trust to pay all or part of the sale proceeds to the the original financial contribution made by HM Government, to a a) transfer a proportion of those capital assets, equal to the proportion of a) Waive all or part of the repayment due under sub-clause 5.DD(b) if the Trust must, as soon as possible after the termination date: which have been partly or wholly funded by HM Government, the Academy 6.B Except as expressly provided in this Agreement, all provisions of the Master 5.DD If this Agreement is terminated, and the Academy Trust owns capital assets e) dissolution expenses.

66 26 April 2016 vs 6.C The Academy Trust cannot assign this Agreement. 6.D Failure to exercise, or a delay in exercising, any right or remedy of the Secretary of State under this Agreement (including the right to terminate this Agreement), or a single or partial exercise of such a right or remedy, is not a waiver of, and does not prevent or restrict any initial or further exercise of, that or any other right or remedy. 6.E Termination of this Agreement will not affect the accrued rights, remedies, obligations or habilities of the parties existing at termination. 6.F This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all of which will together constitute the same agreement. 6.G This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and submitted to the exclusive jurisdiction of the courts of England and Wales. 6.H Not used.

67 April 2016 vs 27 of the Children and Families Act of the LA s notice, the Academy Trust must consent to being named, except Appeals Chamber. that Academy to be suitable for the pupil in question. Within 15 days of receipt it must give the Academy Trust written notice of this, stating why it considers has acted unreasonably, and to make an order directing the LA to reconsider, 8.8 Where an LA proposes to name one of the Academies in a statement of SEN, The Secretary of State s determination will be final, subject to any right of naming the Academy. Educational Needs and Disability) or the Upper Tribunal Administrative Academy Trust considers that a LA should not have named the Academy in educational needs, including the admission of pupils with EHC plans. If an imposes duties directly on Academies in respect of pupils with special appeal which a parent of the child may have to the First Tier Tribunal (Special appeal to the Secretary of State, admit all pupils with a statement of SEN 7.D Not used. 7.C Not used 7.8 Not used 7.A Except as set out in clause S below, the Children and Families Act 2014 EHC plan means an Education, Health and Care plan made under sections 37(2) an EHC plan, it may ask the Secretary of State to determine whether the LA Act A The Academy Trust must for each of its Academies, subject to its right of Statement of SEN means a statement made under section 324 of the Education DISABILITIES 7. PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND 8. ADMISSION OF PUPILS WITH SEN AND DISABILITIES ANNEXES

68 Tribunal s decision will be binding, even if it is different from that of the Secretary of State. B.C Where it has been finally determined that the Academy be named in a child s statement of SEN, the Academy Trust must admit the child to the Academy, notwithstanding any other admissions requirements in this Agreement. 26 Apr112016v5 where admitting the child would be incompatible with the provision of efficient education for other children, and no reasonable steps could secure compatibility. In deciding whether a child s inclusion would be incompatible with the efficient education of other children or the efficient use of resources, the Academy Trust must have regard to the relevant Guidance issued to maintained schools. 8.C If the Academy Trust decides that admitting the child would be incompatible with the provision of efficient education or the efficient use of resources, it must, within the 15 days, notify the LA in writing, giving its reasons for its decision. 8.D The Academy Trust must then seek to establish from the LA whether or not it agrees with this determination. If the LA does not agree with the Academy Trust s response, and names the Academy in the child s statement of SEN, the Academy Trust must admit the child to the school as specified in the statement or otherwise by the LA. 8.E If in such case, the Academy Trust considers that the LA should not have named the Academy in the statement, it may ask the Secretary of State to determine whether the LA has acted unreasonably, and to make an order directing the LA to reconsider. The Secretary of State s determination will be final, subject only to any rightofappeal which a parent of ih öhild Thay have to the First-tier Tribunal (Special Educational Needs and Disability) or the Upper Tribunal Administrative Appeals Chamber. 8.F If a parent of a child for whom the LA maintains a statement appeals to the First-tier Tribunal (Special Educational Needs and Disability), either for or against the naming of the Academy in the child s statement, then the

69 April 2016 vs 29 Academies and Free Schools. ChHdren and Families Act 2014 relating to SEN and disability do not apply to 8.H Clauses 8.A to 8.G only apply insofar as the relevant provisions of the

70 Reference: DFE Follow us on Twitter: Like us on educationgovuk facebook.com/educationgovuk 30 April 2016 vs Department for Education Crown copyright 2014 You may re-use this documenvpubhcation (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence v2.0. Where we have identif led any third party copyright information you will need to obtain permission from the copyright holders concerned. To view this licence: Visit: ukldoc/open-government-licence/version/2 nationalarchives.gsi.gov.uk We welcome feedback. If you would like to make any comments about this publication, please AFSPD.feedback@education.gsi.gov.uk, quoting the title of this document. Specific project queries should be sent to the allocated project leadllead contact. About this publication: enquiries download

71 Schedule 3 Amended Supplemental Funding Agreement for SHIRLEY JUNIOR SCHOOL

72

73 Mainstream April 2016 funding agreement academy and free school: supplemental for Education Department

74 Termination by the Secretary of State after inspection 20 Termination by the Secretary of State 21 Funding and admission during notice period 21 Notice of intention to terminate by Academy Trust 22 2 April 2016 v5 Contents SUMMARY SHEET 4 Information about the Academy: 4 1. ESTABLISHING THE ACADEMY 8 Definitions and interpretation 8 The Academy 8 2. RUNNING OF THE ACADEMY 9 Teachers and staff 9 Pupils 9 SEN unit 9 Charging 9 Admissions 10 Curriculum GRANT FUNDING 13 Calculation of GAG 13 OtheTThlëVThttUnding LAND TERMINATION 19 Termination by either party 19 Termination Warning Notice 19

75 April 2016 vs 3 ANNEXES 27 The Master Agreement 25 Annexes 25 General OTHER CONTRACTUAL ARRANGEMENTS PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND DISABILITIES ADMISSION OF PUPILS WITH SEN AND DISABILITIES 27 Effect of termination 24

76 4 April 2016 vs SUMMARY SHEET Information about the Academy: Name of Academy Trust Hamwic Education Trust Company number Date of Master Funding Agreement 24 May 2017 Name of academy Shirley Junior School Opening date The Academy opened on 1 November2012 and will be operated by the Academy Trust from 1 December 2017 Type of academy (indicate whether Academy academy or free school) Religious designation NA Wholly or partly selective NA Name of predecessor school Shirley Junior School (where applicable) Capacity number 480 Age range 7toll Number of sixth form places NA Number of boarding places NA SEN unit I Resource provision NA Land arrangements Version 1 (Version 1-7 or other) Address and title number of Land Shirley Junior School, Bellemoor Road, Southampton. Title number HP

77 April 2016 vs 5 character character CE etc. rather than Christian there was a predecessor independent designated with a denominational religious unit 2.N Clause applies only to academies that were V 2.Yc) Sub-clause applies if the academy is V designated with a religious character designated with a religious character designated with a religious character 2.M Clause applies only to academies and free V 2.X Clause only applies where the academy has V 2.Y Clause applies where an academy was V 2.0 Clause applies only to academies that were V schools designated with a religious character 2.6 Clause does not apply to free schools (unless V independent school previously a VC or foundation school school), or new provision academies 2.A.1 Clause applies where an academy was V provision academies 2.C, 2.D Only applies where the academy has an SEN V 2.E Only applies where there was a predecessor V formerly wholly selective grammar schools 2.T Clause applies to free schools and new V 2.W Clause only applies where the academy is V not been designated with a religious formerly partially selective grammar schools provision academies designated with a religious character previously a VC school or foundation school 1.1 Only applies to free schools and new V Clause No. Descriptor Applied Not used used Please confirm which clause variations have been applied or marked as Not

78 6.H Clause only applies to schools which are designated with a Church of England or Roman Catholic character Please identity any other variations from the model that apply to this academy (e.g. clauses relating to PFI, or any required because the multi academy trust includes academies designated with different religious characters, or a 6 April 2016 v5 Clause No. Descriptor Applied Not used 3.A 3.F Option 1 applies to converter and sponsored academies: if used delete option 2 3.A 3.F Option 2 applies to free schools and new V provision academies: if used delete option 1 3.H Clause relating to Start-up only applies in V some cases (does not apply to academy converters) 3.J Clause only applies to full sponsored and V intermediate sponsored academies with approved Academy Action Plans 3.K Clause does not apply to free schools (unless V there was a predecessor independent school), or new provision academies 5.G.1 Clause applies only to a boarding V academy/free school. 5.1 Clause only applies to sponsored academies V 5.1< Clause applies to free schools and may be V applied to new provision academies 5.L Clause applies to tree schools and may be V applied to new provision academies applied to new provision academies &M Clause applies to free schools aftd may b - 5.N Clause applies to free schools and may be V applied to new provision academies 5.0 Clause applies to free schools and may be V applied to new provision academies

79 April 2016 vs 7 No. Descriptor Clause Applied Not used not): mixture of those designated with a religious character, and those which are Additional clauses will be supplied by your project lead if needed.

80 1.D The Interpretation Act 1978 applies to this Agreement as it applies to an Act of Parliament. 1.E Reference in this Agreement to clauses and annexes will, unless otherwise stated, be to clauses and annexes to this Agreement. The Academy 8 April 2016 vs 1. ESTABLISHING THE ACADEMY 1.A This Agreement made between the Secretary of State for Education and HAMWIC EDUCATION TRUST is supplemental to the master funding agreement made between the same parties and dated 24 May 2017 (the Master Agreement ). Definitions and interpretation 1.B Except as expressly provided in this Agreement words and expressions defined in the Master Agreement will have those same meanings in this Agreement. 1.C The following capitalised words and expressions whi have the foflowing meanings: The Academy means Shirley Junior School. Coasting has the meaning given by regulations under subsection (3) of section 6GB of the Education and Inspections Act 2006 in relation to a school to which that section applies. SEN means Special Educational Needs and the expressions special educational needs and special educational provision have the meaning set 21,11 liraections O(j and 21(2) of the Children and Families Act Termination Notice means a notice sent by the Secretary of State to the Academy Trust, terminating this Agreement on the date specified in the notice. Termination Warning Notice means a notice sent by the Secretary of State to the Academy Trust, stating his intention to terminate this Agreement.

81 April 2016 vs 9 SEN unit 2.C Not used. 2.E Not used. Pupils Charging 2.B The planned capacity of the Academy is 480 in the age range 7 to 11. The 2.D Not used. qualified or is otherwise eligible to plan and prepare lessons and courses for pupils, teach pupils, and assess and report on pupils development, progress 2.A Subject to clause 2.4 of the Master Agreement, 7.A of this Agreement and Teachers and staff 2. RUNNING OF THE ACADEMY accordance with any relevant Guidance, employ anyone it believes is suitably 1.1 Not used. with the Master Agreement and this Agreement. 2.A.1 Not used. Master Agreement. Academy Trust from 1 Deceber section 67 of the Children and Families Act 2014, the Academy Trust may, in Academy will be an all ability inclusive school. and attainment. 1.F The Academy is a Mainstream Academy as defined in clause 1.4 of the 1.G The Academy Trust will establish and maintain the Academy in accordance 1.H The Academy opened on 1 November 2012 and will be operated by the

82 2.K For the purposes of applying the pupil premium admission criterion only, sections 1.9(f) and 2.4(a) of the School Admissions Code do not apply insofar as they prevent admission authorities from giving priority to children according to the financial or occupational status of parents or using supplementary forms that ask for: 10 April 2016 vs Admissions 2.F Subiect to clauses 2.1< 2.L the Academy Trust will act in accordance with, and will ensure that its Independent Appeal Panel is trained to act in accordance with, the School Admissions Code and School Admission Appeals Code published by the DfE (the Codes ) and all relevant admissions law as they apply to foundation and voluntary aided schools, and with equalities law. Reference in the Codes or legislation to admission authorities will be deemed to be references to the Academy Trust. 2.G Pupils on roll in a Predecessor School which was a maintained or independent school will transfer automatically to the Academy on opening. All children already offered a place at that Predecessor School must be admitted to the Academy. 2.H The Academy Trust must participate in the local Fair Access Protocol. The Academy Trust must participate in the coordinated admission arrangements operated by the LA in whose area the Academy is situated. If the Academy is a free school, the Academy Trust is not required to participate in coordination for its first intake of pupils. 2.1 The Academy Trust may determine admission arrangements (subject to consultation in line with the Codes) that give priory fpç admission to. children. attracting the Pupil Premium, including the service premium (the pupil premium admission criterion ), but not above looked-after children and previously looked-after children. 2.J Where the Academy Trust applies the pupil premium admission criterion, it must provide information in its admission arrangements about eligibility for the premiums.

83 April 2016 v5 11 school attendance order as defined in section 437 of the Education Act Before doing so the Secretary of State will consultation requirements in relation to admission arrangements is that Trust. The arrangements for appeals must comply with the Codes as they apply to foundation and voluntary aided schools. The determination of the 2.Q Subject to clause 2.R, the meaning of relevant area for the purposes of described in the Codes) have the right to appeal to an Independent Appeal appeal panel is binding on all parties. Panel if they are dissatisfied with an admission decision of the Academy 2.0 Not used. 2.N Not used. 2.M Not used. unlawful. or has otherwise acted unlawfully; or has failed to act in accordance with the Codes or this Agreement ii. where in relation to a specific child or children the Academy Trust consult the Academy Trust; or i. following an application from an LA including complying with a responsibility for the child in question. the UK armed forces, and are exercising parental care and they do not comply with the Codes or this Agreement, or are otherwise 2.P The Academy Trust must ensure that parents and relevant children (as b) whether parents are sewing in the UK armed forces or were sewing in b) direct the Academy Trust to amend its admission arrangements where a) any personal details about their financial status; or 2.L The Secretary of State may: a) direct the Academy Trust to admit a named pupil to the Academy:

84 foundation or voluntary school, and as if references to religious education and religious worship in that section were references to the religious education and religious worship provided by the Academy in accordance with clause 2.X. 2.W Not used. 12 April 2016 vs determined by the relevant LA for maintained schools in the area in accordance with the Education (Relevant Areas for Consultation on Admission Arrangements) Regulations R If the Academy does not consider the relevant area determined by the LA for the maintained schools in the area to be appropriate, it must apply to the Secretary of State by 1 August before the academic year in question for a determination of the appropriate relevant area for the Academy, setting out the reasons for this view. The Secretary of State will consult the Academy Trust and the LA in whose area the Academy is situated in reaching a decision. 2.S The Office of the Schools Adjudicator ( OSA ) will consider objections to the Academy s admission arrangements (except objections against the agreed variations from the Codes specified at clause 2.K, over which it has no jurisdiction). The Academy Trust must therefore make it clear, when determining the Academy s admission arrangements, that objections should be submitted to the OSA. The OSA s determination of an objection is binding on the Academy and the Academy Trust must make appropriate changes to its admission arrangements as quickly as possible. 2.T Not used. Curriculum 2.U The Academy Trust must provide for the teaching of religious education and a daily act of collective worship at the Academy. 2.V The Academy Trust must comply with section 71(1 )-(6) and (8) of the School Standards and Framework Act 1998 as if the Academy were a community,

85 April 2016 vs 2.Y Not used. 13 Calculation of GAG at the Academy in accordance with the requirements for agreed the School Standards and Framework Act 1998 as if it were a and for bringing up children. The Academy Trust must also have regard to the maintained schools set out in the Education Act 1996, and have regard to any Guidance. 3. GRANT FUNDING and that they learn the nature of marriage and its importance for family life were a maintained school. Schedule. community, foundation or voluntary school which does not have a religious character, except that paragraph 4 of that Schedule does not 2.Z The Academy Trust must have regard to any Guidance, further to section 403 apply. The Academy may apply to the Secretary of State for consent children at the Academy are protected from inappropriate teaching materials b) the Academy must comply with section 70(1) of, and Schedule 20 to, of the Education Act 1996, on sex and relationship education to ensure that 2(5) of Schedule 19 to the School Standards and Framework Act 1998; to be relieved of the requirement imposed by paragraph 3(2) of that syllabuses in section 375(3) of the Education Act 1996 and paragraph balanced treatment of political issues, in line with the requirements for a) provision must be made for religious education to be given to all pupils Academies Act 2010): requirements in section 405 of the Education Act 1996, as if the Academy Standards and Framework Act 1998 or further to section 6(8) of the religious character (in accordance with section 1243 of the School 2.X Subject to clause 2.V, where the academy has not been designated with a 2.AA The Academy Trust must prevent political indoctrination, and secure the

86 3.1 The Secretary of State recognises that if a Termination Notice or a Termination Warning Notice is served, or the Master Agreement is otherwise terminated, the intake of new pupils during the notice period may decline and therefore payments based on the number of pupils attending the Academy may be insufficient to meet the Academy s needs. In these circumstances the Secretary of State may pay a larger GAG in the notice period, to enable the 14 April 2016 vs 3A-3D. Not used. 3.E The Secretary of State will calculate GAG based on the pupil count at the Academy. In order to calculate GAG for the Academy Financial Year in which the Academy opens, the pupil count will be determined on the same basis as that used by the relevant LA for determining the budget of the maintained Predecessor School. S.F For Academy Financial Years after that referred to in clause 3.E, the basis of the pupil count for determining GAG will be: a) for pupils in Year 11 and below, the Schools Census which is used to fund maintained schools for the financial year overlapping with the Academy Financial Year in question; and b) for pupils in Year 12 and above, the formula which is in use at the time for maintained schools. 3,G The Secretary of State may, at his discretion, adiust the basis of the pupil count to take account of any diseconomies of scale which may affect the Academy if it is operating below the planned capacity in clause 2.B. If such an adjustment is made in any Academy Financial Year, this will not change the basis of the pupil count for calculating the following Academy Financial Year s GAG. If the Secretaryof Stat hã i?idiããtéd Thai additional grant may be payable in such circumstances, the Academy Trust will bid for this additional grant based on need and providing appropriate supporting evidence. The Secretary of State may accept or refuse the bid at his discretion. 3.H Not used.

87 April 2016 vs 15 Undertakings (Protection of Employment) Regulations Such payment HP747392, which is to be the permanent site of the Academy. Agreement, or otherwise within 28 days of the transfer of the Land to for such a payment unless the Secretary of State confirms in writing that it wifl a) within 28 days of the signing of this Agreement in circumstances where ability to use the Land for the purposes of the Academy. 4.A The Academy Trust must: Restrictions on Land transfer issued by any competent authority which materially affects the Academy Trust s Southampton S015 XE, being part of the land registered with title number Land means the freehold land at Shirley Junior School, Bellemoor Road, Notice under this Agreement, or otherwise terminates the Master Agreement, Secretary of State has served a Termination Notice or a Termination Warning 4. LAND 3.L Any additional grant made in accordance with clause 3.!, for a period after the Carrying forward of funds be paid. may be carried forward without limitation or deduction until the circumstances will be agreed on a case-by-case basis. The Academy Trust must not budget 3.K The Secretary of State may pay the Academy Trust s costs in connection with Other relevant funding set out in clause 3.1 cease to apply or the Academy closes. Property Notice means any order, notice, proposal, demand or other requirement Academy to operate effectively. 3.J Not used. the transfer of employees from a Predecessor School under the Transfer of the Land is transferred to the Academy Trust prior to the date of this

88 4.C The Academy Trust must not, without the Secretary of State s consent: a) grant any consent or licence; or b) create or allow any encumbrance; or c) part with or share possession or occupation; or d) enter into any onerous or restrictive obligations, 16 April 2016 vs the Academy Trust, apply to the Land Registry using Form RX1 for the following restriction (the Restriction ) to be entered in the proprietorship register for the Land: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the Secretanj of State for Education, of Sanctuary Buildings, Great Smith Street London SW1P 3BT; b) take any further steps reasonably required to ensure that the Restriction is entered on the proprietorship register; c) promptly confirm to the Secretary of State when the Restriction has been registered; d) if it has not registered the Restriction, permit the Secretary of State to do so in its place; and e3 not, without the Secretary of State s consent, apply to disapply, modify, cancel or remove the Restriction, whether by itself, a holding company, a subsidiary company, or a receiver, administrator or liquidator acting in the name of the Academy Trust. Obligations of the Ac4çpy Tmfl 4.B The Academy Trust must keep the Land clean and tidy and make good any damage or deterioration to the Land. The Academy Trust must not do anything to lessen the value or marketability of the Land without the Secretary of State s consent.

89 April 2016 v5 a) must, within 14 days after acquiring the Land or, if later, after signing to be entered in the register, taking any further steps required to have 17 may apply to secure the registration. State may apply to register it using Form UN1; send the Secretary of State a copy of the relevant entry within 7 days considers that the Academy Trust has not complied with this clause, he copy of this Agreement) for a notice of the Option (the Option Notice ) after the registration has been completed. If the Secretary of State of State when this has been done; b) if it has not registered the Option Notice, agrees that the Secretary of Commercial Property in force at that date. 4.E The Academy Twst: date in accordance with the Law Society s Standard Conditions of Sale for the Option is exercised, completion will take place 28 days after the exercise the Option Notice registered and promptly confirming to the Secretary register a Class C(iv) land charge in the Land Charges Registry, and acquiring the Land or, if later, after signing this Agreement, apply to liquidator acting in the name of the Academy Trust, and company, a subsidiary company, or a receiver, administrator or of State may exercise the Option in writing on termination of this Agreement. If c) must not, without the Secretary of State s consent, apply to disapply, d) must, in the case of previously unregistered land, within 14 days after Option ) to acquire all or part of the Land at nil consideration. The Secretary this Agreement, apply to the Land Registry on Form AN1 (including a 4.D The Academy Trust grants and the Secretary of State accepts an option (the modify or remove the Option Notice, whether by itself, a holding Option Option Notice in respect of all or part of the Land.

90 Academy Trust must use its best endeavours to procure all necessary consents in order to enable it to share occupation of the Land with the incoming Academy Trust and to provide the incoming Academy Trust with security of tenure over the Land occupied by it, and shall enter into any legal arrangements which the Secretary of State requires for this purpose. The Secretary of State shall meet the necessary and reasonable costs incurred by 18 April 2016 v5 Property Notices 4.F If the Academy Trust receives a Property Notice, it must: a) send a copy of itto the Secretary of State within 14 days, stating how the Academy Trust intends to respond to it; b) promptly give the Secretary of State all the information he asks for about it; c) allow the Secretary of State to take all necessary action, with or instead of the Academy Trust, to comply with it, and d) use its best endeavours to help the Secretary of State in connection with it. Sharing the Land 4.G Where: a) the Secretary of State identifies basic or parental need for additional places in the area in which the Academy is situated; and b) the Secretary of State then considers that not all the Land is needed for the operation of the Academy at planned capacity, The Secretary of must consult with. the.academy Trustlo determine whether part of the Land could be demised or leased to another Academy Trust, as the Secretary of State considers appropriate, for the purpose of that Academy Trust establishing and maintaining an educational institution on the Land. 4.H To the extent the Academy Trust and the Secretary of State agree to part of the Land being demised or leased in accordance with clause 4.G, the

91 April 2016 v5 19 discipline; or c) planned capacity has the meaning given in clause 2.B. c) there has been a serious breakdown in the way the Academy is d) the safety of pupils or staff is threatened, including due to breakdown of managed or governed; or unacceptably low; or 5.A Either party may give at least seven Academy Financial Years notice to Termination by either party 5. TERMINATION additional demand for pupil places in the area where the Academy is b) a parental need will arise when the DfE is actually aware of an b) the standards of performance of pupils at the Academy are considers that: 5.B The Secretary of State may serve a Termination Warning Notice where he Termination Warning Notice capacity to provide them; area where the Academy is situated is greater than the existing a) a basic need will arise when the forecast demand for pupil places in the a) the Academy Trust has breached the provisions of this Agreement or 4.1 For the purposes of clause 4.G: the Academy Trust in connection with this clause. situated, following representations from parents in that area; and terminate this Agreement. Such termination would take effect on 31 August of the relevant year. the Master Agreement; or

92 b) the Academy requires significant improvement the Secretary of State may serve a Termination Warning Notice, specifying the date by which the Academy Trust must make any representations. 5.G In deciding whether to give notice of his intention to terminate under clause 5.F, the Secretary of State will have due regard to the overall performance of the Academy Trust. 20 April 2016 vs e) the Academy is coasting provided he has notified the Academy Trust that it is coasting. S.C A Termination Warning Notice sewed under clause 5.8 will specify: a) the action the Academy Trust must take; b) the date by which the action must be completed; and c) the date by which the Academy Trust must make any representations, or confirm that it agrees to undertake the specified action. 5.D The Secretary of State will consider any representations from the Academy Trust which he receives by the date specified in the Termination Warning Notice. The Secretary of State may amend the Termination Warning Notice to specify further action which the Academy Trust must take, and the date by which it must be completed. 5.E If the Secretary of State considers that the Academy Trust has not responded to the Termination Warning Notice as specified under clause 5.C(c), or has not completed the action required in the Termination Warnin9 Notice as specified under clauses 5.C(a) and (b) (and any further action specified under clause 5.D) he may serve a Termination Notice. Termination bythe S?taF9r f State after inspection S.F If the Chief Inspector gives notice to the Academy Trust that: a) special measures are required to be taken in relation to the Academy; or

93 April 2016 vs 21 determination is pending, he may serve a Termination Notice. continue during the notice period to admit pupils to the Academy (unless the 5.Q If the Secretary of State serves a Termination Warning Notice or a Termination Notice otherwise than under clause 5.A, the Academy Trust may Academy, and to receive GAG and EAG, in accordance with this Agreement. 5.J If the Secretary of State has determined that the Academy will be removed 5.P If the Secretary of State serves a Termination Notice under clause 5.A, the Academy Trust may continue during the notice period to admit pupils to the Funding and admission during notice period 5.0 Not used. 5.N Not used. 5.M Not used. 5.L Not used. from the Register of Independent Schools and no appeal against that 5.1 Not used. he may serve a Termination Notice. remains satisfied that this Agreement should be terminated; b) having considered the representations made by the Academy Trust date specified in the notice; or Termination by the Secretary of State a) has not received any representations from the Academy Trust by the clause 5.F and: 5.H If the Secretary of State has served a Termination Warning Notice under 5.K Not used. 5.G.1 Not used.

94 ii. any professional accounting advice the Academy Trust has received; Hi. a detailed statement of steps which the Academy Trust proposes to take to ensure that the running costs of the Academy are reduced such that costs are less than the Funding Allocation and All Other Resources, and the period of time within which such 22 April 2016 v5 Secretary of State specifies otherwise), and to receive GAG and EAG, in accordance with this Agreement. Notice of intention to terminate by Academy Trust 5.R The Secretary of State will, before the start of each Academy Financial Year, provide the Academy Trust with a final funding allocation indicating the level of GAG and EAG to be provided in the next Academy Financial Year (the Funding Allocation ). 5.S If the Academy Trust is of the opinion that, after receipt of the Funding Allocation for the next Academy Financial Year (the Critical Year ) and after taking into account all other resources likely to be available to the Academy, including other funds that are likely to be available to the Academy from other academies operated by the Academy Trust ( All Other Resources ), it is likely that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent (and for this reason only) then the Academy Trust may give written notice of its intention to terminate this Agreement on 31 August before the Critical Year. 5.T Any notice given by the Academy Trust under clause 5.S must be provided to the Secretary of State within six weeks of the Secretary of State issuing the Funding Allocation. The notice given by the Aggmy Trust under clause 5S must specify: a) the grounds upon which the Academy Trust s opinion is based, including: i. evidence of those grounds;

95 April 2016 vs be requested to specify in his determination the amount of the shortfall in 23 Academies Trust (or any successor or equivalent body). The educational specialist will be appointed by the Chairman of the Specialist Schools and issues arising from the budget management of schools. If the parties fail to parties) as to whether the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent, then that question advice from an educational specialist who is professionally familiar with the 5.X The Expert will be required in reaching his determination to take account of The Expert s fees will be borne equally between the parties. President of the Institute of Chartered Accountants in England and Wales. experience of educational institutions or academies. If the parties fail to agree 5.W The Expert will be an insolvency practitioner with significant professional will be referred to an independent expert (the Expert ) for resolution. The 5.V If no agreement is reached by 30 April (or another date if agreed between the solution to the problem. pupils at the Academy and use their best endeavours to agree a practical Expert s determination will be final and binding on both parties. The Expert will constructive dialogue at the time about how best to provide education for the to become insolvent. Both parties recognise that they will need to engage in a running the Academy during the Critical Year would cause the Academy Trust funding (the Shortfall ). upon the appointment of the Expert then the Expert will be appointed by the 5.U Both parties will use their best endeavours to agree whether or not the cost of c) a detailed budget of income and expenditure for the Academy during Other Resources expected to be available to the Academy Trust to run the Academy and the proiected expenditure on the Academy; and the Critical Year (the Projected Budget ). b) the shortfall in the Critical Year between the Funding Allocation and All steps will be taken; and agree upon the appointment of the educational specialist then the educational

96 a) staff compensation and redundancy payments; b) compensation payments in respect of broken contracts; c) expenses of disposing of assets or adapting them for other purposes; d) legal and other professional fees; and 24 April 2016 vs specialist s fees will be borne equally between the parties. 5.Y If the Expert determines that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent, and the Secretary of State will not have agreed to provide sufficient additional funding to cover the Shortfall, then the Academy Trust wifl be entitled to terminate this Agreement, by notice expiring on 31 August before the Critical Year. Any such notice will be given within 21 days after (a) the Experts determination will have been given to the parties or (b), if later, the Secretary of State will have given written notice of his refusal to provide sufficient additional funding for the Academy to cover the Shortfall. Effect of termination 5.Z If this Agreement is terminated, the Academy will cease to be an Academy within the meaning of sections 1 and 1 A of the Academies Act AA Subject to clauses 5.BB and 5.CC, if the Secretary of State terminates this Agreement under clause 5.A, he will indemnify the Academy Trust. If the Secretary of State terminates this Agreement otherwise than under clause 5.A, he may at his discretion indemnify or compensate the Academy Trust. 5.BB The amount of any such indemnity or compensation will be determined by the Secretary at State, hviii Tha?d fo representations made to him by the Academy Trust, and will be paid as and when the Secretary of State considers appropriate. 5.CC The categories of expenditure incurred by the Academy Trust in consequence of termination, for which the Secretary of State may indemnify the Academy Trust under clauses 5.AA, may include:

97 April 2016 vs which have been partly or wholly funded by HM Government, the Academy 6.B Except as expressly provided in this Agreement, all provisions of the Master 25 General nominee of the Secretary of State to use for educational purposes; or Agreement have full force and effect. Agreement. The Master Agreement 6.A Any annexes to this Agreement form part of and are incorporated into this Annexes 6. OTHER CONTRACTUAL ARRANGEMENTS relevant LA. its charitable purposes; or Academy Trust obtains his permission to invest the sale proceeds for subsequent disposal) a sum equivalent to the proportion of the original by agreement with the Secretary of State, at the date of their not required, pay to the Secretary of State at the termination date (or, financial contribution made by HM Government. 5.EE The Secretary of State may: b) if the Secretary of State directs that a transfer under clause 5.DD(a) is b) direct the Academy Trust to pay all or part of the sale proceeds to the the original financial contribution made by HM Government, to a a) transfer a proportion of those capital assets, equal to the proportion of a) Waive all or part of the repayment due under sub-clause 5.DD(b) if the Trust must, as soon as possible after the termination date: 5.DD If this Agreement is terminated, and the Academy Trust owns capital assets e) dissolution expenses.

98 26 April 2016 v5 6.C The Academy Trust cannot assign this Agreement. 6.D Failure to exercise, or a delay in exercising, any right or remedy of the Secretary of State under this Agreement (including the right to terminate this Agreement), or a single or partial exercise of such a right or remedy, is not a waiver of, and does not prevent or restrict any initial or further exercise of, that or any other right or remedy. 6.E Termination of this Agreement will not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination. 6.F This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all of which will together constitute the same agreement. 6.G This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and submitted to the exclusive jurisdiction of the courts of England and Wales. 6.H Not used.

99 ENC plan means an Education, Health and Care plan made under sections 37(2) 27 7.B Not used 7.D Not used. 7.C Not used of the Children and Families Act Act DISABILITIES 7. PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND ANNEXES April 2016 v5 of the LA s notice, the Academy Trust must consent to being named, except that Academy to be suitable for the pupil in question. Within 15 days of receipt it must give the Academy Trust written notice of this, stating why it considers 8.B Where an LA proposes to name one of the Academies in a statement of SEN, naming the Academy. appeal to the Secretary of State, admit all pupils with a statement of SEN 8.A The Academy Trust must for each of its Academies, subject to its right of 8. ADMISSION OF PUPILS WITH SEN AND DISABILITIES has acted unreasonably, and to make an order directing the LA to reconsider. appeal which a parent of the child may have to the First Tier Tribunal (Special an EHC plan, it may ask the Secretary of State to determine whether the LA Academy Trust considers that a LA should not have named the Academy in Educational Needs and Disability) or the Upper Tribunal Administrative imposes duties directly on Academies in respect of pupils with special educational needs, including the admission of pupils with EHC plans. If an The Secretary of State s determination will be final, subject to any right of Appeals Chamber. 7.A Except as set out in clause 8 below, the Children and Families Act 2014 Statement of SEN means a statement made under section 324 of the Education

100 Tribunal s decision will be binding, even if it is different from that of the Secretary of State. 8.G Where it has been finally determined that the Academy be named in a child s statement of SEN, the Academy Trust must admit the child to the Academy, notwithstanding any other admissions requirements in this Agreement. 28 April 2016 vs where admitting the child would be incompatible with the provision of efficient education for other children, and no reasonable steps could secure compatibility. In deciding whether a child s inclusion would be incompatible with the efficient education of other children or the efficient use of resources, the Academy Trust must have regard to the relevant Guidance issued to maintained schools. B.C lithe Academy Trust decides that admitting the child would be incompatible with the provision of efficient education or the efficient use of resources, it must, within the 15 days, notify the LA in writing, giving its reasons for its decision. 8.0 The Academy Trust must then seek to establish from the LA whether or not it agrees with this determination. If the LA does not agree with the Academy Trust s response, and names the Academy in the child s statement of SEN, the Academy Trust must admit the child to the school as specified in the statement or otherwise by the LA. 8.E If in such case, the Academy Trust considers that the LA should not have named the Academy in the statement, it may ask the Secretary of State to determine whether the LA has acted unreasonably, and to make an order directing the LA to reconsider. The Secretary of State s determination will be final1 subjeet onlyioany rightotappeal whlc[ia parentöfthë ãhild may have to the First-tier Tribunal (Special Educational Needs and Disability) or the Upper Tribunal Administrative Appeals Chamber. B.F If a parent of a child for whom the LA maintains a statement appeals to the First-tier Tribunal (Special Educational Needs and Disability), either for or against the naming of the Academy in the child s statement, then the

101 29 April 2016 vs Academies and Free Schools. Children and Families Act 2014 relating to SEN and disability do not apply to 8.H Clauses 8.A to 8.G only apply insofar as the relevant provisions of the

102 download Reference: OFE Follow us on Twitter: Like us on educationgovuk facebook.com/educationgovuk 30 April 2016 vs -I - Department for Education crown copyright 2014 You may re-use this document publication (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence v2.0. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. To view this licence: Visit: nationalarchives.gsi.gov.uk We welcome feedback. If you would like to make any comments about this publication, please AFSPD.feedback@education.gsi.gov.uk, quoting the title of this document. Specific project queries should be sent to the allocated project lead/lead contact. About this publication: enquiries

103 Schedule 4 Amended Supplemental Funding Agreement for HOLLYBROOK INFANT SCHOOL

104

105 ± Department for Education Mainstream academy and free school: supplemental funding agreement April 2016

106 Termination by the Secretary of State after inspection 20 Termination by the Secretary of State 21 Funding and admission during notice period 21 Notice of intention to terminate by Academy Trust 22 2 April 2016 vs Contents SUMMARY SHEET 4 Information about the Academy: 4 1. ESTABLISHING THE ACADEMY 8 Definitions and interpretation 8 The Academy 8 2. RUNNINGOFTHEACADEMY 9 Teachers and staff 9 Pupils 9 SEN unit 9 Charging 9 Admissions 10 Curriculum GRANT FUNDING 13 Calculation of GAG 13 OthW?ëVãnt funding LAND TERMINATION 19 Termination by either party 19 Termination Warning Notice 19

107 April 2016 vs Annexes 25 General 25 The Master Agreement OTHER CONTRACTUAL ARRANGEMENTS PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND DISABILITIES 27 3 Effect of termination 24 ANNEXES ADMISSION OF PUPILS WITH SEN AND DISABILITIES 27

108 4 April 2016 vs SUMMARY SHEET Information about the Academy: Name of Academy Trust Hamwic Education Trust Company number Date of Master Funding Agreement 24 May 2017 Name of academy Hollybrook Infant School Opening date The Academy opened on 1 November 2012 and will be operated by the Academy Trust from 1 December2017 Type of academy (indicate whether Academy academy or free school) Religious designation NA Wholly or partly selective NA Name of predecessor school Hollybrook Infant School (where applicable) Capacity number 180 Age range 4to7 Number of sixth form places NA Number of boarding places NA SEN unit! Resource provision NA Land arrangements Version 1 (Version 1-7 or other) Address and title number of Land Hollybrook Infants School, Seagarth Close, Southampton. Title number HP757156

109 April 2016 vs 5 etc. rather than Christian CE designated with a religious character previously a VC or foundation school 2.A.1 Clause applies where an academy was V provision academies 1.1 Only applies to free schools and new V Clause No. Descriptor Applied Not used used Please confirm which clause variations have been applied or marked as Not character designated with a denominational religious 2.Yc) Sub-clause applies if the academy is V designated with a religious character previously a VC school or foundation school 2.Y Clause applies where an academy was V character not been designated with a religious 2.X Clause only applies where the academy has V designated with a religious character 2.W Clause only applies where the academy is V provision academies designated with a religious character 2.T Clause applies to free schools and new V formerly partially selective grammar schools 2.0 Clause applies only to academies that were V formerly wholly selective grammar schools 2.N Clause applies only to academies that were V schools designated with a religious character 2.M Clause applies only to academies and free V school), or new provision academies there was a predecessor independent 2.G Clause does not apply to free schools (unless V independent school 2.E Only applies where there was a predecessor V 2.C, 2.D Only applies where the academy has an SEN V u n it

110 6.H Clause only applies to schools which are V designated with a Church of England or Roman Catholic character Please identify any other variations from the model that apply to this academy (e.g. clauses relating to PR, or any required because the multi academy trust includes academies designated with different religious characters, or a 6 April 2016 v5 Clause No. Descriptor Applied Not used Option 1 applies to converter and sponsored 3.F 3.A academies: if used delete option 2 3.A 3.F Option 2 applies to free schools and new V provision academies: if used delete option 1 3.H Clause relating to Start-up only applies in some cases (does not apply to academy converters) 3..I Clause only applies to full sponsored and V intermediate sponsored academies with approved Academy Action Plans 3.K Clause does not apply to free schools (unless there was a predecessor independent school), or new provision academies 5.G.1 Clause applies only to a boarding / academy/free school. 5.1 Clause only applies to sponsored academies V 5.K Clause applies to free schools and may be V applied to new provision academies 5.L Clause applies to tree schools and may be applied to new provision academies 5.M Clause applies to free schools and V applied to new provision academies 5.N Clause applies to free schools and may be V applied to new provision academies 5.0 Clause applies to free schools and may be V applied to new provision academies

111 7 No. Descriptor Clause Applied Not used Additional clauses will be supplied by your project lead if needed. not): April 2016 vs mixture of those designated with a religious character, and those which are

112 1.D The Interpretation Act 1978 applies to this Agreement as it applies to an Act of Parliament. 1.E Reference in this Agreement to clauses and annexes will, unless otherwise stated, be to clauses and annexes to this Agreement. The Academy 8 April 2016 vs 1. ESTABLISHING THE ACADEMY 1.A This Agreement made between the Secretary of State for Education and HAMWIC EDUCATION TRUST is supplemental to the master funding agreement made between the same parties and dated 24 May 2017 (the Master Agreement ). Definitions and interpretation 1 B Except as expressly provided in this Agreement words and expressions defined in the Master Agreement will have those same meanings in this Agreement. 1.C The following capitalised words and expressions will have the following meanings: The Academy means Hollybrook Infant School. Coasting has the meaning given by regulations under subsection (3) of section 60B of the Education and Inspections Act 2006 in relation to a school to which that section applies. SEN means Special Educational Needs and the expressions special educational needs and special educational provision have the meaning set out in sections 2U(1) and(j of the Children and Families Act Termination Notice means a notice sent by the Secretary of State to the Academy Trust, terminating this Agreement on the date specified in the notice. Termination Warning Notice means a notice sent by the Secretary of State to the Academy Trust, stating his intention to terminate this Agreement.

113 April 2016 vs 9 2.E Not used. Charging 2.D Not used. 2.C Not used. SEN unit 2.B The planned capacity of the Academy is 180 in the age range 4 to 7. The Pupils 2.A.1 Not used. and attainment. qualified or is otherwise eligible to plan and prepare lessons and courses for pupils, teach pupils, and assess and report on pupils development, progress accordance with any relevant Guidance, employ anyone it believes is suitably 2.A Subject to clause 2.4 of the Master Agreement, 7.A of this Agreement and Teachers and staff 2. RUNNING OF THE ACADEMY 1.1 Not used. Academy Trust from 1 Deceber H The Academy opened on 1 November 2012 and will be operated by the with the Master Agreement and this Agreement. Master Agreement. section 67 of the Children and Families Act 2014, the Academy Trust may, in Academy will be an all ability inclusive school. 1.F The Academy is a Mainstream Academy as defined in clause 1.4 of the 1.G The Academy Trust will establish and maintain the Academy in accordance

114 2.K For the purposes of applying the pupil premium admission criterion only, sections 1.9(f) and 2.4(a) of the School Admissions Code do not apply insofar as they prevent admission authorities from giving priority to children according to the financial or occupational status of parents or using supplementary forms that ask for: 10 April 2016 vs Admissions 2.F Subject to clauses 2.K 2.L the Academy Trust will act in accordance with, and will ensure that its Independent Appeal Panel is trained to act in accordance with, the School Admissions Code and School Admission Appeals Code published by the DfE (the Codes ) and all relevant admissions law as they apply to foundation and voluntary aided schools, and with equalities law. Reference in the Codes or legislation to admission authorities will be deemed to be references to the Academy Trust. 2.G Pupils on roll in a Predecessor School which was a maintained or independent school will transfer automatically to the Academy on opening. All children already offered a place at that Predecessor School must be admitted to the Academy. 2.H The Academy Trust must participate in the local Fair Access Protocol. The Academy Trust must participate in the coordinated admission arrangements operated by the LA in whose area the Academy is situated, If the Academy is a free school, the Academy Trust is not required to participate in coordination for its first intake of pupils. 2.1 The Academy Trust may determine admission arrangements (subject to consultation in line with the Codes) that give prbry fr admission to children attracting the Pupil Premium, including the service premium (the pupil premium admission criterion ), but not above looked-after children and previously looked-after children. 2.J Where the Academy Trust applies the pupil premium admission criterion, it must provide information in its admission arrangements about eligibility for the premiums.

115 April 2016 vs 11 school attendance order as defined in section 437 of the Education Act Before doing so the Secretary of State will consultation requirements in relation to admission arrangements is that Trust. The arrangements for appeals must comply with the Codes as they 2.Q Subject to clause 2.R, the meaning of relevant area for the purposes of appeal panel is binding on all parties. or has otherwise acted unlawfully; or has failed to act in accordance with the Codes or this Agreement ii. where in relation to a specific child or children the Academy Trust consult the Academy Trust; or i. following an application from an LA including complying with a responsibility for the child in question. apply to foundation and voluntary aided schools. The determination of the described in the Codes) have the right to appeal to an Independent Appeal 2.0 Not used. 2.N Not used. unlawful. the UK armed forces, and are exercising parental care and they do not comply with the Codes or this Agreement, or are otherwise 2.P The Academy Trust must ensure that parents and relevant children (as Panel if they are dissatisfied with an admission decision of the Academy b) whether parents are serving in the UK armed forces or were serving in b) direct the Academy Trust to amend its admission arrangements where a) any personal details about their financial status; or 2.L The Secretary of State may: a) direct the Academy Trust to admit a named pupil to the Academy: 2.M Not used.

116 foundation or voluntary school, and as if references to religious education and religious worship in that section were references to the religious education and religious worship provided by the Academy in accordance with clause 2.X. 2.W Not used. 12 April 2016 vs determined by the relevant LA for maintained schools in the area in accordance with the Education (Relevant Areas for Consultation on Admission Arrangements) Regulations R If the Academy does not consider the relevant area determined by the LA for the maintained schools in the area to be appropriate, it must apply to the Secretary of State by 1 August before the academic year in question for a determination of the appropriate relevant area for the Academy, setting out the reasons for this view. The Secretary of State will consult the Academy Trust and the LA in whose area the Academy is situated in reaching a decision. 2.S The Office of the Schools Adjudicator ( OSA ) will consider objections to the Academy s admission arrangements (except objections against the agreed variations from the Codes specified at clause 2.K, over which it has no jurisdiction). The Academy Trust must therefore make it clear, when determining the Academy s admission arrangements, that objections should be submitted to the OSA. The OSA s determination of an objection is binding on the Academy and the Academy Trust must make appropriate changes to its admission arrangements as quickly as possible. 2.T Not used. Curriculum 2.U The Academy Trust must provide for the teaching of religious education and a daily act of collective worship at the Academy. 2.V The Academy Trust must comply with section 71(1 )-(6) and (8) of the School Standards and Framework Act 1998 as if the Academy were a community,

117 April 2016 vs Calculation of GAG the School Standards and Framework Act 1998 as it it were a and that they learn the nature of marriage and its importance for family life and for bringing up children. The Academy Trust must also have regard to the Guidance. 3. GRANT FUNDING maintained schools set out in the Education Act 1996, and have regard to any b) the Academy must comply with section 70(1) of, and Schedule 20 to, 2(5) of Schedule 19 to the School Standards and Framework Act 1998; syllabuses in section 375(3) of the Education Act 1996 and paragraph Schedule. balanced treatment of political issues, in line with the requirements for were a maintained school. requirements in section 405 of the Education Act 1996, as if the Academy of the Education Act 1996, on sex and relationship education to ensure that 2.Y Not used. at the Academy in accordance with the requirements for agreed community, foundation or voluntary school which does not have a religious character, except that paragraph 4 of that Schedule does not children at the Academy are protected from inappropriate teaching materials apply. The Academy may apply to the Secretary of State for consent 2.Z The Academy Trust must have regard to any Guidance, further to section 403 a) provision must be made for religious education to be given to all pupils Academies Act 2010): Standards and Framework Act 1998 or further to section 6(8) of the religious character (in accordance with section 124B of the School 2.X Subject to clause 2.V, where the academy has not been designated with a to be relieved of the requirement imposed by paragraph 3(2) of that 2.AA The Academy Trust must prevent political indoctrination, and secure the 13

118 3.1 The Secretary of State recognises that if a Termination Notice or a Termination Warning Notice is served, or the Master Agreement is otherwise terminated, the intake of new pupils during the notice period may decline and therefore payments based on the number of pupils attending the Academy may be insufficient to meet the Academy s needs. In these circumstances the Secretary of State may pay a larger GAG in the notice period, to enable the 14 April 2016 vs 3A-SD. Not used. 3.E The Secretary of State will calculate GAG based on the pupil count at the Academy. In order to calculate GAG for the Academy Financial Year in which the Academy opens, the pupil count will be determined on the same basis as that used by the relevant LA for determining the budget of the maintained Predecessor School. 3.F For Academy Financial Years after that referred to in clause 3.E, the basis of the pupil count for determining GAG will be: a) for pupils in Year 11 and below, the Schools Census which is used to fund maintained schools for the financial year overlapping with the Academy Financial Year in question; and b) for pupils in Year 12 and above, the formula which is in use at the time for maintained schools. 3.G The Secretary of State may, at his discretion, adjust the basis of the pupil count to take account of any diseconomies of scale which may affect the Academy if it is operating below the planned capacity in clause 2.B. If such an adjustment is made in any Academy Financial Year, this will not change the basis of the pupil count for calculating the following Academy Financial Year s GAGV If- the Secretary of State has indicateti That a&littoi5âl granf may be payable in such circumstances, the Academy Trust will bid for this additional grant based on need and providing appropriate supporting evidence. The Secretary of State may accept or refuse the bid at his discretion. 3.H Not used.

119 April 2016 vs 15 Undertakings (Protection of Employment) Regulations Such payment Agreement, or otherwise within 28 days of the transfer of the Land to ability to use the Land for the purposes of the Academy. a) within 28 days of the signing of this Agreement in circumstances where Southampton, being the land registered with title number HP757156, which is to be be paid. may be carried forward without limitation or deduction until the circumstances Land means the freehold land at Hollybrook Infants School, Seagarth Close, Notice under this Agreement, or otherwise terminates the Master Agreement, IL Any additional grant made in accordance with clause 3.1, for a period after the Carrying forward of funds Secretary of State has served a Termination Notice or a Termination Warning 4. LAND for such a payment unless the Secretary of State confirms in writing that it will will be agreed on a case-by-case basis. The Academy Trust must not budget 3.K The Secretary of State may pay the Academy Trust s costs in connection with 4.A The Academy Trust must: Restrictions on Land transfer issued by any competent authority which materially affects the Academy Trust s Property Notice means any order, notice, proposal, demand or other requirement Other relevant funding set out in clause 3.1 cease to apply or the Academy closes. Academy to operate effectively. 3.J Not used. the transfer of employees from a Predecessor School under the Transfer of the permanent site of the Academy. the Land is transferred to the Academy Trust prior to the date of this

120 4.C The Academy Trust must not, without the Secretary of State s consent: a) grant any consent or licence; or b) create or allow any encumbrance; or c) part with or share possession or occupation; or d) enter into any onerous or restrictive obligations, 16 April 2016v5 the Academy Trust, apply to the Land Registry using Form RX1 for the following restriction (the Restriction ) to be entered in the proprietorship register for the Land: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the Secretary of State for Education, of Sanctuary Buildings, Great Smith Street, London SW1P 3BT, b) take any further steps reasonably required to ensure that the Restriction is entered on the proprietorship register; c) promptly confirm to the Secretary of State when the Restriction has been registered; d) if it has not registered the Restriction, permit the Secretary of State to do so in its place; and e) not, without the Secretary of State s consent, apply to disapply, modify, cancel or remove the Restriction, whether by itself, a holding company, a subsidiary company, or a receiver, administrator or liquidator acting in the name of the Academy Trust. Obligations of the Acadçy Triit 4.8 The Academy Trust must keep the Land clean and tidy and make good any damage or deterioration to the Land. The Academy Trust must not do anything to lessen the value or marketability of the Land without the Secretary of State s consent.

121 April 2016 vs a) must, within 14 days after acquiring the Land or, if later, after signing to be entered in the register, taking any further steps required to have 17 Commercial Property in force at that date. copy of this Agreement) for a notice of the Option (the Option Notice ) date in accordance with the Law Society s Standard Conditions of Sale for the Option is exercised, completion will take place 28 days after the exercise of State may exercise the Option in writing on termination of this Agreement. If Option ) to acquire all or part of the Land at nil consideration. The Secretary this Agreement, apply to the Land Registry on Form AN1 (including a 4.E The Academy Trust: acquiring the Land or, if later, after signing this Agreement, apply to may apply to secure the registration. b) if it has not registered the Option Notice, agrees that the Secretary of of State when this has been done; the Option Notice registered and promptly confirming to the Secretary considers that the Academy Trust has not complied with this clause, he company, a subsidiary company, or a receiver, administrator or after the registration has been completed. If the Secretary of State send the Secretary of State a copy of the relevant entry within 7 days register a Class Cçv) land charge in the Land Charges Registry, and d) must, in the case of previously unregistered land, within 14 days after liquidator acting in the name of the Academy Trust, and modify or remove the Option Notice, whether by itself, a holding c) must not, without the Secretary of State s consent, apply to disapply, 4.D The Academy Trust grants and the Secretary of State accepts an option (the Option Option Notice State may apply to register it using Form UN1; in respect of all or part of the Land.

122 Academy Trust must use its best endeavours to procure all necessary consents in order to enable it to share occupation of the Land with the incoming Academy Trust and to provide the incoming Academy Trust with security of tenure over the Land occupied by it, and shall enter into any legal arrangements which the Secretary of State requires for this purpose. The Secretary of State shall meet the necessary and reasonable costs incurred by 18 April 2016 v5 Property Notices 4.F If the Academy Trust receives a Property Notice, it must: a) send a copy of it to the Secretary of State within 14 days, stating how the Academy Trust intends to respond to it; b) promptly give the Secretary of State all the information he asks for about it; c) allow the Secretary of State to take all necessary action, with or instead of the Academy Trust, to comply with it, and d) use its best endeavours to help the Secretary of State in connection with it. Sharing the Land 4.G Where: a) the Secretary of State identifies basic or parental need for additional places in the area in which the Academy is situated; and b) the Secretary of State then considers that not all the Land is needed for the operation of the Academy at planned capacity, The Secretary of State m cpnsult with the Academy Trustto determine whether part of the Land could be demised or leased to another Academy Trust, as the Secretary of State considers appropriate, for the purpose of that Academy Trust establishing and maintaining an educational institution on the Land. 4.H To the extent the Academy Trust and the Secretary of State agree to part of the Land being demised or leased in accordance with clause 4.G, the

123 April 2016 vs 5.A Either party may give at least seven Academy Financial Years notice to 19 discipline; or b) a parental need will arise when the DfE is actually aware of an b) the standards of performance of pupils at the Academy are d) the safety of pupils or staff is threatened, including due to breakdown of 5. TERMINATION considers that: managed or governed; or terminate this Agreement. Such termination would take effect on 31 August of Termination by either party c) planned capacity has the meaning given in clause 2.B. c) there has been a serious breakdown in the way the Academy is unacceptably low; or a) the Academy Trust has breached the provisions of this Agreement or 5.B The Secretary of State may serve a Termination Warning Notice where he Termination Warning Notice situated, following representations from parents in that area; and the relevant year. the Master Agreement; or additional demand for pupil places in the area where the Academy is capacity to provide them; area where the Academy is situated is greater than the existing a) a basic need will arise when the forecast demand for pupil places in the 4.1 For the purposes of clause 4.0: the Academy Trust in connection with this clause.

124 b) the Academy requires significant improvement the Secretary of State may serve a Termination Warning Notice, specifying the date by which the Academy Trust must make any representations. 5.G In deciding whether to give notice of his intention to terminate under clause 5.F, the Secretary of State will have due regard to the overall performance of the Academy Trust. 20 April 2016 vs e) the Academy is coasting provided he has notified the Academy Trust that it is coasting. 5.C A Termination Warning Notice served under clause 5.B will specify: a) the action the Academy Trust must take; b) the date by which the action must be completed; and c) the date by which the Academy Trust must make any representations, or confirm that it agrees to undertake the specified action. 5.D The Secretary of State will consider any representations from the Academy Trust which he receives by the date specified in the Termination Warning Notice. The Secretary of State may amend the Termination Warning Notice to specify further action which the Academy Trust must take, and the date by which it must be completed. 5.E If the Secretary of State considers that the Academy Trust has not responded to the Termination Warning Notice as specified under clause 5.C(c), or has not completed the action required in the Termination Warning Notice as specified under clauses 5.C(a) and (b) (and any further action specified under clause 5.D) he may serve a Termination Notice. Termination bytht S?täry 61 Safe atier Inspection 5.F If the Chief Inspector gives notice to the Academy Trust that: a) special measures are required to be taken in relation to the Academy; or

125 April 2016 vs b) having considered the representations made by the Academy Trust 21 determination is pending, he may serve a Termination Notice. Academy Trust may continue during the notice period to admit pupils to the continue during the notice period to admit pupils to the Academy (unless the Termination Notice otherwise than under clause 5.A, the Academy Trust may 5.Q If the Secretary of State serves a Termination Warning Notice or a Academy, and to receive GAG and EAG, in accordance with this Agreement. 5.J If the Secretary of State has determined that the Academy will be removed Termination by the Secretary of State 5.1 Not used. he may serve a Termination Notice. 5.P If the Secretary of State serves a Termination Notice under clause 5.A, the Funding and admission during notice period 5.0 Not used. 5.M Not used. 5.L Not used. remains satisfied that this Agreement should be terminated; clause 5.F and: date specified in the notice; or 5.H If the Secretary of State has served a Termination Warning Notice under a) has not received any representations from the Academy Trust by the from the Register of Independent Schools and no appeal against that 5.K Not used. 5.N Not used. 5.G.1 Not used.

126 ii. any professional accounting advice the Academy Trust has received; Hi. a detailed statement of steps which the Academy Trust proposes to take to ensure that the running costs of the Academy are reduced such that costs are less than the Funding Allocation and All Other Resources, and the period of time within which such 22 April 2016 vs Secretary of State specifies otherwise), and to receive GAG and EAG, in accordance with this Agreement. Notice of intention to terminate by Academy Trust 5.R The Secretary of State will, before the start of each Academy Financial Year, provide the Academy Trust with a final funding allocation indicating the level of GAG and EAG to be provided in the next Academy Financial Year (the Funding Allocation ). 5.S If the Academy Trust is of the opinion that, after receipt of the Funding Allocation for the next Academy Financial Year (the Critical Year ) and after taking into account all other resources likely to be available to the Academy, including other funds that are likely to be available to the Academy from other academies operated by the Academy Trust ( All Other Resources ), it is likely that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent (and for this reason only) then the Academy Trust may give written notice of its intention to terminate this Agreement on 31 August before the Critical Year. 5.T Any notice given by the Academy Trust under clause 5.5 must be provided to the Secretary of State within six weeks of the Secretary of State issuing the Funding Allocation. The notice given by the Academy must specify: a) the grounds upon which the Academy Trust s opinion is based, including: i. evidence of those grounds;

127 April 2016 vs pupils at the Academy and use their best endeavours to agree a practical 23 Academies Trust (or any successor or equivalent body). The educational agree upon the appointment of the educational specialist then the educational issues arising from the budget management of schools. If the parties fail to constructive dialogue at the time about how best to provide education for the to become insolvent. Both parties recognise that they will need to engage in a running the Academy during the Critical Year would cause the Academy Trust 5.U Both parties will use their best endeavours to agree whether or not the cost of 5.V If no agreement is reached by 30 April (or another date if agreed between the 5.X The Expert will be required in reaching his determination to take account of The Expert s fees will be borne equally between the parties. President of the Institute of Chartered Accountants in England and Wales. experience of educational institutions or academies. If the parties fail to agree 5.W The Expert will be an insolvency practitioner with significant professional Expert s determination will be final and binding on both parties. The Expert will will be referred to an independent expert (the Expert ) for resolution. The parties) as to whether the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent, then that question solution to the problem. funding (the Shortfall ). upon the appointment of the Expert then the Expert will be appointed by the c) a detailed budget of income and expenditure for the Academy during Other Resources expected to be available to the Academy Trust to run the Academy and the projected expenditure on the Academy; and the Critical Year (the Projected Budget ). be requested to specify in his determination the amount of the shortfall in advice from an educational specialist who is professionally familiar with the specialist will be appointed by the Chairman of the Specialist Schools and b) the shortfall in the Critical Year between the Funding Allocation and All steps will be taken; and

128 a) staff compensation and redundancy payments; b) compensation payments in respect of broken contracts; c) expenses of disposing of assets or adapting them for other purposes; d) legal and other professional fees; and 24 April 2016v5 specialist s fees will be borne equally between the parties. 5.Y If the Expert determines that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent, and the Secretary of State will not have agreed to provide sufficient additional funding to cover the Shortfall, then the Academy Trust will be entitled to terminate this Agreement, by notice expiring on 31 August before the Critical Year. Any such notice will be given within 21 days after (a) the Expert s determination will have been given to the parties or (b), if later, the Secretary of State will have given written notice of his refusal to provide sufficient additional funding for the Academy to cover the Shortfall. Effect of termination 5.Z If this Agreement is terminated, the Academy will cease to be an Academy within the meaning of sections 1 and 1 A of the Academies Act AA Subject to clauses 5.38 and 5.CC, if the Secretary of State terminates this Agreement under clause 5.A, he will indemnify the Academy Trust. If the Secretary of State terminates this Agreement otherwise than under clause 5.A, he may at his discretion indemnify or compensate the Academy Trust The amount of any such indemnity or compensation will be determined by the Secretaryof State, hflviii regardtö lepresenfations made to him by the Academy Trust, and will be paid as and when the Secretary of State considers appropriate. 5.CC The categories of expenditure incurred by the Academy Trust in consequence of termination, for which the Secretary of State may indemnify the Academy Trust under clauses 5.AA, may include:

129 April 2016 vs a) Waive all or part of the repayment due under sub-clause 5.DD(b) if the not required, pay to the Secretary of State at the termination date (or, financial contribution made by HM Government. 25 General The Master Agreement subsequent disposal) a sum equivalent to the proportion of the original b) if the Secretary of State directs that a transfer under clause 5.DD(a) is the original financial contribution made by HM Government, to a nominee of the Secretary of State to use for educational purposes; or Academy Trust obtains his permission to invest the sale proceeds for 5.EE The Secretary of State may: Trust must, as soon as possible after the termination date: relevant LA. 6. OTHER CONTRACTUAL ARRANGEMENTS Agreement. Agreement have full force and effect. Annexes b) direct the Academy Trust to pay all or part of the sale proceeds to the its charitable purposes; or 5.DD If this Agreement is terminated, and the Academy Trust owns capital assets which have been partly or wholly funded by HM Government, the Academy 6.B Except as expressly provided in this Agreement, all provisions of the Master e) dissolution expenses. a) transfer a proportion of those capital assets, equal to the proportion of by agreement with the Secretary of State, at the date of their 6.A Any annexes to this Agreement form part of and are incorporated into this

130 26 AprH 2016 vs e.g The Academy Trust cannot assign this Agreement. 6.D Failure to exercise, or a delay in exercising, any right or remedy of the Secretary of State under this Agreement (including the right to terminate this Agreement), or a single or partial exercise of such a right or remedy, is not a waiver of, and does not prevent or restrict any initial or further exercise of, that or any other right or remedy. 6.E Termination of this Agreement will not affect the accrued rights, remedies, obligations or liabflities of the parties existing at termination. 6.F This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all of which will together constitute the same agreement. 6.G This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and submitted to the exclusive jurisdiction of the courts of England and Wales. 6.H Not used.

131 27 7.D Not used. 7.C Not used 7.B Not used of the Children and Families Act EHC plan means an Education, Health and Care plan made under sections 37(2) DISABILITIES 7. PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND ANNEXES April 2016 v5 of the LA s notice, the Academy Trust must consent to being named, except that Academy to be suitable for the pupil in question. Within 15 days of receipt it must give the Academy Trust written notice of this, stating why it considers 8.B Where an LA proposes to name one of the Academies in a statement of SEN, naming the Academy. appeal to the Secretary of State, admit all pupils with a statement of SEN 8.A The Academy Trust must for each of its Academies, subject to its right of 8. ADMISSION OF PUPILS WITH SEN AND DISABILITIES appeal which a parent of the child may have to the First Tier Tribunal (Special has acted unreasonably, and to make an order directing the LA to reconsider. an EHC plan, it may ask the Secretary of State to determine whether the LA Academy Trust considers that a LA should not have named the Academy in Educational Needs and Disability) or the Upper Tribunal Administrative educational needs, including the admission of pupils with EHC plans. If an The Secretary of State s determination will be final, subject to any right of Appeals Chamber. imposes duties directly on Academies in respect of pupils with special 7.A Except as set out in clause 8 below, the Children and Families Act 2014 Act Statement of SEN means a statement made under section 324 of the Education

132 Tribunal s decision will be binding, even if it is different from that of the Secretary of State. 8.G Where it has been finally determined that the Academy be named in a child s statement of SEN, the Academy Trust must admit the child to the Academy, notwithstanding any other admissions requirements in this Agreement. 28 April 2O16 vs where admitting the child would be incompatible with the provision of efficient education for other children, and no reasonable steps could secure compatibility. In deciding whether a child s inclusion would be incompatible with the efficient education of other children or the efficient use of resources, the Academy Trust must have regard to the relevant Guidance issued to maintained schools. B.C If the Academy Trust decides that admitting the child would be incompatible with the provision of efficient education or the efficient use of resources, it must, within the 15 days, notify the LA in writing, giving its reasons for its decision. S.D The Academy Trust must then seek to establish from the LA whether or not it agrees with this determination. If the LA does not agree with the Academy Trust s response, and names the Academy in the child s statement of SEN, the Academy Trust must admit the child to the school as specified in the statement or otherwise by the LA. S.E If in such case, the Academy Trust considers that the LA should not have named the Academy in the statement, it may ask the Secretary of State to determine whether the LA has acted unreasonably, and to make an order directing the LA to reconsider. The Secretary of State s determination will be final, subject only to any rightof appeal which a pa1t äfthë ãhild may have to the First-tier Tribunal (Special Educational Needs and Disability) or the Upper Tribunal Administrative Appeals Chamber. 8.F If a parent of a child for whom the LA maintains a statement appeals to the First-tier Tribunal (Special Educational Needs and Disability), either for or against the naming of the Academy in the child s statement, then the

133 April 2016 vs 29 Academies and Free Schools. Children and Families Act 2014 relating to SEN and disability do not apply to 8.H Clauses 8.A to 8.0 only apply insofar as the relevant provisions of the

134 Reference: DFE Follow us on Twitter: Like us on Facebook: educationgovuk facebook.com/educationgovuk 30 April 2016 vs 5Rcn Department for Education Crown copyright 2014 You may re-use this document/publication (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence v2.o. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. To view this licence: Visit: nationalarchives.gsi.gov.uk publication, please AFSPD.feedback@education.gsi.gov.uk, quoting the title of We welcome feedback. If you would like to make any comments about this this document. Specific project queries should be sent to the allocated project lead/lead contact. About this publication: enquiries download

135 Schedule 5 Amended Supplemental Funding Agreement for HOLLYBROOK JUNIOR SCHOOL

136

137 funding agreement April 2016 Mainstream for Education academy and free school: supplemental Department

138 Termination by the Secretary of State after inspection 20 Termination by the Secretary of State 21 Funding and admission during notice period 21 Notice of intention to terminate by Academy Trust 22 2 April 2016 v5 Contents SUMMARY SHEET 4 Information about the Academy; 4 1. ESTABLISHING THE ACADEMY 8 Definitions and interpretation 8 The Academy 8 2. RUNNING OF THE ACADEMY 9 Teachers and staff 9 Pupils 9 SEN unit 9 Charging 9 Admissions 10 Curriculum GRANT FUNDING 13 Calculation of GAG 13 OthwreleVaTitThndng LAND TERMINATION 19 Termination by either party 19 Termination Warning Notice 19

139 April 2016 vs 7. PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND DISABILITIES 27 ANNEXES 27 The Master Agreement 25 Annexes 25 General OTHER CONTRACTUAL ARRANGEMENTS ADMISSION OF PUPILS WITH SEN AND DISABILITIES 27 3 Effect of termination 24

140 HP April 2016 vs SUMMARY SHEET Information about the Academy: Name of Academy Trust Hamwic Education Trust Company number Date of Master Funding Agreement 24 May 2017 Name of academy Hollybrook Junior School Opening date The Academy opened on 1 May 2013 and will be operated by the Academy Trust from 1 December2017 Type of academy (indicate whether Academy academy or free school) Religious designation NA Wholly or partly selective NA Name of predecessor school Hollybrook Junior School (where applicable) Capacity number 240 Age range 7toll Number of sixth form places NA Numberof boarding places NA SEN unit! Resource provision NA Land arrangements Version 1 (Version 1-7 or other) Address and title number of Land Hollybrook Middle School, Seagarth Close, Southampton RL. Title number

141 April 2016 v5 5 character CE etc. rather than Christian designated with a religious character designated with a religious character designated with a denominational religious 2.Yc) Sub-clause applies if the academy is V 2.0 Clause applies only to academies that were V 2.N Clause applies only to academies that were V schools designated with a religious character 2.M Clause applies only to academies and free V school), or new provision academies there was a predecessor independent 2.G Clause does not apply to free schools (unless V independent school 2.E Only applies where there was a predecessor unit 2.C, 2.0 Only applies where the academy has an SEN formerly wholly selective grammar schools designated with a religious character previously a VC or foundation school previously a VC school or foundation school character not been designated with a religious 2.W Clause only applies where the academy is V religious character 2.A.1 Clause applies where an academy was V 2.X Clause only applies where the academy has V 2.Y Clause applies where an academy was provision academies formerly partially selective grammar schools 2.T Clause applies to free schools and new V provision academies designated with a 1.1 Only applies to free schools and new V Clause No. Descriptor Applied Not used used Please confirm which clause variations have been applied or marked as Not

142 designated with a Church of England or Roman Catholic character Please identify any other variations from the model that apply to this academy (e.g. clauses relating to PFI, or any required because the multi academy trust includes academies designated with different religious characters, or a 6 April 2016 vs Clause No. Descriptor Applied Not used Option 1 applies to converter and sponsored V 3.F 3.A academies: if used delete option 2 3.A 3.F Option 2 applies to free schools and new provision academies: if used delete option 1 3.H Clause relating to Start-up only applies in V some cases (does not apply to academy converters) 3.J Clause only applies to full sponsored and V intermediate sponsored academies with approved Academy Action Plans 3.K Clause does not apply to free schools (unless V there was a predecessor independent school), or new provision academies 5.G.1 Clause applies only to a boarding V academy/free school. 5.1 Clause only applies to sponsored academies V 5.K Clause applies to free schools and may be / applied to new provision academies 5.L Clause applies to free schools and may be V applied to new provision academies 5M Clause applies to free schools and may be V applied to new provision academies 5.N Clause applies to free schools and may be V applied to new provision academies 5.0 Clause applies to free schools and may be V applied to new provision academies 6M Clause only applies to schools which are V

143 April 2016 vs 7 No. Descriptor Clause Applied Not used Additional clauses will be supplied by your project lead if needed. not): mixture of those designated with a religious character, and those which are

144 1.D The Interpretation Act 1978 applies to this Agreement as it applies to an Act of Parliament. 1.E Reference in this Agreement to clauses and annexes will, unless otherwise stated, be to clauses and annexes to this Agreement. The Academy 8 April 2016 vs 1. ESTABLISHING THE ACADEMY 1.A This Agreement made between the Secretary of State for Education and HAMWIC EDUCATION TRUST is supplemental to the master funding agreement made between the same parties and dated 24 May 2017 (the Master Agreement ). Definitions and interpretation 1.8 Except as expressly provided in this Agreement words and expressions defined in the Master Agreement will have those same meanings in this Agreement. 1.C The following capitalised words and expressions will have the following meanings: The Academy means Hollybrook Junior School. Coasting has the meaning given by regulations under subsection (3) of section 60B of the Education and Inspections Act 2006 in relation to a school to which that section applies. SEN means Special Educational Needs and the expressions special educational needs and special educational provision have the meaning ct tin secflons J) and 21(2) of the Children and Families Act Termination Notice means a notice sent by the Secretary of State to the Academy Trust, terminating this Agreement on the date specified in the notice. Termination Warning Notice means a notice sent by the Secretary of State to the Academy Trust, stating his intention to terminate this Agreement.

145 April 2016 vs 9 SEN unit 2.E Not used. Charging 2.D Not used. 2.C Not used. Academy will be an all ability inclusive school. pupils, teach pupils, and assess and report on pupils development, progress 2.B The planned capacity of the Academy is 240 in the age range 7 to 11. The Pupils 2.A.1 Not used. and attainment. qualified or is otherwise eligible to plan and prepare lessons and courses for accordance with any relevant Guidance, employ anyone it believes is suitably section 67 of the Children and Families Act 2014, the Academy Trust may, in 2.A Subject to clause 2.4 of the Master Agreement, 7.A of this Agreement and Teachers and staff 2. RUNNING OF THE ACADEMY 1.1 Not used. Trust from 1 Deceber with the Master Agreement and this Agreement. Master Agreement. 1.F The Academy is a Mainstream Academy as defined in clause 1.4 of the 1.G The Academy Trust will establish and maintain the Academy in accordance 1.H The Academy opened on 1 May 2013 and will be operated by the Academy

146 2.K For the purposes of applying the pupil premium admission criterion only, sections 1.9(f) and 2.4(a) of the School Admissions Code do not apply insofar as they prevent admission authorities from giving priority to children according to the financial or occupational status of parents or using supplementary forms that ask for 10 April 2016 v5 Admissions 2.F Subject to clauses 2.K 2.L the Academy Trust will act in accordance with, and will ensure that its Independent Appeal Panel is trained to act in accordance with, the School Admissions Code and School Admission Appeals Code published by the DfE (the Codes ) and all relevant admissions law as they apply to foundation and voluntary aided schools, and with equalities law. Reference in the Codes or legislation to admission authorities will be deemed to be references to the Academy Trust. 2.G Pupils on roll in a Predecessor School which was a maintained or independent school will transfer automatically to the Academy on opening. All children already offered a place at that Predecessor School must be admitted to the Academy. 2.H The Academy Trust must participate in the local Fair Access Protocol. The Academy Trust must participate in the coordinated admission arrangements operated by the LA in whose area the Academy is situated. If the Academy is a free school, the Academy Trust is not required to participate in coordination for its first intake of pupils. 2.1 The Academy Trust may determine admission arrangements (subject to consultation in line with the Codes) that give priory ipladmission to children attracting the Pupil Premium, including the service premium (the pupil premium admission criterion ), but not above looked-after children and previously looked-after children. 2..} Where the Academy Trust applies the pupil premium admission criterion, it must provide information in its admission arrangements about eligibility for the premiums.

147 April 2016 vs 11 consult the Academy Trust; or consultation requirements in relation to admission arrangements is that Trust. The arrangements for appeals must comply with the Codes as they apply to foundation and voluntary aided schools. The determination of the 2.Q Subject to clause 2.R, the meaning of relevant area for the purposes of appeal panel is binding on all parties. described in the Codes) have the right to appeal to an Independent Appeal 2.0 Not used. 2.N Not used. 2.M Not used. unlawful. or has otherwise acted unlawfully; or has failed to act in accordance with the Codes or this Agreement ii. where in relation to a specific child or children the Academy Trust school attendance order as defined in section 437 of the Education Act Before doing so the Secretary of State will they do not comply with the Codes or this Agreement, or are otherwise i. following an application from an LA including complying with a 2.L The Secretary of State may: a) direct the Academy Trust to admit a named pupil to the Academy: responsibility for the child in question. the UK armed forces, and are exercising parental care and 2.P The Academy Trust must ensure that parents and relevant children (as Panel if they are dissatisfied with an admission decision of the Academy b) whether parents are serving in the UK armed forces or were serving in b) direct the Academy Trust to amend its admission arrangements where a) any personal details about their financial status; or

148 foundation or voluntary school, and as if references to religious education and religious warship in that section were references to the religious education and religious warship provided by the Academy in accordance with clause 2.X. 2.W Not used. 12 April 2016 vs determined by the relevant LA for maintained schools in the area in accordance with the Education (Relevant Areas for Consultation on Admission Arrangements) Regulations R If the Academy does not consider the relevant area determined by the LA for the maintained schools in the area to be appropriate, it must apply to the Secretary of State by 1 August before the academic year in question for a determination of the appropriate relevant area for the Academy, setting out the reasons for this view. The Secretary of State will consult the Academy Trust and the LA in whose area the Academy is situated in reaching a decision. 2.5 The Office of the Schools Adjudicator ( OSA ) will consider objections to the Academy s admission arrangements (except obiections against the agreed variations from the Codes specified at clause 2.K, over which it has no iurisdiction). The Academy Trust must therefore make it clear, when determining the Academy s admission arrangements, that objections should be submitted to the OSA. The OSA s determination of an objection is binding on the Academy and the Academy Trust must make appropriate changes to its admission arrangements as quickly as possible. 2.T Not used. Curriculum 2.U The Academy Trust must provide for the teaching of religious education and a daily act of collective worship at the Academy. 2.V The Academy Trust must comply with section 71(1)-(6) and (8) of the School Standards and Framework Act 1998 as if the Academy were a community,

149 April 2016 vs Calculation of GAG were a maintained school. Academies Act 2010): the School Standards and Framework Act 1998 as if it were a and that they learn the nature of marriage and its importance for family life and for bringing up children. The Academy Trust must also have regard to the maintained schools set out in the Education Act 1996, and have regard to any Schedule. requirements in section 405 of the Education Act 1996, as if the Academy Guidance. 3. GRANT FUNDING of the Education Act 1996, on sex and relationship education to ensure that b) the Academy must comply with section 70(1) of, and Schedule 20 to, 2(5) of Schedule 19 to the School Standards and Framework Act 1998; at the Academy in accordance with the requirements for agreed community, foundation or voluntary school which does not have a religious character, except that paragraph 4 of that Schedule does not children at the Academy are protected from inappropriate teaching materials apply. The Academy may apply to the Secretary of State for consent 2.Z The Academy Trust must have regard to any Guidance, further to section 403 Standards and Framework Act 1998 or further to section 6(8) of the syllabuses in section 375(3) of the Education Act 1996 and paragraph balanced treatment of political issues, in line with the requirements for religious character (in accordance with section 1248 of the School 2.X Subject to clause 2.V, where the academy has not been designated with a a) provision must be made for religious education to be given to all pupils 2.Y Not used. to be relieved of the requirement imposed by paragraph 3(2) of that 2.AA The Academy Trust must prevent political indoctrination, and secure the 13

150 3.1 The Secretary of State recognises that if a Termination Notice or a Termination Warning Notice is sewed, or the Master Agreement is otherwise terminated, the intake of new pupils during the notice period may decline and therefore payments based on the number of pupils attending the Academy may be insufficient to meet the Academy s needs. In these circumstances the Secretary of State may pay a larger GAG in the notice period, to enable the 14 April 2016 vs 3A-3D. Not used. 3.E The Secretary of State will calculate GAG based on the pupil count at the Academy. In order to calculate GAG for the Academy Financial Year in which the Academy opens, the pupil count will be determined on the same basis as that used by the relevant LA for determining the budget of the maintained Predecessor School. 3.F For Academy Financial Years after that referred to in clause 3.E, the basis of the pupil count for determining GAG will be: a) for pupils in Year 11 and below, the Schools Census which is used to fund maintained schools for the financial year overlapping with the Academy Financial Year in question; and b) for pupils in Year 12 and above, the formula which is in use at the time for maintained schools. 3.G The Secretary of State may, at his discretion, adjust the basis of the pupil count to take account of any diseconomies of scale which may affect the Academy if it is operating below the planned capacity in clause 2.3. If such an adjustment is made in any Academy Financial Year, this will not change the basis of the pupil count for calculating the following Academy Financial Year s GAGT If-ihe Secretary at State ha ifltiiöãtd thai additional grant may be payable in such circumstances, the Academy Trust will bid for this additional grant based on need and providing appropriate supporting evidence. The Secretary of State may accept or refuse the bid at his discretion. 3.H Not used.

151 April 2016 v5 5 the transfer of employees from a Predecessor School under the Transfer of 4. LAND the Land is transferred to the Academy Trust prior to the date of this which is to be the permanent site of the Academy. Southampton S016 6RL, being the land registered with title number HP750473, Land means the freehold land at Hollybrook Middle School, Seagarth Close, set out in clause 3.1 cease to apply or the Academy closes. Notice under this Agreement, or otherwise terminates the Master Agreement, Secretary of State has served a Termination Notice or a Termination Warning Carrying forward of funds be paid. may be carried forward without limitation or deduction until the circumstances for such a payment unless the Secretary of State confirms in writing that it will will be agreed on a caseby-case basis. The Academy Trust must not budget Undertakings (Protection of Employment) Regulations Such payment 3.K The Secretary of State may pay the Academy Trust s costs in connection with 3.L Any additional grant made in accordance with clause 3.1, for a period after the ability to use the Land for the purposes of the Academy. 4.A The Academy Trust must: a) within 28 days of the signing of this Agreement in circumstances where Restrictions on Land transfer issued by any competent authority which materially affects the Academy Trust s 3.J Not used. Other relevant funding Property Notice means any order, notice, proposal, demand or other requirement Academy to operate effectively. Agreement, or otherwise within 28 days of the transfer of the Land to

152 4.C The Academy Trust must not, without the Secretary of State s consent: a) grant any consent or licence; or b) create or allow any encumbrance; or c) part with or share possession or occupation; or d) enter into any onerous or restrictive obligations, 16 April 2016 vs the Academy Trust, apply to the Land Registry using Form RX1 for the following restriction (the Restriction ) to be entered in the proprietorship register for the Land: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the Secretary of State for Education, of Sanctuary Buildings, Great Smith Street, London SWIP 3BT, b) take any further steps reasonably required to ensure that the Restriction is entered on the proprietorship register; c) promptly confirm to the Secretary of State when the Restriction has been registered; d) if it has not registered the Restriction, permit the Secretary of State to do so in its place; and e) not, without the Secretary of State s consent, apply to disapply, modify, cancel or remove the Restriction, whether by itself, a holding company, a subsidiary company, or a receiver, administrator or liquidator acting in the name of the Academy Trust. Obligations of the Academ_y Trt 4.8 The Academy Trust must keep the Land clean and tidy and make good any damage or deterioration to the Land. The Academy Trust must not do anything to lessen the value or marketability of the Land without the Secretary of State s consent.

153 to be entered in the register, taking any further steps required to have 17 Commercial Property in force at that date. 4.E The Academy Trust: copy of this Agreement) for a notice of the Option (the Option Notice ) acquiring the Land or, if later, after signing this Agreement, apply to may apply to secure the registration. this Agreement, apply to the Land Registry on Form AN1 (including a date in accordance with the Law Society s Standard Conditions of Sale for the Option is exercised, completion will take place 28 days after the exercise Option Option Notice State may apply to register it using Form UN1; the Option Notice registered and promptly confirming to the Secretary considers that the Academy Trust has not complied with this clause, he after the registration has been completed. If the Secretary of State send the Secretary of State a copy of the relevant entry within 7 days company, a subsidiary company, or a receiver, administrator or register a Class COy) land charge in the Land Charges Registry, and liquidator acting in the name of the Academy Trust, and modify or remove the Option Notice, whether by itself, a holding of State when this has been done; in respect of all or part of the Land. April 2016 v5 d) must, in the case of previously unregistered land, within 14 days after c) must not, without the Secretary of State s consent, apply to disapply, b) if it has not registered the Option Notice, agrees that the Secretary of a) must, within 14 days after acquiring the Land or, if later, after signing of State may exercise the Option in writing on termination of this Agreement. If Option ) to acquire all or part of the Land at nil consideration. The Secretary 4.D The Academy Trust grants and the Secretary of State accepts an option (the

154 Academy Trust must use its best endeavours to procure all necessary consents in order to enable it to share occupation of the Land with the incoming Academy Trust and to provide the incoming Academy Trust with security of tenure over the Land occupied by it, and shall enter into any legal arrangements which the Secretary of State requires for this purpose. The Secretary of State shall meet the necessary and reasonable costs incurred by 18 April 2016 vs Property Notices 4.F If the Academy Trust receives a Property Notice, it must: a) send a copy of it to the Secretary of State within 14 days, stating how the Academy Trust intends to respond to it; b) promptly give the Secretary of State all the information he asks for about it; c) ahow the Secretary of State to take all necessary action, with or instead of the Academy Trust, to comply with it, and d) use its best endeavours to help the Secretary of State in connection with it. Sharing the Land 4.G Where: a) the Secretary of State identifies basic or parental need for additional places in the area in which the Academy is situated; and b) the Secretary of State then considers that not all the Land is needed for the operation of the Academy at planned capacity, The Seq@tn f Siate must consult with the Academy Trustto determine whether part of the Land could be demised or leased to another Academy Trust, as the Secretary of State considers appropriate, for the purpose of that Academy Trust establishing and maintaining an educational institution on the Land. 4.H To the extent the Academy Trust and the Secretary of State agree to part of the Land being demised or leased in accordance with clause 4.G, the

155 April 2016 vs 19 discipline; or c) planned capacity has the meaning given in clause 2.B. b) the standards of performance of pupils at the Academy are c) there has been a serious breakdown in the way the Academy is d) the safety of pupils or staff is threatened, including due to breakdown of 5. TERMINATION considers that: managed or governed; or additional demand for pupil places in the area where the Academy is b) a parental need will arise when the DfE is actually aware of an area where the Academy is situated is greater than the existing Termination by either party Termination Warning Notice a) a basic need will arise when the forecast demand for pupil places in the 6.A Either party may give at least seven Academy Financial Years notice to a) the Academy Trust has breached the provisions of this Agreement or 4.1 For the purposes of clause 4.0: the Academy Trust in connection with this clause. capacity to provide them; situated, following representations from parents in that area; and terminate this Agreement. Such termination would take effect on 31 August of 5.8 The Secretary of State may serve a Termination Warning Notice where he the relevant year. the Master Agreement; or unacceptably low; or

156 b) the Academy requires significant improvement the Secretary of State may serve a Termination Warning Notice, specifying the date by which the Academy Trust must make any representations. 5.G In deciding whether to give notice of his intention to terminate under clause 5.F, the Secretary of State will have due regard to the overall performance of the Academy Trust. 20 April 2016 vs e) the Academy is coasting provided he has notified the Academy Trust that it is coasting. S.C A Termination Warning Notice served under clause 5.6 will specify: a) the action the Academy Trust must take; b) the date by which the action must be completed; and c) the date by which the Academy Trust must make any representations, or confirm that it agrees to undertake the specified action. 5.D The Secretary of State will consider any representations from the Academy Trust which he receives by the date specified in the Termination Warning Notice. The Secretary of State may amend the Termination Waming Notice to specify further action which the Academy Trust must take, and the date by which it must be completed. 5.E If the Secretary of State considers that the Academy Trust has not responded to the Termination Warning Notice as specified under clause 5.0(c), or has not completed the action required in the Termination Warning Notice as specified under clauses 5.0(a) and (b) (and any further action specified under clause 5.D) he may serve a Termination Notice. Termination by-the SetietaW &Stati after inspection 5.F If the Chief Inspector gives notice to the Academy Trust that: a) special measures are required to be taken in relation to the Academy; or

157 April 2016 v5 21 determination is pending, he may serve a Termination Notice. Academy Trust may continue during the notice period to admit pupils to the continue during the notice period to admit pupils to the Academy (unless the Termination Notice otherwise than under clause 5.A, the Academy Trust may 5.Q If the Secretary of State serves a Termination Warning Notice or a Academy, and to receive GAG and EAG, in accordance with this Agreement. 5.J If the Secretary of State has determined that the Academy will be removed Termination by the Secretary of State 5.! Not used. remains satisfied that this Agreement should be terminated; he may serve a Termination Notice. 5.P If the Secretary of State serves a Termination Notice under clause 5.A, the Funding and admission during notice period 5.0 Not used. 5.M Not used. b) having considered the representations made by the Academy Trust a) has not received any representations from the Academy Trust by the clause 5.F and: date specified in the notice; or 5.H If the Secretary of State has served a Termination Warning Notice under from the Register of Independent Schools and no appeal against that 5.K Not used. 5.L Not used. 5.N Not used. 5.G.1 Not used.

158 ii. any professional accounting advice the Academy Trust has received; iii. a detailed statement of steps which the Academy Trust proposes to take to ensure that the running costs of the Academy are reduced such that costs are less than the Funding Allocation and All Other Resources, and the period of time within which such 22 April 2016 vs Secretary of State specifies otherwise), and to receive GAG and EAG, in accordance with this Agreement. Notice of intention to terminate by Academy Trust 5.R The Secretary of State will, before the stan of each Academy Financial Year, provide the Academy Trust with a final funding allocation indicating the level of GAG and EAG to be provided in the next Academy Financial Year (the Funding Allocation ). 5.5 If the Academy Trust is of the opinion that, after receipt of the Funding Allocation for the next Academy Financial Year (the Critical Year ) and after taking into account all other resources likely to be available to the Academy, including other funds that are likely to be available to the Academy from other academies operated by the Academy Trust ( All Other Resources ), it is likely that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent (and for this reason only) then the Academy Trust may give written notice of its intention to terminate this Agreement on 31 August before the Critical Year. 5.T Any notice given by the Academy Trust under clause 5.5 must be provided to the Secretary of State within six weeks of the Secretary of State issuing the Funding Allocation. The notice given by the Academy Trtuaderclausa5.S must specify: a) the grounds upon which the Academy Trust s opinion is based, including: i. evidence of those grounds;

159 April 2016 vs be requested to specify in his determination the amount of the shortfall in 23 Academies Trust (or any successor or equivalent body). The educational parties) as to whether the cost of running the Academy during the Critical specialist will be appointed by the Chairman of the Specialist Schools and issues arising from the budget management of schools. If the parties fail to The Expert s fees will be borne equally between the parties. advice from an educational specialist who is professionally familiar with the 5.V If no agreement is reached by 30 April (or another date if agreed between the 5.X The Expert will be required in reaching his determination to take account of President of the Institute of Chartered Accountants in England and Wales. experience of educational institutions or academies. If the parties tail to agree 5.W The Expert will be an insolvency practitioner with significant professional funding (the Shortfall ). will be referred to an independent expert (the Expert ) for resolution. The pupils at the Academy and use their best endeavours to agree a practical Expert s determination will be final and binding on both parties. The Expert will constructive dialogue at the time about how best to provide education for the Year would cause the Academy Trust to become insolvent, then that question to become insolvent. Both parties recognise that they will need to engage in a running the Academy during the Critical Year would cause the Academy Trust solution to the problem. upon the appointment of the Expert then the Expert will be appointed by the 5.U Both parties will use their best endeavours to agree whether or not the cost of c) a detailed budget of income and expenditure for the Academy during Other Resources expected to be available to the Academy Trust to run the Academy and the projected expenditure on the Academy; and the Critical Year (the Projected Budget ). b) the shortfall in the Critical Year between the Funding Allocation and All steps will be taken; and agree upon the appointment of the educational specialist then the educational

160 a) staff compensation and redundancy payments; b) compensation payments in respect of broken contracts; c) expenses of disposing of assets or adapting them for other purposes; d3 legal and other professional fees; and 24 April 2016 vs specialist s fees will be borne equally between the parties. 5.Y If the Expert determines that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent, and the Secretary of State will not have agreed to provide sufficient additional funding to cover the Shortfall, then the Academy Trust will be entitled to terminate this Agreement, by notice expiring on 31 August before the Critical Year. Any such notice will be given within 21 days after (a) the Expert s determination wilt have been given to the parties or (b), if later, the Secretary of State will have given written notice of his refusal to provide sufficient additional funding for the Academy to cover the Shortfall. Effect of termination 5.Z If this Agreement is terminated, the Academy will cease to be an Academy within the meaning of sections 1 and 1 A of the Academies Act AA Subject to clauses 5.BB and 5.CC, if the Secretary of State terminates this Agreement under clause 5.A, he will indemnify the Academy Trust. If the Secretary of State terminates this Agreement otherwise than under clause 5.A, he may at his discretion indemnify or compensate the Academy Trust. 5.BB The amount of any such indemnity or compensation will be determined by the Secretaryof State, having regatd to ThThèntafTons made to him by the Academy Trust, and will be paid as and when the Secretary of State considers appropriate. 5.CC The categories of expenditure incurred by the Academy Trust in consequence of termination, for which the Secretary of State may indemnify the Academy Trust under clauses 5.AA, may include:

161 April 2016 v5 which have been partly or wholly funded by HM Government, the Academy 6.B Except as expressly provided in this Agreement, all provisions of the Master 25 General Agreement have full force and effect. 6. OTHER CONTRACTUAL ARRANGEMENTS The Master Agreement Agreement. Annexes relevant LA. b) direct the Academy Trust to pay all or part of the sale proceeds to the its charitable purposes; or Academy Trust obtains his permission to invest the sale proceeds for financial contribution made by HM Government. subsequent disposal) a sum equivalent to the proportion of the original not required, pay to the Secretary of State at the termination date (or, b) if the Secretary of State directs that a transfer under clause 5.DD(a) is the original financial contribution made by HM Government, to a nominee of the Secretary of State to use for educational purposes; or Trust must, as soon as possible after the termination date: 5.EE The Secretary of State may: 5.DD If this Agreement is terminated, and the Academy Trust owns capital assets e) dissolution expenses. a) transfer a proportion of those capital assets, equal to the proportion of by agreement with the Secretary of State, at the date of their a) Waive all or part of the repayment due under sub-clause 5.DD(b) if the 6.A Any annexes to this Agreement form part of and are incorporated into this

162 26 April 2016 vs 6.C The Academy Trust cannot assign this Agreement. 6.0 Failure to exercise, or a delay in exercising, any right or remedy of the Secretary of State under this Agreement (including the right to terminate this Agreement), or a single or partial exercise of such a right or remedy, is not a waiver of, and does not prevent or restrict any initial or further exercise of, that or any other right or remedy. 6.E Termination of this Agreement will not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination. 6.F This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all of which will together constitute the same agreement. 6.G This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and submitted to the exclusive jurisdiction of the courts of England and Wales. 6.H Not used.

163 April 2015 vs an EHC plan, it may ask the Secretary of State to determine whether the LA naming the Academy. 27 of the LA s notice, the Academy Trust must consent to being named, except imposes duties directly on Academies in respect of pupils with special 8.8 Where an LA proposes to name one of the Academies in a statement of SEN, that Academy to be suitable for the pupil in question. Within 15 days of receipt it must give the Academy Trust written notice of this, stating why it considers appeal to the Secretary of State, admit all pupils with a statement of SEN 8. ADMISSION OF PUPILS WITH SEN AND DISABILITIES 7.D Not used. 7.C Not used 7.8 Not used Educational Needs and Disability) or the Upper Tribunal Administrative appeal which a parent of the child may have to the First Tier Tribunal (Special The Secretary of State s determination will be final, subject to any right of has acted unreasonably, and to make an order directing the LA to reconsider. Academy Trust considers that a LA should not have named the Academy in Appeals Chamber. educational needs, including the admission of pupils with EHC plans. If an of the Children and Families Act EHC plan means an Education, Health and Care plan made under sections 37(2) Act A Except as set out in clause S below, the Children and Families Act A The Academy Trust must for each of its Academies, subject to its right of DISABILITIES 7. PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND Statement of SEN means a statement made under section 324 of the Education ANNEXES

164 Tribunal s decision will be binding, even if it is different from that of the Secretary of State. 8.G Where it has been finally determined that the Academy be named in a child s statement of SEN, the Academy Trust must admit the child to the Academy, notwithstanding any other admissions requirements in this Agreement. 28 April 2016 vs where admitting the child would be incompatible with the provision of efficient education for other children, and no reasonable steps could secure compatibility. In deciding whether a child s inclusion would be incompatible with the efficient education of other children or the efficient use of resources, the Academy Trust must have regard to the relevant Guidance issued to maintained schools. 8.C If the Academy Trust decides that admitting the child would be incompatible with the provision of efficient education or the efficient use of resources, it must, within the 15 days, notify the LA in writing, giving its reasons for its decision. 8.D The Academy Trust must then seek to establish from the LA whether or not it agrees with this determination. If the LA does not agree with the Academy Trust s response, and names the Academy in the child s statement of SEN, the Academy Trust must admit the child to the school as specified in the statement or otherwise by the LA. S.E If in such case, the Academy Trust considers that the LA should not have named the Academy in the statement, it may ask the Secretary of State to determine whether the LA has acted unreasonably, and to make an order directing the LA to reconsider. The Secretary of State s determination will be frnl, subjectonly to any right of appeal which a parent f The Child Thay have to the First-tier Tribunal (Special Educational Needs and Disability) or the Upper Tribunal Administrative Appeals Chamber. S.F If a parent of a child for whom the LA maintains a statement appeals to the First-tier Tribunal (Special Educational Needs and Disability), either for or against the naming of the Academy in the child s statement, then the

165 29 April 2016 vs Academies and Free Schools. Children and Families Act 2014 relating to SEN and disability do not apply to 8.H Clauses 8.A to 8.0 only apply insofar as the relevant provisions of the

166 Reference: DFE Follow us on Twitter: Like us on Facebook: educationgovuk facebook.com/educationgovuk 30 April 2016 vs Department for Education crown copyright 2014 You may re-use this document/publication (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence v2.0. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. To view this licence: Visit: ijsi@nationalarchives.gslgov.uk We welcome feedback. If you would like to make any comments about this publication, please AFSPD.feedback@education.gsi.gov.uk, quoting the title of this document. Specific project queries should be sent to the allocated project lead/lead contact. About this publication: enquiries download

167 HOSPITAL SCHOOL Amended Supplemental Funding Agreement for SOUTHAMPTON CHILURENS Schedule 6

168

169 Department Alternative December2014 provision academy funding agreement supplemental and free school: for Education a -4.

170 Termination Warning Notice 19 Termination by the Secretary of State after inspection 20 Termination by the Secretary of State 21 Funding and admission during notice period 22 2 December 2014 vi Contents SUMMARY SHEET 4 Information about the Academy: 4 1. ESTABLISHING THE ACADEMY 7 Definitions and interpretation 7 The Academy 8 2. RUNNING OF THE ACADEMY 9 Teachers and staff 9 Pupils 9 SEN unit 9 Charging 9 Admissions 10 Curriculum GRANT FUNDING 13 General Annual Grant (GAG) 13 Calculatloi & GAG 14 Other relevant funding LAND TERMINATION 19 Termination by either party 19

171 3 6. OTHER CONTRACTUAL ARRANGEMENTS PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND DISABILITIES ADMISSION OF PUPILS WITH SEN AND DISABILITIES 27 The Master Agreement 26 Annexes 26 General 26 Notice of intention to terminate by Academy Trust 22 December 2014 vi Effect of termination 24

172 4 December 2014 vi SUMMARY SHEET Information about the Academy: Name of Academy Trust Hamwic Education Trust Company number Date of Master Funding Agreement 24 May2017 Name of academy Southampton Children s Hospital School Opening date The Academy opened on 1 March 2014 and will be operated by the Academy Trust from 1 December2017 Type of academy (indicate whether Academy academy or tree school) Name of predecessor school Tremona Road Hospital and Home (where applicable) Education Service Capacity number 60 Agerange 4to16 Number of sixth form places NA Number of boarding places NA SEN unit! Resource provision NA Land arrangements VeTSIdri 2 - (Version 1-7 or other) Address and title number of Land 119 Tremona Road, Southampton S016 6HU. Title number: HP771139

173 5 5.1 Clause only applies to sponsored academies V unit 2.D, 2.E Only applies where the academy has an SEN provision academies 1.! Only applies to free schools and new V Clause No. Descriptor Applied Not used used Please confirm which clause variations have been applied or marked as Not December 2014 vi applied to new provision academies applied to new provision academies 5.0 Clause applies to free schools and may be V 5.N Clause applies to free schools and may be V applied to new provision academies SM Clause applies to tree schools and may be V applied to new provision academies 5.L Clause applies to free schools and may be V applied to new provision academies 5.K Clause applies to free schools and may be V academy/free school 5.G.1 Clause applies only to a boarding V school), or new provision academies there was a predecessor independent 3.D Clause does not apply to free schools (unless V approved Academy Action Plans intermediate sponsored academies with 3.C Clause only applies to full sponsored and V education and daily collective worship 2.U Clause reflects the requirements for religious V school), or new provision academies there was a predecessor independent 2.1 Clause does not apply to free schools (unless V independent school 2.F Only applies where there was a predecessor V

174 Please identify any other variations from the model that apply to this academy (e.g. clauses relating to PR, or any required because the multi academy trust includes academies designated with different religious characters, or a mixture of those designated with a religious character, and those which are not): These clauses will be supplied by your project lead if needed. December 2014 vi 6

175 December 2014 vi of the Education and Inspections Act 2006 in relation to a school to which that 7 defined in the Master Agreement will have those same meanings in this the Academy means the Alternative Provision Academy which is an Academy or a Coasting has the meaning given by regulations under subsection (3) of section 60B premium grant to a school under the terms and conditions of the grant; Prospective Pupils means those pupils who have been referred to the Academy agreement made between the same parties and dated 24 May 2017 (the clauses 2.G to clauses 2.M. The Academy means Southampton Children s Hospital School. Master Agreement ). Definitions and interpretation Commissioner means local authorities and/or schools referring children/pupils to Act HAMWIC EDUCATION TRUST is supplemental to the master funding 1.A This Agreement made between the Secretary of State for Education and 1.B Except as expressly provided in this Agreement words and expressions 1.C The following capitalised words and expressions will have the following 1. ESTABLISHING THE ACADEMY Agreement. meanings: Free School which meets the requirements set out in section 1 C(1) of the Academies section applies. the Alternative Provision Academy for admission under the legal powers set out in and accepted a place. Pupil Premium means the amount allocated by a local authority from the pupil

176 1.H The Academy opened on 1 March 2014 and will be operated by the Academy Trust from 1 December Not used. 1.J Further to clause 1.13(b) of the Master Agreement the Academy Trust must ensure that the educational provision is made at the Academy for children of compulsory school age who, by reason of illness, exclusion from school or 8 December 2014 vi Pupil Premium Grant means a grant of that name paid to a local authority by the Secretary of State under section 14 of the 2002 Act in respect of pupils who are entitled to a pupil premium; Pupil Referral Unit (PRU) means an Academy or Free School which meets the requirements set out in Section 19(2) of the Education Act SEN means Special Educational Needs and the expressions special educational needs and special educational provision have the meaning set out in sections 20(1) and 21(2) of the Children and Families Act Termination Notice means a notice sent by the Secretary of State to the Academy Trust, terminating this Agreement on the date specified in the notice. Termination Warning Notice means a notice sent by the Secretary of State to the Academy Trust, stating his intention to terminate this Agreement. 1.D The Interpretation Act 1978 applies to this Agreement as it applies to an Act of Parliament. 1.E Reference in this Agreement to clauses and annexes will, unless otherwise stated, be to clauses and annexes to this Agreement. The Academy 1.F The Academy is a Alternative Provision Academy as defined in clause 1.4 of the Master Agreement. 1.G The Academy Trust will establish and maintain the Academy in accordance with the Master Agreement and this Agreement.

177 9 Pupils Charging SEN unit employ anyone it believes is suitably qualified or is otherwise eligible to plan 2.A Subject to clause 2.4 of the Master Agreement and 7.A of this Agreement (if 2. RUNNING OF THE ACADEMY otherwise, may not for any period receive suitable education unless alternative provision is made for them. used), the Academy Trust may, in accordance with any relevant Guidance, December 2014 vi. 2.F Not used. 2.E Not used. 2.D Not used. and the Company. approval of the Secretary of State and the requirements of this Agreement planned number of places stated in clause 2.8, the Company must seek the 2.C Where the Company considers that there is a need to increase the overall may be amended accordingly by agreement between the Secretary of State and 3.15 of the Master Agreement. will be determined by the Secretary of State in accordance with clauses 3.12 places is not determinative of GAG. GAG for each Academy Financial Year 4 to 16 including up to 60 hospital education places. The planned number of 2.B The planned number of places at the Academy is 60 places in the age range report on pupils development, progress and attainment. and prepare lessons and courses for pupils, teach pupils, and assess and Teachers and staff

178 2.K The Academy Trust may only admit a child of compulsory school age: a) referred by a local authority where the local authority has a duty to that child under section 19 of the Education Act b) referred by a maintained school or Academy where the maintained school or Academy has a duty under Section 100 of the Education and Inspections Act December2bl4vl Admissions 2.G The Academy Trust will act in accordance with equalities law 2.H Except where clauses 2.1, 2..J, 7.A and B.A apply, the Academy Trust may not admit a child of compulsory school age unless it is by way of a referral from a Commissioner through one of the referral routes set out in Clause 2.J 2.1 Pupils on roll in a Predecessor School which was a maintained or independent school will transfer automatically to the Academy on opening. All children already offered a place at that Predecessor School must be admitted to the Academy The Secretary of State may: a) direct the Academy Trust to admit a named pupil to the Academy: i. following an application from an LA including complying with a school attendance order as defined in section 437 of the Education Act Before doing so the Secretary of State will consult the Academy Trust; or ii. where in relation to a specific child or children the Academy Trust has failed to act in accordance with the Codes or this Agreement or has otherwjse acted unlawfully; or b) direct the Academy Trust to amend its admission arrangements where they no longer meet the requirements at 1C of the Academies Act, do not comply with this Agreement, or are otherwise unlawful.

179 11 Pupil registration and information sharing Academy Trust for the purpose of improving the child s behaviour. d) referred by an Academy under general powers in the Articles of the c) referred by a maintained school under powers set out in section 29(A) of the Education Act December 2014 vi any successor to it. admission arrangements, that objections should be submitted to the EFA or 2.Q The Academy Trust must make clear when determining the Academy s Objections and determinations by the pupil, the pupil s needs and attainment. any event when requested by the Commissioner to do so) on progress made 2.P The Academy Trust will provide regular feedback to Commissioners (and in the needs and prior attainment of pupils who will attend the Academy. Commissioners the Academy Trust shall request appropriate information on 2.0 As far as reasonably practicable, in agreeing contractual arrangements with school that the pupil attends. appropriately registered, in line with its legal duties and those of any other 2.N The Academy Trust must ensure that pupils attending the Academy are Secretary of State. should be discussed with Commissioners and must be agreed with the 2.M Any changes to admission arrangements proposed by the Academy Trust with relevant parties. key stage. The Academy Trust will consult on its admission arrangements objective process for considering whether the education provided will be Department which will include oversubscription criteria, a fair, transparent and appropriate for prospective pupils and an admission number for each relevant 2.L The Academy Trust shall have admission arrangements agreed with the

180 apply. The Academy may apply to the Secretary of State for consent to be relieved of the requirement imposed by paragraph 3(2) of that Schedule. 2.V The Academy Trust must have regard to any Guidance, further to section 403 of the Education Act 1996, on sex and relationship education to ensure that children at the Academy are protected from inappropriate teaching materials 12 December2Ol4vl 2.R A determination of an objection, by the EFA or any successor to it on behalf of the Secretary of State, or by the Secretary of State, will be binding upon the Academy. Curriculum 2.S The Academy Trust must provide for the teaching of religious education and a daily act of collective worship at the Academy. 2.T The Academy Trust must comply with section 71(1)-(6) and (8) of the School Standards and Framework Act 1998 as if the Academy were a community, foundation or voluntary school, and as if references to religious education and religious worship in that section were references to the religious education and religious worship provided by the Academy in accordance with clause 2.U. 2.U At its discretion in accordance with clause 2.T, where the Academy Trust has made provision for the teaching of religious and/or for a daily act of coflective worship (in accordance with section 124B of the School Standards and Framework Act 1998 or further to section 6(8) of the Academies Act 2010): a) provision must be made for religious education to be given to all pupils at the Academy in accordance with the requirements for agreed syllabuses in section 3753) ot thw EdUtatiöh Aöfi and paragraph 2(5) of Schedule 19 to the School Standards and Framework Act 1998; b) the Academy must comply with section 70(1) of and Schedule 20 to, the School Standards and Framework Act 1998 as if it were a community, foundation or voluntary school which does not have a religious character, except that paragraph 4 of that Schedule does not

181 13 3.A GAG for each Academy Financial Year for the Academy will include: General Annual Grant (GAG) 3. GRANT FUNDING maintained schools set out in the Education Act 1996, and have regard to any Guidance. balanced treatment of political issues, in line with the requirements for 2.W The Academy Trust must prevent political indoctrination, and secure the and that they learn the nature of marriage and its importance for family life December 2014 vi attending the Academy at specified dates exceeds or falls below discretion, for GAG to be adjusted in-year if the number of pupils e) The Secretary of State may make provision, within his absolute Secretary of State; and extra costs, for as long as those costs are deemed necessary by the d) funding for matters for which it is necessary for the Academy to incur by the local authority to receive these grants. the requisite conditions and criteria necessary for a school maintained schools maintained by the local authority, where the Academy meets c) payments in respect of further, specific grants made available to authority; relevant LA if the Academy were a school maintained by a local b) funding to cover necessary functions which would be carried out by the of pupils and/or places at the Academy; determined by the Secretary of State and taking account of the number maintained by the local authority with similar characteristics, a) funding equivalent to that which would be received by a PRU were a maintained school. requirements in section 405 of the Education Act 1996, as if the Academy and for bringing up children. The Academy Trust must also have regard to the

182 4. LAND Land means the land at 119 Tremona Road, Southampton S016 6HU, being the land registered with title number HP and demised by the Lease. Lease means the lease or other occupational agreement between the Academy Trust and a third party (the Landlord ) under which the Academy Trust derives title to the Land. 14 December 2024 vi thresholds specified by letter. Arrangements for this will be set out in the Annual Letter of Funding or its equivalent. Calculation of GAG 3.8 The Secretary of State recognises that it he serves a Termination Notice or a Termination Warning Notice, or otherwise terminates the Master Agreement, the intake of new pupils during the notice period may decline. In these circumstances the Secretary of State may pay a larger GAG in the notice period, to enable the Academy to operate effectively. Other relevant funding 3.C Not used. 3.D The Secretary of State may pay the Academy Trust s costs in connection with the transfer of employees from a Predecessor School under the Transfer of Undertakings (Protection of Employment) Regulations Such payment will be agreed on a case-by-case basis. The Academy Trust must not budget for such a payment unless the Secretary of State confirms in writing that it will be paid. Carrying forward of funds 3.E Anydiflbñã[?ãni made In accordance with clause 3.B, for a period after the Secretary of State has served a Termination Notice or a Termination Warning Notice under this Agreement, or otherwise terminates the Master Agreement, may be carried forward without limitation or deduction until the circumstances set out in clause 3.8 cease to apply or the Academy closes.

183 c) promptly confirm to the Secretary of Slate when the Restriction has d) if it has not registered the Restriction, permit the Secretary of State to December 2014 vi a) within 28 days of the signing of this Agreement in circumstances where e) not, without the Secretary of State s consent, apply to disapply, modify, 15 Smith Street, London SWIP 3BT; do so in its place; and a subsidiary company, or a receiver, administrator or liquidator acting in 4.B The Academy Trust must keep the Land clean and tidy and make good any Obligations of the Academy Trust Restriction is entered on the proprietorship register; b) take any further steps reasonably required to ensure that the No disposition of the registered estate by the proprietor of the 4.A The Academy Trust must: following restriction (the Restriction ) to be entered in the Restrictions on Land transfer the Academy Trust s ability to use the Land for the purposes of the Academy. cancel or remove the Restriction, whether by itself, a holding company, Agreement, or otherwise within 28 days of the transfer of the Land to the name of the Academy Trust. proprietorship register for the Land: the Secretary of State for Education, of Sanctuary Buildings, Great issued by any competent authority (including the Landlord) which materially affects the Land is transferred to the Academy Trust prior to the date of this the Academy Trust, apply to the Land Registry using Form RX1 for the Property Notice means any order, notice, proposal, demand or other requirement registered estate is to be registered without a written consent signed by been registered; damage or deterioration to the Land. The Academy Trust must not do

184 4.F The Academy Trust: a) must, within 14 days after acquiring the Land or, if later, after signing this Agreement, apply to the Land Registry on Form AN1 (including a copy of this Agreement) for a notice of the Option (the Option Notice ) to be entered in the register, taking any further steps required to have the Option Notice registered and promptly confirming to the Secretary 16 December 2014 vi anything to lessen the value or marketability of the Land without the Secretary of States consent. 4.C The Academy Trust must comply with the Lease and promptly enforce its rights against the Landlord. 4.D The Academy Trust must not, without the Secretary of State s consent: a) terminate, vary, surrender, renew, dispose of or agree any revised rent under the Lease; b) grant any consent or licence; or c) create or allow any encumbrance; or d) part with or share possession or occupation; or e) enter into any onerous or restrictive obligations, in respect of all or part of the Land. Option 4.E The Academy Trust grants and the Secretary of State accepts an option (the Option ) to acquire all the Land at nil consideration. The Secretary of State mayexerciseihe Option in writingonterrnirlatlbh fihi! A?èën5ént I1 the Option is exercised, completion will take place 28 days after the exercise date in accordance with the Law Society s Standard Conditions of Sale for Commercial Property in force at that date. Option Notice

185 December 2014 vi 17 may apply to secure the registration. material breach of the Lease, the Academy Trust must immediately give 4.1-I If the Academy Trust is, or if it is reasonably foreseeable that it will be, in Breach of Lease of the Academy Trust, to comply with it, and d) use its best endeavours to help the Secretary of State in connection with it. c) allow the Secretary of State to take all necessary action, with or instead about it; a) send a copy of itto the Secretary of State within 14 days, stating how 4.G If the Academy Trust receives a Property Notice, it must: Property Notices send the Secretary of State a copy of the relevant entry within 7 days register a Class Cçv) land charge in the Land Charges Registry, and after the registration has been completed. If the Secretary of State the Academy Trust intends to respond to it; acquiring the Land or, if later, after signing this Agreement, apply to liquidator acting in the name of the Academy Trust, and company, a subsidiary company, or a receiver, administrator or modify or remove the Option Notice, whether by itself, a holding State may apply to register it using Form UN1; considers that the Academy Trust has not complied with this clause, he b) if it has not registered the Option Notice, agrees that the Secretary of c) must not, without the Secretary of State s consent, apply to disapply, d) must, in the case of previously unregistered land, within 14 days after b) promptly give the Secretary of State all the information he asks for of State when this has been done;

186 41< To the extent the Academy Trust and the Secretary of State agree to part of the Land being demised or sublet in accordance with clause 4.J, the Academy Trust must use its best endeavours to procure either the approval of the Landlord or any necessary amendments to the Lease in order to enable it to share occupation of the Land with the incoming Academy Trust and to provide the incoming Academy Trust with security of tenure over the Land occupied 18 December 2014 vi written notice to the Secretary of State stating what the breach is and what action the Academy Trust has taken or proposes to take to remedy it, including timescales where appropriate. 4.1 After notifying the Secretary of State under clause 4.H, the Academy Trust must: a) promptly give the Secretary of State all the information he asks for about the breach; b) allow the Secretary of State to take all necessary action, with or instead of the Academy Trust, to remedy or prevent the breach, and c) use its best endeavours to help the Secretary of State to remedy or prevent the breach. Sharing the Land 4.J Where: a) the Secretary of State identifies basic or parental need for additional places in the area in which the Academy is situated; and b) the Secretary of State then considers that not all the Land is needed for the cperation of the Academy at planned capacity, the Secretary of State must consult with the Academy Trust to determine whether part of the Land could be demised or sublet to another Academy Trust, as the Secretary of State considers appropriate, for the purpose of that Academy Trust establishing and maintaining an educational institution on the Land.

187 December 2014 vi 19 clause. capacity to provide them; the relevant year. Termination by either party the area where the Academy is situated is greater than the existing a) a basic need will arise when the forecast demand for pupil places in 4.L For the purposes of clause 4.J: managed or governed; or c) there has been a serious breakdown in the way the Academy is unacceptably low; or b) the standards of performance of pupils at the Academy are the Master Agreement; or a) the Academy Trust has breached the provisions of this Agreement or considers that: 5.B The Secretary of State may serve a Termination Warning Notice where he Termination Warning Notice terminate this Agreement. Such termination would take effect on 31 August of 5.A Either party may give at least seven Academy Financial Years notice to 5. TERMINATION c) planned capacity has the meaning given in clause 2.B. situated, following representations from parents in that area; and additional demand for pupil places in the area where the Academy is b) a parental need will arise when the DfE is actually aware of an reasonable costs incurred by the Academy Trust in connection with this requires for this purpose. The Secretary of State shall meet the necessary and by it, and shall enter into any legal arrangements which the Secretary of State

188 a) special measures are required to be taken in relation to the Academy; or b) the Academy requires significant improvement the Secretary of State may serve a Termination Warning Notice, specifying the date by which the Academy Trust must make any representations. 20 December 2014 vi d) the safety of pupils or staff is threatened, including due to breakdown of discipline; or e) the Academy is coasting provided he has notified the Academy Trust it is coasting. 5.C A Termination Warning Notice served under clause 5.8 will specify: a) the action the Academy Trust must take; b) the date by which the action must be completed; and c) the date by which the Academy Trust must make any representations, or confirm that it agrees to undertake the specified action. 5.D The Secretary of State will consider any representations from the Academy Trust which he receives by the date specified in the Termination Warning Notice. The Secretary of State may amend the Termination Warning Notice to specify further action which the Academy Trust must take, and the date by which it must be completed. 5.E If the Secretary of State considers that the Academy Trust has not responded to the Termination Warning Notice as specified under clause 5.C(c), or has not completed the action required in the Termination Warning Notice as specified Under clauses 5.C(a) and (b) (and any further action specified under clause 5.D) he may serve a Termination Notice. Termination by the Secretary of State after inspection 5.F If the Chief Inspector gives notice to the Academy Trust that:

189 December 2014 vi Not used. 5.H If the Secretary of State has served a Termination Warning Notice under a) has not received any representations from the Academy Trust by the from the Register of Independent Schools and no appeal against that 5.K Not used. 5.L Not used. 5.N Not used. 5.M Not used. Termination by the Secretary of State 5.1 Not used. he may serve a Termination Notice. b) having considered the representations made by the Academy Trust clause S.F and: date specified in the notice; or the Academy Trust. remains satisfied that this Agreement should be terminated; 5.J If the Secretary of State has determined that the Academy will be removed determination is pending, he may serve a Termination Notice. S.F, the Secretary of State will have due regard to the overall performance of 5.G.1 Not used. 5.G In deciding whether to give notice of his intention to terminate under clause

190 5.T Any notice given by the Academy Trust under clause 5.S must be provided to the Secretary of State within six weeks of the Secretary of State issuing the Funding Allocation. The notice given by the Academy Trust under clause 5.S must specify: a) the grounds upon which the Academy Trust s opinion is based, including: 22 December 2014 vi Funding and admission during notice period 5.P If the Secretary of State serves a Termination Notice under clause 5.A, the Academy Trust may continue during the notice period to admit pupils to the Academy, and to receive GAG and EAG, in accordance with this Agreement. 5.Q lithe Secretary of State serves a Termination Warning Notice or a Termination Notice otherwise than under clause 5.A, the Academy Trust may continue during the notice period to admit pupils to the Academy (unless the Secretary of State specifies otherwise), and to receive GAG and EAG, in accordance with this Agreement. Notice of intention to terminate by Academy Trust 5.R The Secretary of State will, before the start of each Academy Financial Year, provide the Academy Trust with a final funding allocation indicating the level of GAG and EAG to be provided in the next Academy Financial Year (the Funding Allocation ). 5.5 lithe Academy Trust is of the opinion that, after receipt of the Funding Allocation for the next Academy Financial Year (the Critical Year ) and after taking into account all other resources likely to be available to the Academy, including other funds that are likely to be available to the Academy from other academies operated byth AÔadëTh/ Trust ATE Other Resources ), it is likely that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent (and for this reason only) then the Academy Trust may give written notice of its intention to terminate this Agreement on 31 August before the Critical Year.

191 23 steps will be taken; and All Other Resources, and the period of time within which such reduced such that costs are less than the Funding Allocation and to take to ensure that the running costs of the Academy are received; U. any professional accounting advice the Academy Trust has i. evidence of those grounds; iu. a detailed statement of steps which the Academy Trust proposes December 2014 vi upon the appointment of the Expert then the Expert will be appointed by the experience of educational institutions or academies. If the parties fail to agree 5.W The Expert will be an insolvency practitioner with significant professional Expert s determination will be final and binding on both parties. The Expert will funding (the Shortfall ). be requested to specify in his determination the amount of the shortfall in will be referred to an independent expert (the Expert ) for resolution. The Year would cause the Academy Trust to become insolvent, then that question parties) as to whether the cost of running the Academy during the Critical 5.V If no agreement is reached by 30 April (or another date if agreed between the pupils at the Academy and use their best endeavours to agree a practical constructive dialogue at the time about how best to provide education for the to become insolvent. Both parties recognise that they will need to engage in a running the Academy during the Critical Year would cause the Academy Trust solution to the problem. 5.U Both parties will use their best endeavours to agree whether or not the cost of the Critical Year (the Projected Budget). c) a detailed budget of income and expenditure for the Academy during Other Resources expected to be available to the Academy Trust to run the Academy and the projected expenditure on the Academy; and b) the shortfall in the Critical Year between the Funding Allocation and All

192 5.BB The amount of any such indemnity or compensation will be determined by the Secretary of State, having regard to representations made to him by the Academy Trust, and will be paid as and when the Secretary of State considers appropriate. 24 December 2014 vi President of the Institute of Chartered Accountants in England and Wales. The Expert s fees will be borne equally between the parties. 5.X The Expert will be required in reaching his determination to take account of advice from an educational specialist who is professionally familiar with the issues arising from the budget management of schools. If the parties fail to agree upon the appointment of the educational specialist then the educational specialist will be appointed by the Chairman of the Specialist Schools and Academies Trust (or any successor or equivalent body). The educational specialist s fees will be borne equally between the parties. 5.Y If the Expert determines that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent, and the Secretary of State will not have agreed to provide sufficient additional funding to cover the Shortfall, then the Academy Trust will be entitled to terminate this Agreement, by notice expiring on 31 August before the Critical Year. Any such notice will be given within 21 days after (a) the Expert s determination will have been given to the parties or (b), if later, the Secretary of State will have given written notice of his refusal to provide sufficient additional funding for the Academy to cover the Shortfall. Effect of termination 5.Z If this Agreement is terminated, the Academy will cease to be an Academy within the meaning of sections 1 and 1C of the Academies Act AA Subject to clauses 5.BB and 5.CC, if the Secretary of State terminates this Agreement under clause 5.A, he will indemnify the Academy Trust. If the Secretary of State terminates this Agreement otherwise than under clause 5.A, he may at his discretion indemnify or compensate the Academy Trust.

193 December 2014 vi OTHER CONTRACTUAL ARRANGEMENTS relevant LA. b) direct the Academy Trust to pay all or part of the safe proceeds to the e) dissolution expenses. its charitable purposes; or the original financial contribution made by HM Government, to a nominee of the Secretary of State to use for educational purposes; or Academy Trust obtains his permission to invest the sale proceeds for financial contribution made by HM Government. subsequent disposal) a sum equivalent to the proportion of the original by agreement with the Secretary of State, at the date of their not required, pay to the Secretary of State at the termination date (or, which have been partly or wholly funded by HM Government, the Academy 5.DD If this Agreement is terminated, and the Academy Trust owns capital assets b) compensation payments in respect of broken contracts; a) staff compensation and redundancy payments; a) transfer a proportion of those capital assets, equal to the proportion of a) waive all or part of the repayment due under sub-clause 5.DD(b) if the of termination, for which the Secretary of State may indemnify the Academy c) expenses of disposing of assets or adapting them for other purposes; d) legal and other professional fees; and b) if the Secretary of State directs that a transfer under clause 5.DD(a) is 5.CC The categories of expenditure incurred by the Academy Trust in consequence Trust under clause 5.AA, may include: Trust must, as soon as possible after the termination date: 5.EE The Secretary of State may:

194 26 December 2014 vi Annexes 6.A Any annexes to this Agreement form part of and are incorporated into this Agreement. The Master Agreement 6.6 Except as expressly provided in this Agreement, all provisions of the Master Agreement have full force and effect. General 6.C The Academy Trust cannot assign this Agreement. 6.D Failure to exercise, or a delay in exercising, any right or remedy of the Secretary of State under this Agreement (including the right to terminate this Agreement), or a single or partial exercise of such a right or remedy, is not a waiver of, and does not prevent or restrict any initial or further exercise of, that or any other right or remedy. 6.E Termination of this Agreement will not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination. 6.F This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all of which Will Thé115e? consifiute ihe same agreement. 6.G This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and submitted to the exclusive jurisdiction of the courts of England and Wales.

195 40 of the Children and Families Act an EHC plan, it may ask the Secretary of State to determine whether the LA 7.C Not used. December2ol4vl naming the Academy. 27 of the LA s notice, the Academy Trust must consent to being named, except imposes duties directly on Academies in respect of pupils with special appeal which a parent of the child may have to the First Tier Tribunal (Special Academy Trust considers that a LA should not have named the Academy in educational needs, including the admission of pupils with EHC plans. If an that Academy to be suitable for the pupil in question. Within 15 days of receipt it must give the Academy Trust wriffen notice of this, stating why it considers 7.B Not used. 7.D Not used. 8.B Where an LA proposes to name one of the Academies in a statement of SEN, 8. ADMISSION OF PUPILS WITH SEN AND DISABILITIES appeal to the Secretary of State, admit all pupils with a statement of SEN Educational Needs and Disability) or the Upper Tribunal Administrative The Secretary of State s determination will be final, subject to any right of Appeals Chamber. Act EHC plan means an Education, Health and Care plan made under sections 37 to 7.A Except as set out in clause 8 below, the Children and Families Act A The Academy Trust must for each of its Academies, subject to its right of 7. PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND Statement of SEN means a statement made under section 324 of the Education has acted unreasonably, and to make an order directing the LA to reconsider, DISABILITIES ANNEXES

196 Tribunal s decision will be binding, even if it is different from that of the Secretary of State. 8.G Where it has been finally determined that the Academy be named in a child s statement of SEN, the Academy Trust must admit the child to the Academy, notwithstanding any other admissions requirements in this Agreement. 2B December 2014 vi where admitting the child would be incompatible with the provision of efficient education for other children, and no reasonable steps could secure compatibility. In deciding whether a child s inclusion would be incompatible with the efficient education of other children or the efficient use of resources, the Academy Trust must have regard to the relevant Guidance issued to maintained schools. B.C If the Academy Trust decides that admitting the child would be incompatible with the provision of efficient education or the efficient use of resources, it must, within the 15 days, notify the LA in writing, giving its reasons for its decision. S.D The Academy Trust must then seek to establish from the LA whether or not it agrees with this determination. If the LA does not agree with the Academy Trust s response, and names the Academy in the child s statement of SEN, the Academy Trust must admit the child to the school as specified in the statement or otherwise by the LA. 8.E If in such case, the Academy Trust considers that the LA should not have named the Academy in the statement, it may ask the Secretary of State to determine whether the LA has acted unreasonably, and to make an order directing the LA to reconsider. The Secretary of State s determination will be final, subject only to any right- of-appeal which a parent otihechild mw hav to the First-tier Tribunal (Special Educational Needs and Disability) or the Upper Tribunal Administrative Appeals Chamber. S.F If a parent of a child for whom the LA maintains a statement appeals to the First-tier Tribunal (Special Educational Needs and Disability), either for or against the naming of the Academy in the child1s statement, then the

197 December 2014 vi 29 Academies and Free Schools. Children & Families Act 2014 relating to SEN and disability do not apply to B.H Clauses 8.A to B.C only apply insofar as the relevant provisions of the

198 download Reference: DFE Follow us on Twitter: Like us on educationgovuk facebook.com/educationgovuk 30 December 2014 vi Department for Education Crown copyright 2014 You may re-use this document/publication (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence v2.o. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. To view this licence: visit psi@nationalarchives.gsi.gov.uk. We welcome teedback. If you would like to make any comments about this publication, please AFSPD.feedback@education.gsi.gov.uk, quoting the title of this document. Specific project queries should be sent to the allocated project lead/lead contact. About this publication: enquiries

199 Schedule 7 Amended Supplemental Funding Agreement for UPPER SHIRLEY HIGH SCHOOL

200

201 April 2016 funding agreement academy and free school: supplemental Mainstream for Education Department

202 Termination by the Secretary of State after inspection 20 Termination by the Secretary of State 21 Funding and admission during notice period 21 Notice of intention to terminate by Academy Trust 22 2 April 2016 vs Contents SUMMARY SHEET 4 Information about the Academy: 4 1. ESTABLISHING THE ACADEMY 8 Definitions and interpretation 8 The Academy 8 2. RUNNING OF THE ACADEMY 9 Teachers and staff 9 Pupils 9 SEN unit 9 Charging 9 Admissions 10 Curriculum GRANT FUNDING 13 Calculation of GAG 13 Other r&evantfuhdiñ LAND TERMINATION 19 Termination by either party 19 Termination Warning Notice 19

203 April WiG vs 3 The Master Agreement 25 Annexes 25 General OTHER CONTRACTUAL ARRANGEMENTS PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND DISABILITIES ADMISSION OF PUPILS WITH SEN AND DISABILITIES 27 Effect of termination 24 ANNEXES 27

204 HP April 2016 vs SUMMARY SHEET Information about the Academy: Name of Academy Trust Hamwic Education Trust Company number Date of Master Funding Agreement 24 May 2017 Name of academy Upper Shirley High School Opening date The Academy opened on 1 August 2011 and will be operated by the Academy Trust from 1 December2017 Type of academy (indicate whether Academy academy or free school) Religious designation NA Wholly or partly selective NA Name of predecessor school Upper Shirley High School (where applicable) Capacity number 750 Agerange lltol6 Number of sixth form places NA Number of boarding places NA SEN unit! Resource provision NA Land arrangements Version 1 (Version 1-7 or other) Address and title number of Land Upper Shirley High School, Bellemoor Road, Southampton S015 7QU. Title number

205 April 2016 vs 5 designated with a religious character character previously a VC or foundation school 2.A.1 Clause applies where an academy was V provision academies 1.1 Only applies to free schools and new V Clause No. Descriptor Applied Not used used Please confirm which clause variations have been applied or marked as Not character CE etc. rather than Christian designated with a denominational religious 2.Yc) Sub-clause applies if the academy is V designated with a religious character previously a VC school or foundation school 2.Y Clause applies where an academy was V not been designated with a religious 2.X Clause only applies where the academy has V designated with a religious character 2.W Clause only applies where the academy is V provision academies designated with a religious character 2.T Clause applies to free schools and new V formerly partially selective grammar schools 2.0 Clause applies only to academies that were V formerly wholly selective grammar schools 2.N Clause applies only to academies that were V schools designated with a religious character 2.M Clause applies only to academies and free V school), or new provision academies there was a predecessor independent 2.G Clause does not apply to free schools (unless V independent school 2.E Only applies where there was a predecessor V 2.C, 2.D Only applies where the academy has an SEN V u n it

206 6.1-1 Clause only applies to schools which are V designated with a Church of England or Roman Catholic character Please identify any other variations from the model that apply to this academy (e.g. clauses relating to PFI, or any required because the multi academy trust includes academies designated with different religious characters, or a 6 April 2016 v5 Clause No. Descriptor Applied Not used 3.A 3.F Option 1 applies to converter and sponsored V academies: if used delete option 2 3.A 3.F Option 2 applies to free schools and new V provision academies: if used delete option 1 3.H Clause relating to Start-up only applies in / some cases (does not apply to academy converters) 3.J Clause only applies to full sponsored and V intermediate sponsored academies with approved Academy Action Plans 3.1< Clause does not apply to free schools (unless V there was a predecessor independent school), or new provision academies 5.G.1 Clause applies only to a boarding V academy/tree school. 5.1 Clause only applies to sponsored academies 5.K Clause applies to free schools and may be V applied to new provision academies 5.L Clause applies to free schools and may be applied to new provision academies Sivi Clause applies to free schools and maybe r applied to new provision academies 5.N Clause applies to free schools and may be V applied to new provision academies 5.0 Clause applies to free schools and may be V applied to new provision academies

207 April 2016 vs 7 No. Descriptor Clause Applied Not used Additional clauses will be supplied by your project lead if needed. not): mixture of those designated with a religious character, and those which are

208 1.D The Interpretation Act 1978 applies to this Agreement as it applies to an Act of Parliament. i.e Reference in this Agreement to clauses and annexes will, unless otherwise stated, be to clauses and annexes to this Agreement. The Academy B April 2016v5 1. ESTABLISHING THE ACADEMY 1.A This Agreement made between the Secretary of State for Education and HAMWIC EDUCATION TRUST is supplemental to the master funding agreement made between the same parties and dated 24 May 2017 (the Master Agreement ). Definitions and interpretation 1.8 Except as expressly provided in this Agreement words and expressions defined in the Master Agreement will have those same meanings in this Agreement. 1.C The following capitalised words and expressions will have the following meanings: The Academy means Upper Shirley High School. Coasting has the meaning given by regulations under subsection (3) of section 608 of the Education and Inspections Act 2006 in relation to a school to which that section applies. SEN means Special Educational Needs and the expressions special educational needs and special educational provision have the meaning set out in sections 2[ and(j of the Children and Families Act Termination Notice means a notice sent by the Secretary of State to the Academy Trust, terminating this Agreement on the date specified in the notice. Termination Warning Notice means a notice sent by the Secretary of State to the Academy Trust, stating his intention to terminate this Agreement.

209 April 2016 v5 9 SEN unit 2.C Not used. qualified or is otherwise eligible to plan and prepare lessons and courses for pupils, teach pupils, and assess and report on pupils development, progress 2.E Not used. Pupils Charging 2.D Not used. 2.B The planned capacity of the Academy is 750 in the age range 11 to 16. The 2.A Subject to clause 2.4 of the Master Agreement, 7.A of this Agreement and Teachers and staff 2. RUNNING OF THE ACADEMY accordance with any relevant Guidance, employ anyone it believes is suitably 1.1 Not used. with the Master Agreement and this Agreement. 2.A.1 Not used. Master Agreement. Academy Trust from 1 Deceber section 67 of the Children and Families Act 2014, the Academy Trust may, in and attainment. Academy will be an all ability inclusive school. 1.F The Academy is a Mainstream Academy as defined in clause 1.4 of the 1.G The Academy Trust will establish and maintain the Academy in accordance 1.H The Academy opened on 1 August 2011 and will be operated by the

210 2.K For the purposes of applying the pupil premium admission criterion only, sections 1.9(f) and 2.4(a) of the School Admissions Code do not apply insofar as they prevent admission authorities from giving priority to children according to the financial or occupational status of parents or using supplementary forms that ask for: 10 April 2016 vs Admissions 2.F Subject to clauses 2.K 2.L the Academy Trust will act in accordance with, and will ensure that its Independent Appeal Panel is trained to act in accordance with, the School Admissions Code and School Admission Appeals Code published by the DfE (the Codes ) and all relevant admissions law as they apply to foundation and voluntary aided schools, and with equalities law. Reference in the Codes or legislation to admission authorities will be deemed to be references to the Academy Trust. 2.G Pupils on roll in a Predecessor School which was a maintained or independent school will transfer automatically to the Academy on opening. All children already offered a place at that Predecessor School must be admitted to the Academy. 2.H The Academy Trust must participate in the local Fair Access Protocol. The Academy Trust must participate in the coordinated admission arrangements operated by the LA in whose area the Academy is situated. If the Academy is a free school, the Academy Trust is not required to participate in coordination for its first intake of pupils. 2.) The Academy Trust may determine admission arrangements (subject to consultation in line with the Codes) that give priority for admo to iiji4re attracting the Pupil Premium, including the service premium (the pupil premium admission criterion ), but not above looked-after children and previously looked-after children. 2.J Where the Academy Trust applies the pupil premium admission criterion, it must provide information in its admission arrangements about eligibility for the premiums.

211 April 2016 v5 11 school attendance order as defined in section 437 of the consult the Academy Trust; or Education Act Before doing so the Secretary of State will consultation requirements in relation to admission arrangements is that i. following an application from an LA including complying with a 21 The Secretary of State may: responsibility for the child in question. Trust. The arrangements for appeals must comply with the Codes as they apply to foundation and voluntary aided schools. The determination of the 2.Q Subject to clause 2.R, the meaning of relevant area for the purposes of they do not comply with the Codes or this Agreement, or are otherwise 2.P The Academy Trust must ensure that parents and relevant children (as Panel if they are dissatisfied with an admission decision of the Academy 2.0 Not used. 2.M Not used. unlawful. has failed to act in accordance with the Codes or this Agreement U. where in relation to a specific child or children the Academy Trust the UK armed forces, and are exercising parental care and described in the Codes) have the right to appeal to an Independent Appeal appeal panel is binding on all parties. b) whether parents are serving in the UK armed forces or were serving in b) direct the Academy Trust to amend its admission arrangements where a) any personal details about their financial status; or a) direct the Academy Trust to admit a named pupil to the Academy: 2.N Not used. or has otherwise acted unlawfully; or

212 foundation or voluntary school, and as if references to religious education and religious worship in that section were references to the religious education and religious worship provided by the Academy in accordance with clause 2.X. 2.W Not used. 12 April 2016 vs determined by the relevant LA for maintained schools in the area in accordance with the Education (Relevant Areas for Consultation on Admission Arrangements) Regulations If the Academy does not consider the relevant area determined by the LA for the maintained schools in the area to be appropriate, it must apply to the Secretary of State by 1 August before the academic year in question for a determination of the appropriate relevant area for the Academy, setting out the reasons for this view. The Secretary of State will consult the Academy Trust and the LA in whose area the Academy is situated in reaching a decision. 2.S The Office of the Schools Adjudicator ( OSA ) will consider objections to the Academy s admission arrangements (except objections against the agreed variations from the Codes specified at clause 2.K, over which it has no jurisdiction). The Academy Trust must therefore make it clear, when determining the Academy s admission arrangements, that objections should be submitted to the OSA. The OSA s determination of an objection is binding on the Academy and the Academy Trust must make appropriate changes to its admission arrangements as quickly as possible. 2.T Not used. Curriculum 2.U The Academy Trust must provide for the teaching of religious education and a daily act of collective worship at the Academy. 2.V The Academy Trust must comply with section 71(1 )-(6) and (8) of the School Standards and Framework Act 1998 as if the Academy were a community,

213 April 2016 vs Calculation of GAG at the Academy in accordance with the requirements for agreed community, foundation or voluntary school which does not have a children at the Academy are protected from inappropriate teaching materials 3. GRANT FUNDING the School Standards and Framework Act 1998 as if it were a and that they learn the nature of marriage and its importance for family life maintained schools set out in the Education Act 1996, and have regard to any Guidance. balanced treatment of political issues, in line with the requirements for were a maintained school. requirements in section 405 of the Education Act 1996, as if the Academy 2.Y Not used. religious character, except that paragraph 4 of that Schedule does not apply. The Academy may apply to the Secretary of State for consent b) the Academy must comply with section 70(1) of, and Schedule 20 to, of the Education Act 1996, on sex and relationship education to ensure that 2(5) of Schedule 19 to the School Standards and Framework Act 1998; to be relieved of the requirement imposed by paragraph 3(2) of that 2.Z The Academy Trust must have regard to any Guidance, further to section 403 syllabuses in section 375(3) of the Education Act 1996 and paragraph Academies Act 2010): Schedule. and for bringing up children. The Academy Trust must also have regard to the Standards and Framework Act 1998 or further to section 6(8) of the religious character (in accordance with section 1 24B of the School 2.X Subject to clause 2.V, where the academy has not been designated with a a) provision must be made for religious education to be given to all pupils 2.AA The Academy Trust must prevent political indoctrination, and secure the 13

214 3.1 The Secretary of State recognises that if a Termination Notice or a Termination Warning Notice is served, or the Master Agreement is otherwise terminated, the intake of new pupils during the notice period may decline and therefore payments based on the number of pupils attending the Academy may be insufficient to meet the Academy s needs. In these circumstances the Secretary of State may pay a larger GAG in the notice period, to enable the 14 April 2016 vs. 3A-3D. Not used. 3.E The Secretary of State will calculate GAG based on the pupil count at the Academy. In order to calculate GAG for the Academy Financial Year in which the Academy opens, the pupil count will be determined on the same basis as that used by the relevant LA for determining the budget of the maintained Predecessor School. 3.F For Academy Financial Years after that referred to in clause 3.E, the basis of the pupil count for determining GAG will be: a) for pupils in Year 11 and below, the Schools Census which is used to fund maintained schools for the financial year overlapping with the Academy Financial Year in question; and b) for pupils in Year 12 and above, the formula which is in use at the time for maintained schools. 3.G The Secretary of State may, at his discretion, adjust the basis of the pupil count to take account of any diseconomies of scale which may affect the Academy if it is operating below the planned capacity in clause 2.B. If such an adjustment is made in any Academy Financial Year, this will not change the basis of the pupil count for calculating the following Academy Financial Year s GAG.. If the Seoretaryof State has indicated that dditi5lã[?ãnt maybe payable in such circumstances, the Academy Trust will bid for this additional grant based on need and providing appropriate supporting evidence. The Secretary of State may accept or refuse the bid at his discretion. 3.H Not used.

215 April 2016 vs 15 3.K The Secretary of State may pay the Academy Trust s costs in connection with 3.J Not used. Other relevant funding Carrying forward of funds for such a payment unless the Secretary of State confirms in writing that it will will be agreed on a case-by-case basis. The Academy Trust must not budget Academy to operate effectively. Undertakings (Protection of Employment) Regulations Such payment the transfer of employees from a Predecessor School under the Transfer of Agreement, or otherwise within 28 days of the transfer of the Land to ability to use the Land for the purposes of the Academy. 4.A The Academy Trust must: Restrictions on Land transfer Land means the freehold land at Upper Shirley High School, Bellemoor Road, which is to be the permanent site of the Academy. Southampton S015 7QU, being the land registered with title number HP729874, 4. LAND Property Notice means any order, notice, proposal, demand or other requirement issued by any competent authority which materially affects the Academy Trust s the Land is transferred to the Academy Trust prior to the date of this a) within 28 days of the signing of this Agreement in circumstances where set out in clause 3.1 cease to apply or the Academy closes. may be carried forward without limitation or deduction until the circumstances Notice under this Agreement, or otherwise terminates the Master Agreement, Secretary of State has sewed a Termination Notice or a Termination Warning 3.L Any additional grant made in accordance with clause 3.1, for a period after the be paid.

216 4.C The Academy Trust must not, without the Secretary of State s consent: a) grant any consent or licence; or b) create or allow any encumbrance; or c) part with or share possession or occupation; or d) enter into any onerous or restrictive obligations, 16 April 2016 vs the Academy Trust, apply to the Land Registry using Form RX1 for the following restriction (the Restriction ) to be entered in the proprietorship register for the Land: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the Secretary of State for Education, of Sanctuary Buildings, Great Smith Street London SW1P 38T; b) take any further steps reasonably required to ensure that the Restriction is entered on the proprietorship register; c) promptly confirm to the Secretary of State when the Restriction has been registered; d) it it has not registered the Restriction, permit the Secretary of State to do so in its place; and e) not, without the Secretary of State s consent, apply to disapply, modify, cancel or remove the Restriction, whether by itself, a holding company, a subsidiary company, or a receiver, administrator or liquidator acting in the name of the Academy Trust. Obligations of the Academy Trust 4.B The Academy Trust must keep the Land clean and tidy and make good any damage or deterioration to the Land. The Academy Trust must not do anything to lessen the value or marketability of the Land without the Secretary of State s consent.

217 April 2016 v5 c) must not, without the Secretary of State s consent, apply to disapply, d) must, in the case of previously unregistered land, within 14 days after 17 Commercial Property in force at that date. copy of this Agreement) for a notice of the Option (the Option Notice ) of State may exercise the Option in writing on termination of this Agreement. If Option ) to acquire all or part of the Land at nil consideration. The Secretary 4.E The Academy Trust: acquiring the Land or, if later, after signing this Agreement, apply to may apply to secure the registration. the Option Notice registered and promptly confirming to the Secretary company, a subsidiary company, or a receiver, administrator or after the registration has been completed. If the Secretary of State of State when this has been done; b) if it has not registered the Option Notice, agrees that the Secretary of this Agreement, apply to the Land Registry on Form AN1 (including a liquidator acting in the name of the Academy Trust, and a) must, within 14 days after acquiring the Land or, if later, after signing 4.D The Academy Trust grants and the Secretary of State accepts an option (the to be entered in the register, taking any further steps required to have modify or remove the Option Notice, whether by itself, a holding Option the Option is exercised, completion will take place 28 days after the exercise Option Notice State may apply to register it using Form UN1; send the Secretary of State a copy of the relevant entry within 7 days considers that the Academy Trust has not complied with this clause, he date in accordance with the Law Society s Standard Conditions of Sale for register a Class Cçv) land charge in the Land Charges Registry, and in respect of all or part of the Land.

218 Academy Trust must use its best endeavours to procure all necessary consents in order to enable it to share occupation of the Land with the incoming Academy Trust and to provide the incoming Academy Trust with security of tenure over the Land occupied by it, and shall enter into any legal arrangements which the Secretary of State requires for this purpose. The Secretary of State shall meet the necessary and reasonable costs incurred by 18 April 2016 vs Property Notices 4.F If the Academy Trust receives a Property Notice, it must: a) send a copy of it to the Secretary of State within 14 days, stating how the Academy Trust intends to respond to it; b) promptly give the Secretary of State all the information he asks for about it; c) allow the Secretary of State to take all necessary action, with or instead of the Academy Trust, to comply with it, and d) use its best endeavours to help the Secretary of State in connection with it. Sharing the Land 4.G Where: a) the Secretary of State identifies basic or parental need for additional places in the area in which the Academy is situated; and b) the Secretary of State then considers that not all the Land is needed for the operation of the Academy at planned capacity, The Secretary of State gcqnsuit with theacademy Trust to determine whether part of the Land could be demised or leased to another Academy Trust, as the Secretary of State considers appropriate, for the purpose of that Academy Trust establishing and maintaining an educational institution on the Land. 4.H To the extent the Academy Trust and the Secretary of State agree to part of the Land being demised or leased in accordance with clause 4.G, the

219 4.1 For the purposes of clause 4.G: April 2016 vs 19 5.B The Secretary of State may serve a Termination Warning Notice where he discipline; or additional demand for pupil places in the area where the Academy is b) a parental need will arise when the DfE is actually aware of an b) the standards of performance of pupils at the Academy are d) the safety of pupils or staff is threatened, including due to breakdown of managed or governed; or Termination by either party 5. TERMINATION c) planned capacity has the meaning given in clause 2.B. c) there has been a serious breakdown in the way the Academy is considers that: Termination Warning Notice area where the Academy is situated is greater than the existing a) a basic need will arise when the forecast demand for pupil places in the 5.A Either party may give at least seven Academy Financial Years notice to a) the Academy Trust has breached the provisions of this Agreement or the Academy Trust in connection with this clause. capacity to provide them; situated, following representations from parents in that area; and unacceptably low; or terminate this Agreement. Such termination would take effect on 31 August of the relevant year. the Master Agreement; or

220 b) the Academy requires significant improvement the Secretary of State may serve a Termination Warning Notice, specifying the date by which the Academy Trust must make any representations. 5.G In deciding whether to give notice of his intention to terminate under clause 5.F, the Secretary of State will have due regard to the overall performance of the Academy Trust. 20 April 2016 vs e) the Academy is coasting provided he has notified the Academy Trust that it is coasting. 5.C A Termination Warning Notice served under clause 5.B will specify: a) the action the Academy Trust must take; b) the date by which the action must be completed; and c) the date by which the Academy Trust must make any representations, or confirm that it agrees to undertake the specified action. 5.0 The Secretary of State will consider any representations from the Academy Trust which he receives by the date specified in the Termination Warning Notice. The Secretary of State may amend the Termination Warning Notice to specify further action which the Academy Trust must take, and the date by which it must be completed. 5.E If the Secretary of State considers that the Academy Trust has not responded to the Termination Warning Notice as specified under clause 5.C(c), or has not completed the action required in the Termination Warning Notice as specified under clauses 5.C(a) and (b) (and any further action specified under clause 5.D) he may serve a Termination Notice. Termination bythe Secretary f stat äfté? mpecflon S.F If the Chief Inspector gives notice to the Academy Trust that; a) special measures are required to be taken in relation to the Academy; or

221 April 2016 vs 21 remains satisfied that this Agreement should be terminated; 5.J If the Secretary of State has determined that the Academy will be removed 5.P If the Secretary of State serves a Termination Notice under clause 5.A, the determination is pending, he may serve a Termination Notice. Academy Trust may continue during the notice period to admit pupils to the continue during the notice period to admit pupils to the Academy (unless the from the Register of Independent Schools and no appeal against that Termination by the Secretary of State 5.1 Not used. he may serve a Termination Notice. Academy, and to receive GAG and EAG, in accordance with this Agreement. 5.Q If the Secretary of State serves a Termination Warning Notice or a Termination Notice otherwise than under clause 5.A, the Academy Trust may Funding and admission during notice period 5.0 Not used. 5.M Not used. b) having considered the representations made by the Academy Trust 5.H If the Secretary of State has served a Termination Warning Notice under a) has not received any representations from the Academy Trust by the 5.K Not used. 5.L Not used. 5.N Not used Not used. date specified in the notice; or clause 5.F and:

222 ii. any professional accounting advice the Academy Trust has received; Hi. a detailed statement of steps which the Academy Trust proposes to take to ensure that the running costs of the Academy are reduced such that costs are less than the Funding Allocation and All Other Resources, and the period of time within which such 22 April 2016 v5 Secretary of State specifies otherwise), and to receive GAG and EAG, in accordance with this Agreement. Notice of intention to terminate by Academy Trust 5.R The Secretary of State will, before the start of each Academy Financial Year, provide the Academy Trust with a final funding allocation indicating the level of GAG and EAG to be provided in the next Academy Financial Year (the Funding Allocation ). 5.5 If the Academy Trust is of the opinion that, after receipt of the Funding Allocation for the next Academy Financial Year (the Critical Year ) and after taking into account all other resources likely to be available to the Academy, including other funds that are likely to be available to the Academy from other academies operated by the Academy Trust ( All Other Resources ), it is likely that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent (and for this reason only) then the Academy Trust may give written notice of its intention to terminate this Agreement on 31 August before the Critical Year. 5.T Any notice given by the Academy Trust under clause 5.S must be provided to the Secretary of State within six weeks of the Secretary of State issuing the Funding Allocation. The notice given by the Academy Trust under clause 5.S must specify: a) the grounds upon which the Academy Trust s opinion is based, including: i. evidence of those grounds;

223 April 2016 vs be requested to specify in his determination the amount of the shortfall in upon the appointment of the Expel then the Expert will be appointed by the experience of educational institutions or academies. If the parties fail to agree 5.U Both parties will use their best endeavours to agree whether or not the cost of to become insolvent. Both parties recognise that they will need to engage in a 5.W The Expert will be an insolvency practitioner with significant professional running the Academy during the Critical Year would cause the Academy Trust solution to the problem. pupils at the Academy and use their best endeavours to agree a practical Expert s determination will be final and binding on both parties. The Expert will funding (the Shortfall ). will be referred to an independent expert (the Expert ) for resolution. The 5.V If no agreement is reached by 30 April (or another date if agreed between the c) a detailed budget of income and expenditure for the Academy during Other Resources expected to be available to the Academy Trust to run the Academy and the projected expenditure on the Academy; and the Critical Year (the Projected Budget ). constructive dialogue at the time about how best to provide education for the parties) as to whether the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent, then that question The Experts fees will be borne equally between the parties. 23 specialist will be appointed by the Chairman of the Specialist Schools and issues arising from the budget management of schools. If the parties fail to agree upon the appointment of the educational specialist then the educational advice from an educational specialist who is professionally familiar with the 5.X The Expert will be required in reaching his determination to take account of President of the Institute of Chartered Accountants in England and Wales. Academies Trust (or any successor or equivalent body). The educational b) the shortfall in the Critical Year between the Funding Allocation and All steps will be taken; and

224 a) staff compensation and redundancy payments; b) compensation payments in respect of broken contracts; c) expenses of disposing of assets or adapting them for other purposes; d) legal and other professional fees; and 24 April 2016 vs, specialist s fees will be borne equally between the parties. 5.Y If the Expert determines that the cost of running the Academy during the Critical Year would cause the Academy Trust to become insolvent, and the Secretary of State will not have agreed to provide sufficient additional funding to cover the Shortfall, then the Academy Trust will be entitled to terminate this Agreement, by notice expiring on 31 August before the Critical Year. Any such notice wilt be given within 21 days after (a) the Expert s determination will have been given to the parties or (b), if later, the Secretary of State wifl have given written notice of his refusal to provide sufficient additional funding for the Academy to cover the Shortfall. Effect of termination 5.Z If this Agreement is terminated, the Academy will cease to be an Academy within the meaning of sections 1 and 1A of the Academies Act M Subject to clauses 5.BB and 5.CC, if the Secretary of State terminates this Agreement under clause 5.A, he will indemnify the Academy Trust, If the Secretary of State terminates this Agreement otherwise than under clause 5.A, he may at his discretion indemnify or compensate the Academy Trust. 5.BB The amount of any such indemnity or compensation will be determined by the Secretary of- State, having regard t Tepffl5iittidh Thãdë tb him by the Academy Trust, and will be paid as and when the Secretary of State considers appropriate. 5.CC The categories of expenditure incurred by the Academy Trust in consequence of termination, for which the Secretary of State may indemnify the Academy Trust under clauses 5.AA, may include:

225 e) dissolution expenses. 5.DD If this Agreement is terminated, and the Academy Trust owns capital assets which have been partly or wholly funded by HM Government, the Academy Trust must, as soon as possible after the termination date: a) transfer a proportion of those capital assets, equal to the proportion of the original financial contribution made by HM Government, to a nominee of the Secretary of State to use for educational purposes; or b) if the Secretary of State directs that a transfer under clause 5.DD(a) is not required, pay to the Secretary of State at the termination date (or, by agreement with the Secretary of State, at the date of their subsequent disposal) a sum equivalent to the proportion of the original financial contribution made by HM Government. 5.EE The Secretary of State may: a) Waive all or part of the repayment due under sub-clause 6.DD(b) if the Academy Trust obtains his permission to invest the sale proceeds for its charitable purposes; or b) direct the Academy Trust to pay all or part of the sale proceeds to the relevant LA. 6. OTHER CONTRACTUAL ARRANGEMENTS Annexes 6.A Any annexes to this Agreement form part of and are incorporated into this Agreement. The Master Agreement 6.B Except as expressly provided in this Agreement, all provisions of the Master Agreement have full force and effect. General April 2016 vs 25

226 26 April 2016 v5 6.C The Academy Trust cannot assign this Agreement. 6.D Failure to exercise, or a delay in exercising, any right or remedy of the Secretary of State under this Agreement (including the right to terminate this Agreement), or a single or partial exercise of such a right or remedy, is not a waiver of, and does not prevent or restrict any initial or further exercise of, that or any other right or remedy. 6.E Termination of this Agreement will not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination. 6.F This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all of which will together constitute the same agreement. 6.G This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and submitted to the exclusive jurisdiction of the courts of England and Wales. 6.H Not used.

227 April 2016 vs EHC plan means an Education, Health and Care plan made under sections 37(2) an EHC plan, it may ask the Secretary of State to determine whether the LA 7.C Not used 27 of the Children and Families Act of the LA s notice, the Academy Trust must consent to being named, except The Secretary of State s determination will be final, subject to any right of naming the Academy. Academy Trust considers that a LA should not have named the Academy in Educational Needs and Disability) or the Upper Tribunal Administrative that Academy to be suitable for the pupil in question. Within 15 days of receipt it must give the Academy Trust written notice of this, stating why it considers educational needs, including the admission of pupils with EHC plans. If an 7.A Except as set out in clause 8 below, the Children and Families Act D Not used. 8.B Where an LA proposes to name one of the Academies in a statement of SEN, 7.B Not used Appeals Chamber Act A The Academy Trust must for each of its Academies, subject to its right of Statement of SEN means a statement made under section 324 of the Education DISABILITIES 7. PUPILS WITH SPECIAL EDUCATION NEEDS (SEN) AND has acted unreasonably, and to make an order directing the LA to reconsider. imposes duties directly on Academies in respect of pupils with special appeal which a parent of the child may have to the First Tier Tribunal (Special 8. ADMISSION OF PUPILS WITH SEN AND DISABILITIES appeal to the Secretary of State, admit all pupils with a statement of SEN ANNEXES

228 Tribunal s decision will be binding, even if it is different from that of the Secretary of State. e.g Where it has been finally determined that the Academy be named in a child s statement of SEN, the Academy Trust must admit the child to the Academy, notwithstanding any other admissions requirements in this Agreement. 28 April 2016 vs where admitting the child would be incompatible with the provision of efficient education for other children, and no reasonable steps could secure compatibility. In deciding whether a child s inclusion would be incompatible with the efficient education of other children or the efficient use of resources, the Academy Trust must have regard to the relevant Guidance issued to maintained schools. S.C If the Academy Trust decides that admitting the child would be incompatible with the provision of efficient education or the efficient use of resources, it must, within the 15 days1 notify the LA in writing, giving its reasons for its decision. S.D The Academy Trust must then seek to establish from the LA whether or not it agrees with this determination. If the LA does not agree with the Academy Trust s response, and names the Academy in the child s statement of SEN, the Academy Trust must admit the child to the school as specified in the statement or otherwise by the LA. 8.E If in such case, the Academy Trust considers that the LA should not have named the Academy in the statement, it may ask the Secretary of State to determine whether the LA has acted unreasonably, and to make an order directing the LA to reconsider. The Secretary of State s determination will be final, subject only to any right of appeal which a parent of the child may have to the First-tier Tribunal (Special Educational Needs and Disability) or the Upper Tribunal Administrative Appeals Chamber. S.F If a parent of a child for whom the LA maintains a statement appeals to the First-tier Tribunal (Special Educational Needs and Disability), either for or against the naming of the Academy in the child s statement, then the