18 Conversion of The Grange School to Wade Deacon Trust - Key Decision PDF 305 KB
Minutes:
The Board considered a report of the Strategic Director, People, which
provided a summary of the arrangements for the conversion of The Grange School
to Wade Deacon Trust, and also sought authority to undertake any actions
necessary to effect the transfer.
The Board was advised that The Grange School was an All-through school
catering for pupils from age 3 to 16. It was funded through a Private Finance
Initiative (PFI) with service commencement from April 2013.
It was reported that the Local Authority had received an Academy Order
from the Secretary of State for Schools in October 2016, which approved the
conversion of The Grange School to Academy Status, as part of the Wade Deacon
Trust. Due to the complexity of the conversion, a request was made to the Department for
Education to provide financial assistance to secure specialist legal support.
The Board noted that in May 2017, the law firm Freeths
were commissioned to work alongside Halton’s Legal
Services to represent the Council’s interests during the academy conversion.
Given the delay in commencing negotiations, the original conversion date had
been delayed. However, a number of key documents would require amendment and
agreement, as set out in the report, but which included the School’s Agreement,
the Principal Agreement, the Long Term Lease, Service Level Agreements and the
Deed of Variation to the PFI contract.
Reason(s) For
Decision
To seek delegated approval
to facilitate the conversion of The Grange School to Wade Deacon Trust.
Alternative
Options Considered and Rejected
All key documents
considered and agreed by Executive Board. This option was rejected due to the
number of changes required, the number of partners involved and the impact this
would have on the timescale for conversion.
Implementation
Date
Delegated
powers to take effect from July 2017.
RESOLVED: That
1) The
appointment of the law firm Freeths to act for the
Authority in the conversion of The Grange PFI School be noted;
2) Authority
be delegated to the Operational Director, Education, Inclusion and Provision,
in consultation with the Portfolio holder for Children, Young People and
Families, to agree to the following:-
i)
Schools Agreement;
ii)
Principal Agreement;
iii)
Deed of Variation;
iv)
Lease;
v)
Service Level Agreement for Resource Base
Provision;
vi)
Shared Use Agreement; and
vii)
Commercial Transfer Agreement.
3) Authority is delegated to the Operational Director,
Education, Inclusion and Provision, in conjunction with the Portfolio holder
for Children, Young People and Families, to undertake any actions necessary to
effect the conversion.