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Services for Trust Schools


professional advice, speedy turnaround and

complete reliability Chambers

Becoming a Trust School is an exciting process but you have to get it right. We offer a complete tailored service, whether or not you are already a Foundation School. We discuss your particular needs and then provide a cost-effective service that fits your requirements. We will support you from the outset or from any stage in the process.

Getting it Right To date we have assisted over 20 schools in the change to Foundation Status and a similar

Helping Your Project Partners to Work Together: Project Briefings and Meetings Those involved may need different levels of

number in becoming Trust Schools. We

information about the process of becoming a

currently have over 80 Foundation Schools as

member of a Trust. We provide this clearly


and concisely. We have wide-ranging

If you are a Community School, we can guide you through the different processes of becoming a Foundation School and acquiring an interest in an external Trust if you want to take both steps as once. Alternatively, if you first want to change category to becoming a Foundation School as a separate process, please see our separate publication “Services for Foundation Schools” available on our website or via the contact details below.

experience in supporting the different needs of Governors, Headteachers and all types of external partner through this process. Specifically, we help Governing Bodies to understand the full implications of the School working formally with an external partner or partners, and the changes to the School’s Governing Body needed when the School acquires membership of an external Trust. Setting up a Trust Company that Fits A Trust School is a Foundation School with membership of an external charitable company, whose other members are partners of the School. The company becomes the formal owner of the School site, subject to close controls, and has the right to appoint foundation governors – either as a majority or a minority on the governing body at your choice. We explain this structure and set up the company tailored to your particular partnership ideas but based on a generally

accepted model form. We also explain the

Foundation School) or your Local Authority to

process for withdrawing from the Trust

the Trust’s charitable company. In practice

although we hope that will never prove

the Trust cannot do anything with the School’s


property without your agreement, but this change in formal ownership needs to be fully

Supporting the Process of Proposal and

understood and properly implemented. We


add documentation to ring-fence the position

We help you through the detailed legal

decisions about the land and its use.

of the Governing Body when it comes to requirements and practical details of the process of becoming a Trust School. If you

Where necessary, we will help you to

need it, we can advise on how to consider

establish the School’s entitlement to use of its

responses to consultations and the steps

land and plan how to achieve what you want,

Governors need to take at each stage of the

especially where there are complex questions

process. We can do as much or as little as you

of joint or community use. We will negotiate

feel necessary, ranging from simply checking

with your Local Authority regarding ownership

your documents and decision making as the

and use if needed, and ensure that the

process unfolds, through to running the whole

School’s rights are clearly secured without

process for you. We give you confidence that

delaying the overall process of becoming a

you are legally compliant in your journey to

Trust School.

Trust Status.

If you are already a Foundation School with established land ownership, we ensure that

The Governing Body as Employers of the

your Governors are fully informed about

School’s Staff

property issues when deciding to acquire

If you are going straight from Community to

Trust Status.

Trust Status, we help you explain this change to Staff and their Union Representatives, and also advise on the practical consequences including contracts of employment, equal pay matters and continued support staff access to local authority pension schemes. Protecting the School’s Interests in its Property Changing to Trust Status means that formal ownership of the School site passes from your Governing Body (if you are already a

Helping you to work with your Local Authority Not all local authorities are supportive of Trust Schools. We have considerable experience in negotiation with local authorities on behalf of schools, in particular regarding property ownership and use when a School changes from being Community School to a Trust School in one step. Admission Issues If you are going straight from Community to Trust Status, we have particular expertise advising on admissions to maintained schools and can provide you with the support you need in being

Continued Help

your own admission authority. In particular we can advise you

Many of our Trust School clients have decided to use our

on determining your admission policy and administering your

independent advice to support their Trust status, and we aim to

own admission appeals.

provide a range of services which are practical and affordable. This includes our termly “no hassle” retainer service for routine legal queries (please see our separate publication available on our website or via the contact details below). For further information, please contact either Roger Inman on 020 77961007 or or Richard Gold on 020 7324 1746 or

The Stone King Education Team

Stone King LLP

Education Law, including all governance, pupil and parent issues.

13 Queen Square Bath BA1 2HJ Tel. 01225 337599 Fax. 01225 335437

Roger Inman Partner and Head of Education Team

16 St John’s Lane London EC1M 4BS Tel. 020 7796 1007 Fax. 020 7796 1017


Wellington House East Road Cambridge CB1 1BH Tel. 01223 451070 Fax. 01223 451100

Richard Gold Consultant Michael Brotherton Senior Associate

Nick Watson Partner and Head of Employment Team

Business and Charity Issues, including Start Ups, Acquisitions and Disposals: Michael King Senior Partner and Head of Charity Team Stephen Ravenscroft Partner, Charity Team Roy Butler Partner, Head of Corporate & Commercial

Property Hugh Pearce Partner, Head of Property Team

email: Stone King LLP - registered limited liability partnership no OC315280, registered office 13 Queen Square, Bath BA1 2HJ

© Stone King LLP 2010