HUNGERHILLACADEMYTRUST
DEEDOF VARIATIONOF FUNDINGAGREEMENT 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”); and
(2) Hurigerhill Academy Trust, a charitable company incorporated in England and Wales with registered company number 07939747, whose registered office is at Hungerhill School, Hungerhill Lane, Edenthorpe, Doncaster, DN32iY(the “Academy Trust “) together referred to as the “Parties”
INTRODUCTION
A. The Parties entered into a Funding Agreement for the purposes of a single academy on 1st March 2012, a copy of which is contained in Schedule A (the “Existing FA”).
B. The Company now intends to run more than one academy.
C. The Parties therefore have agreed to amend and restate the terms of the ExistingFA, in accordance with the terms of this Deed, to form a multi academy trust.
LEGALAGREEMENT
1. Words, expressions and interpretations used in this Deed shall, unless the context expressly requires otherwise, have the meaning given to them in, and shall be interpreted in accordance with, the Master Funding Agreement (as defined in clause 2 below).
2. The Secretary of State and the Company agree that with effect from the date of this Deed, the Existing FAshall be amended and restated in the form of a new agreement which shall consist of the terms of the Master Funding Agreement contained in
Schedule B(the “Master Funding Agreement”) and separating other provisions into a
corresponding Supplementary Funding Agreement contained in Schedule C (the “Supplemental Funding Agreement”)..
GOVERNING LAWAND JURISDICTION
3. This Deed, and any dispute or claim arising out of or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales. 4. 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).
COUNTERPARTS
5. 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.
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.
EXECUTEDas a deed by affixing the corporate seal of the Secretary of State for Education authenticated by:-
c..k—L-\ Duly authorised by the-Sertary of State for Education Date?.//.Y
EXECUTEDas a deed by Hungerhill Academy Trust acting by:
Director
Print name..( Date In the presence of
Witness signature: Witnessname: P’Q Ccc_.._4 Witness address: Ef:? Cc.L.A PN sc SCHEDULEA Hungerhill ACADEMYTRUST EXISTINGFUNDING AGREEMENT IL
11
July2011
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11
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Change of Control 102A — 102C Effect of Termination 103 110 GENERAL Information 111 —112
Access by Secretary of State’s Officers 113 — 115 Land 115A-115E Notices 116—117 General 118—119 ANNEXES TO AGREEMENT Memorandum and Articlesof the Academy Trust AnnexA Admissions Requirements Annex B Arrangements for pupilswithSEN and disabilities at each Academy AnnexC Serious incidents of misbehaviour leading to fixed periodor permanent exclusion Annex D
11 July2011 v2 INTRODUCTION
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to - 9- 16)The Academy shall complywiththe requirements of the Education(Independent School Standards) (England) Regulations 2010 (or such other regulationsas may for the time being be applicable)in relationto carrying out enhanced criminalrecords checks, obtaining enhanced criminalrecords certificates and makingany furtherchecks, as required and appropriate for members of staff, supply staff, individualGovernors and the Chair of the Governing Body.
Pupils
17)The planned capacity of the Academy is 1120 in the age range 11- 16,. The Academy
willbe an all abilityinclusiveschool whose requirements for;
a) the admission of pupils to the Academy are set out inAnnex Bto this Agreement; b) the admission to the Academy of and support for pupilswithSEN and withdisabilities (for pupilswho have and who do not have statements of SEN)are set out in Annex C to this Agreement; c) pupilexclusions are set out in Annex D to this Agreement.
Designated Teacher for Looked After Children
17A) The Academy Trust will in respect of the Academy act in accordance with, and be bound by, all relevant statutory and regulatory provisions and have regard to any guidance and codes of practice issued pursuant to such provisions, as they apply at any time to a maintained school, relating to the designation of a person to manage the teaching and earning programme for children who are looked after by an LAand are registered pupils at the school. For the purpose of this clause, any reference to the governing body of a maintained school in such statutory and regulatory provisions, or in any guidance and code of practice issued pursuant to such provisions, shall be deemed to be references to the Governing Bodyof the Academy Trust.
Teachers and other staff
18)Subject to clause 19, the Academy Trust shall not employ anyone under a contract of employment or for services to carry out planning and preparing lessons and courses for pupils, deliveringlessons to pupils, assessing the development, progress and attainment of pupils, and reporting on the development, progress and attainment of pupils (“specifiedwork”)who is not either:
a) a qualifiedteacher withinthe meaning of regulations made under section 132 ofthe
11 July2011 v2 19)
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and —11— b) its approach to the curriculum;
c) the GCSE options (and other Key Stage 4 qualifications)offered by the Academy; and
d) how parents (including prospective parents) can obtain further information in relation to the Academy’s curriculum.
23) The Academy Trust shall ensure that the broad and balanced curriculumincludes English, Mathematics and Science.
24) The Academy Trust shall make provisionfor the teaching of religiouseducation and for a daily act of collectiveworship at the Academy.
25) Where the Academy is designated witha religious character in accordance withsection
124B of the School Standards and Framework Act 1998 or furtherto section 6(8) of the Academies Act 2010:
a) subject to clause 27, the Academy Trust shall ensure that provisionis made for Religious Education to be given to all pupils at the Academy in accordance with the tenets of the specified religionor religious denomination of the Academy; b) subject to clause 27, the Academy Trust shall complywith the requirements of section 70(1) of, and Schedule 20 to, the School Standards and FrameworkAct 1998
as ifthe Academy were a foundation school with a religiouscharacter or a voluntary
school, and as ifreferences to ‘the required collectiveworship’were references to
collectiveworship in accordance withthe tenets and practices ofthe specified religionor religious denomination of the Academy; c) the Academy Trust shall ensure that the quality of ReligiousEducation given to pupils at the Academy and the contents of the Academy’s collectiveworship given in accordance withthe tenets and practice of the specific religionor religious denomination are inspected. Such inspection shall be conducted by a person chosen by the Academy Trust and the Academy shall secure that such inspection shall complywiththe requirements set out in any statutory provisionand regulations as if the Academy were a foundation or voluntary school whichhas been designated under section 69(3) of the School Standards and FrameworkAct 1998 as having a religious character.
26) Where the Academy has not been designated with a religious character in accordance
with section 124B of the School Standards and FrameworkAct 1998 or further to Section
11 July2011 v2 27)
28)
6(8)
28A)
11
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102) The Secretary of State’s rightto terminate this Agreement under clause 101 shall
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Change of Control of the Academy Trust
102A) The Secretary of State may at any time by notice in writing,subject to clause 1020) below, terminate this Agreement forthwith(or on such other date as he may in his absolute discretion determine) in the event that there is a change: (a) in the Controlof the Academy Trust;
(b) in the Controlof a legal entitythat Controls the Academy Trust.
102B) The Academy Trust shall, as soon as it is reasonably practicable to do so after it has become aware of any change or proposed change of Controlwithinthe meaning of clause 102A), give written notice to the Secretary of State of such change or proposed change of Control.
1020) When notifyingthe Secretary of State further to clause 102B), the Academy Trust may seek the Secretary of State’s agreement that, ifhe is satisfiedthat the person assuming Control is suitable, he will not in those circumstances exercise his right to terminate this Agreement further to clause 102A).
Effect of Termination
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Restrictions on Land transfer
115A) Recognising that they are or willbe receiving publiclyfunded land at nilconsideration (whichfor the purposes of this transaction shall includeleases granted at a peppercorn rent) the Academy Trust:
a) shall, within28 days from the transfer to it of the Land, apply to the Land Registry for a restrictionin the proprietorship register (under section 43(1)(a) of the Land RegistrationAct 2002 in Form RX1as prescribed by Rule 91 and Schedule 4 of the Land Registration Rules 2003) in the followingterms:
No dispositionof the registered estate by the proprietorof the registered estate is to be registered withouta writtenconsent signed by the Secretary of State for Education, of Sanctuary Buildings, Great Smith Street, London SW1P 3BT
b) shall take any further steps required to ensure that the restrictionreferred to
in clause 115A(a)is entered on the proprietorship register,
c) shall providethe Secretary of State with confirmationof the entry ofthe
restriction referred to in clause 115A(a)as soon as practicableafter it receives notificationfrom the Land Registry,
d) in the event that it has not registered the restrictionreferred to in clause 115A(a), hereby consents to the entering of the restrictionreferred to in 115A(a)in the register by the Secretary of State (under s. 43(1)(b)of the Land Registration Act 2002),
e) shall not, withoutthe consent of the Secretary of State, apply to dis-apply, modifyor remove (by cancellation or otherwise) a restrictionentered in accordance with clause 115A(a)or 115A(d) above, whether by itself,a holdingcompany, a subsidiary company, or a receiver, administrator or liquidatoracting in the name of the Trust.
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The Corporate Seal of the Secretary ofState for Education, hereunto affixedis authenticated by:
Duly Authorised
11 July2011 v2 10
September
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COMPANIES
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A
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HUNGERHILL THE
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THE COMPANIESACT2006
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I 11 August2010VS INTERPRETATION
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aa. words importingthe masculine gender only shall includethe femininegender. Words importingthe singular number shall. include the plural number, and viceversa;
bb. subject as aforesaid, words or expressions contained in these Articlesshall,
unless the context requires otherwise, bear the same meaning as in the Companies Act2006, as appropriate;
cc. any reference to a statute or statutory provisionshall include any statute or statutory provision which replaces or supersedes such statute or statutory provisionincludingany modificationor amendment thereto.
2. The company’sname is HungerhillAcademy Trust (and in this document it is called ‘the Academy Trust”).
3. The AcademyTrusVsregistered officeis to be situated in Englandand Wales.
OBJECTS
4. The Academy Trusts objects (“the Objects”) is specificallyrestricted to the following:
(a) to advance for the public benefit education in the UnitedKingdom,in particular but without prejudice to the generality of the foregoing by establishing, maintaining, carrying on, managing and developing a school offeringa broad and balanced curriculum(“theAcademy”)
(b) promoting for the benefit of the inhabitants of Edenthorpe and the surrounding area the provision of facilitiesfor recreation or other leisure time occupation of individualswho have need of such facilities by reason of their youth, age, infirmityor disablement, financial hardship or social and economic circumstances or for the public at large in the interests of social welfare and withthe object of improving the conditionof lifeofthe said inhabitants
5. In furtherance of the Objects but not further or otherwisethe Academy Trust may exercise the followingpowers:
(a) to draw, make, accept, endorse, discount, execute and issue promissory
4 11August2010V3 11
August
(b)
(c)
(d)
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industry, commerce, other schools and the voluntary sector to the
education of pupilsin academies;
(I)subject to such consents as may be required bylawand/or by any contract entered into by or on behalf of the Academy Trust to borrow and raise money for the furtherance of the Objects in such manner and on such security as the Academy Trust may thinkIit;
(m) to deposit or invest any funds of the Academy Trust not immediately requiredfor the furtherance of its Objects (butto invest onlyafter obtaining such advice from a financial expert as the Governorsconsider necessary and having regard to the suitability of investments and the need for diversification);
(n)to delegate the management of investments to a financialexpert, but only on terms that:
(I) the investment policyis set down inwritingforthe financial expert bythe Governors;
(ii) every transaction is reported promptlyto the Governors; the performance ofthe investmentsis reviewed regularlywiththe Governors;
(iii) the Governors are entitledto cancel the delegation arrangement at any time;
(iv) the investment policyand the delegation arrangement are reviewed at least once a year;
(v) all payments due to the financialexpert are on a scale
or at a levelwhichis agreed in advance and are notifiedpromptlyto the Governorson receipt;and
(vi) the financialexpert must notdo anythingoutsidethe powers of the Governors.
(a) to arrange for investments or other property of the Academy Trust to be held in the name of a nominee company actingunder the control of the Governors or of a financial expert acting under their instructions,and to pay any reasonable fee required;
6 11 August2010V3 6.1
6.2
11
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partner;
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a MEMBERS
12.
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13.
I
15.
I
11
There
August
The
Each
right
Member vacancy
If
their
Members.
Membership
any
must a.
b.
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d. Members
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b)
c)
from
2010
of
replaced
reason his a)
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person
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exist
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remove
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not
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by 16.
17.
18.
GENERAL
19.
20,
11
August2OlOV3
The
the Members
remove
Every sign
Any on
Members
on person
that three
replacement
The
addition
such
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Annual
not
General
appoint.
General
The
pursuant
to within
Governor
composition
becoming
c)
the
Member(s)
Members
a
Member
MEETINGS no
convene
hold
Academy of
person
written
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in a
unless
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as
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persons
to
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notice a
notices
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may
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date may a
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meetings
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to by
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general
other
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think
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provisions
contains
Meeting
year
resign
shall be
the
Member Provided
agree
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becomes
Kingdom shall
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than
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to
call
meetings removed
shall fit
of
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Member’s
be
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meeting take
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and
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unanimously
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to
held
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of it;
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sufficient
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A
at in shall
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General
creditors
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meetings
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accompanied such unanimously
that
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Member
accordance
13
Annual
long
Annual
him not
Governors
year,
in more
after
of
time
the
as
writing
or
or
of
be months under
a Meeting
shall
generally
Trust
and,
General
or
in the
and such
the and
notice
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number
General
makes
Act
required)
the
sign
(save
cease
with
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Academy Articles
on
shall to
to place by
may
2006,
fifteen
resignation
of
following
of
call
the
in
the appoint
that
Meetings
of the
its
any the
that
call
to specify
Meeting writing
as
requisition
a Members
register
shall
in
incorporation,
13
be
months
Act.
general
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a
appointment
the
the
Trust
Trust
arrangement
writing
general
year.
one
or
such
forthwith
the
Governors
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signed
agreement
shall
If
each
16
of
immediately holds
shall
there
shall
is
meeting,
number additional
meeting The
of
Members
agree
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meeting,
provided
be
Members
year
by
proceed
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Annual
it
its elapse
are
of
called
than
need
shall the
or
and
to of first
of
any
as
not
in
a Single Academy
NOTICEOF GENERALMEETINGS
21, General meetings shall be called by at least fourteen clear days’ notice but a general meeting may be called by shorter notice if it is so agreed by a
majorityin number of Members having a rightto attend and vote and together representing notless than 90% of the total votingrightsat that meeting.
The notice shall specify the time and place of the meeting and the general nature of the business to be transacted and, inthe case of an AnnualGeneral Meeting, shall specify the meeting as such. The notice shall also state that the Memberis entitledto appoint a proxy.
The notice shall be given to all the Members, to the Governorsand auditors.
22. The accidental omission to give notice of a meetingto, or the non-receipt of notice of a meeting by, any person entitled to receive notice shall not invalidatethe proceedings at that meeting.
PROCEEDINGSATGENERALMEETINGS.
23. No business shall be trarisacted at any meeting unless a quorum is present. A Membercounts towards the quorum by being present either in person or by proxy. Two persons entitledto vote upon the business to be transacted, each being a Memberor a proxy of a Member or a dulyauthorised representative of a Memberorganisation shall constftute a quorum.
24, Ifa quorum is not present withinhalf an hour fromthe time appointed for the
meeting, or ifduring a meeting a quorum ceases to be present, the meeting shall stand adjourned to the same day inthe nextweek at the same time and place or to such time and place as the Governorsmay determine.
25. The chairman, if any, of the Governors or in his absence some other Governor nominated by the Governors shall preside as chairman of the
meeting, but if neither the chairman nor such other Governor (if any) be present withinfifteen minutes after the time appointedfor holdingthe meeting and willingto act, the Governors present shall electone of their number to be
chairman and, ifthere is onlyone Governor present and willingto act, he shall be the chairman.
26. Ifno Governor is willingto act as chairman, or ifno Governoris present within
14 11August2OlOV3 27.
28.
29.
30.
31.
fifteen
present 11 A
attend
The
meeting
meeting),
no
business
adjournment
or
date
business such
A August Governor
hands
a
2006,
more, business Unless
resolution
majority, resolution
effect poll without
chairman against
The
with minutes
not the
and (a)
and (b) notice. (c) and
a 2010 unless is
at
poll invalidate
demand the by which adjourn at by poll by speak total in to meeting.
entitled
duly place
a shall, which
proof
such least the
the at
was or a V3 be consent not shall
after
may
poll put
has may,
Member least voting
before,
might lost, chairman; demanded.
transacted. at
minutes taken
resolution. of of the made. seven notwithstanding
for to to the
be a be any
the is
been
the
two with
the
or vote
the
quorum
of meeting a demanded:
duly rights properly time transacted
or place. general result
Single number not or poll the
clear Members
adjourned
of vote
the on shall
carried
or
Members
appointed
demanded
carried chairman, the
may
of
the
Subject Otherwise of
days’ consent When from
is of
choose have Academy meeting.
all
or meeting
a
declaration
the be present
at
show that having or the
proportion
time
by
notice
meeting
withdrawn, representing a been
any
meeting to for
carried
Members meeting
one The a
of he 15
a
of it
to the shall
holding
particular
the
adjourned
(and shall a declaration transacted
shall is hands time
of withdrawal
of
provisions majority
of right and not their
be
unanimously, shall
the
is
not shall the and
before be
the
having
adjourned a conclusive
declared not
to the
number
result
majority given votes be
be Member,
from vote meeting meeting,
less at of if
of by general
necessary
the decided
of
the the so
the
of a
at recorded specifying place
than the
the to
demand
before
poll the
the for and directed
meeting right evidence
or Members
be
other be the
Companies
chairman fourteen
show one-tenth nature
meeting; to
is
on
chairman. by
an
entitled
to Members
to
the taken, place,
in
a for than
entry the a vote
give
had
by favour of
show
demand of
a particular of
at
hands time, days
the poll the or
but the but
the to that at of any to
the
a
Act
of the of the
that
shall fact
only
a or for Single Academy
32. A pollshall be taken as the chairman directs and he may appoint scrutineers (whoneed not be Members) and fix a time, date and place for declaring the results. The result of the poll shall be deemed to be the resolution of the meeting at whichthe pollwas demanded.
33. A poll demanded on the election of the chairman or on a question of
adjournment shall be taken immediately. A poll demanded on any other question shall be taken either immediately or at such time, date and place as
• the chairman directs not being more than thirty days after the poll is demanded. The demand for a pollshall not prevent continuance of a meeting forthe transaction of any business other than the question on whichthe pollis
demanded. If a poll is demanded before the declaration of the result of a show of hands and the demand is dulywithdrawn,the meeting shall continue
as ifthe demand had not been made.
34. No notice need be given of a poll not taken immediatelyifthe time, date and
place at which it is to be taken are announced at the meeting at which it is demanded. In other cases at least seven clear days’ notice shall be given specifyingthe time, date and place at whichthe pollis to be taken.
35. A resolution in writingagreed by such number of Members as required if it
had been proposed at a general meeting shall be as effectualas ifithad been passed at a general meeting duly convened and held providedthat a copy of the proposed resolutionhas been sent to every Member. The resolutionmay consist of several instruments in the like form each agreed by one or more Members.
VOTES OF MEMBERS
36. On the show of hands every Member present inperson shall have one vote. On a pollevery Memberpresent in person or byproxyshall have one vote.
37. Notused.
38. NoMember shall be entitled to vote at any general meetingunless allmoneys then payable by himto the Academy Trust have been paid.
39. No objections shall be raised to the qualificationof any person to vote at any general meeting except at the meeting. or adjourned meeting at which.the vote objected to is tendered, and every vote not disallowedat the meeting
16 11August2010V3 40.
41.
11
shall
chairman
An
the
August as
Governors
Where
form how
which
instrument
circumstances
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42. The instrument appointinga proxy and any authorityunder whichit is signed or a copy of such authority certified by a notary or in some other way
approved by the Governors may -
(a) be deposited at the office or at such other place withinthe United Kingdomas is specified in the notice convening the meeting or in any instrument of proxy sent out by the Academy Trust in relation to the meeting not less than 48 hours before the timefor holdingthe meeting or
adjourned meeting at which the person named in the instrumentproposes to vote, or
(b) in the case of a polltaken more than 48 hours after itis demanded, be deposited as aforesaid after the poll has been demanded and not less than 24 hours before the time appointed forthe taking ofthe poll;
(c)where the poll is not taken forthwith but is taken not more than 48
hours after itwas demanded, be delivered at the meeting at whichthe poll was demanded to the chairman or to the Secretaryor to any Governor;
and an instrumentof proxywhich is not deposited or deliveredin a manner so permittedshall be invalid.
43. A vote given or poll demanded by proxy or by the duly authorised representative of a corporation shall be valid notwithstandingthe previous determinationofthe authorityof the person votingor demanding a pollunless notice of the determinationwas received by the Academy Trust at the office or at such other place at which the instrument of proxywas duly deposited before the commencement of the meeting or adjournedmeeting at whichthe vote given or the poll demanded or (or in the case of a polltaken otherwise than on the same day as the meeting or adjourned meeting) the time appointedfortakingthe poll.
44. Anyorganisation which is a Member of the AcademyTrust may by resolution
of its board of directors or other governing bodyauthorise such person as it
thinksfitto act as its representative at any meetingofthe AcademyTrust, and the person so authorised shall be entitled to exercise the same powers on behalf of the organisation which he represents as that orgartisation could
exercise ifitwere an individualMember ofthe AcademyTrust.
18 11August2010V3 GOVERNORS
45.
46.
47.
48.
49.
APPOINTMENT
50.
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59.
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Governor’means a person who is appointed to be a Governor by being Co opted by Governors who have not themselves been so appointed. The Governors may not co-opt an employee of the AcademyTrust as a Co-opted
Governor if thereby the number of Governors who are employees of the Academy Trust would exceed one third of the total number of Governors (includingthe Principal).
APPOINTMENTOF ADDITIONALGOVERNORS
60. The Secretary of State may give a warning noticeto the Governors where he is satisfied—
i) that the standards of performance of pupils at the Academy are unacceptably low,or
ii) that there has been a serious breakdown in the way the Academy is managed or governed, or
iii) that the safety of pupils or staff ofthe Academy is threatened (whether by a breakdownof disciplineor otherwise),
61. For the purposes of Article 60 a ‘warningnotice’is a notice in writingby the Secretary of State to the Academy Trust delivered to the Officesetting out—
a) the matters referred to in Article60;
b) the action which he requires the Governors to take in order to remedy those matters; and
c) the period withinwhich that action is to be taken by the Governors (‘the complianceperiod’).
62. The Secretary of State may appoint such AdditionalGovernorsas he thinksfit
ifthe Secretary of State has:
a) giventhe Governors a warning noticein accordance withArticle60; and
b) the Governors have failed to comply,or secure compliance,withthe notice to the Secretary of State’s satisfactionwithinthe complianceperiod.
62A The Secretary of State may also appoint such AdditionalGovernors where
21 11August2010V3 Single Academy
following an Inspection by the Chief Inspector in accordance with the Education Act 2005 (an ‘inspection”)the AcademyTrust receives an Ofsteci grading (beinga grade referred to in The Frameworkfor School Inspection or any modificationor replacement of that document for the time being in force) which amounts to a drop, either from one Inspectionto the next Inspection or between any two Inspections carried out withina 5 year period, of twoOfsted grades. For the purposes of the foregoing the grade received by Hungerhill School A SpecialistCentre for Science, Mathematicsand Computingshall be regarded as the grade received by the Academy.
63. The Secretary of State may also appoint such FurtherGovernors as he thinks fit if a Special Measures Termination Event (as defined in the Funding Agreement) occurs in respect of the Academy.
64. Within5 days of the Secretary of State appointingany Additionalor Further Governors in accordance with Articles 62, 62A or 63, any Governors appointed under Article 50 and holding office immediately preceding the appointment of such Governors, shall resign immediatelyand the Members’ power to appoint Governors under Article50 shallremain suspended untilthe
Secretary of State removes one or more of the Additional or Further Governors,
TERM OF OFFICE
65. The term of officefor any Governor shall be 4 years1save that this time limit shall not applyto the Principal. Subject to remainingeligibleto be a particular type of Governor,any Governor may be re-appointedor re-elected.
RESIGNATIONANDREMOVAL
66. A Governor shall cease to hold office if he resigns his officeby notice to the Academy Trust (but only ifat least three Governorswillremain in officewhen the notice of resignation is to take effect).
67. A Governor shall cease to hold office if he is removed by the person or persons who appointed him. This Article does not apply in respect of a Parent Governor.
68. Where a Governor resigns his office or is removedfrom office,the Governor or, where he is removed from office, those removinghim, shall give written
22 11 August 2OO V3 68A,
DISQUALIFICATION
69.
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99. For the purpose of Article98, a Governor has a Personal FinancialInterest in the employment or remuneration of, or the provisionof any other benefitto, that Governor as permitted by and as defined byarticles6.5-6.9.
THE MINUTES
100. The minutes ofthe proceedings of a meeting ofthe Governors shall be drawn up and entered into a book kept for the purpose by the person acting as Secretary forthe purposes of the meeting; and shallbe signed (subjectto the approval of the Governors) at the same or next subsequent meeting by the person acting as chairman thereof, The minutes shall includea recordof:
a) all appointments of officersmade by the Governors;and
b) all proceedings at meetings of the Academy Trust and of the Governors and of committees of Governors Includingthe names of the Governors present at each such meeting.
COMMITTEES
101, Subject to these Articles, the Governors may establish any committee. Subject to these Articles, the constitution, membership and proceedings of any committee shall be determined by the Governors. The establishment, terms of reference, constitution and membership of any committee of the Governors shall be reviewed at least once in every twelve months. The membership of any committee ofthe Governors may includepersons who are not Governors, provided,that a majorityof members of any such committee shall be Governors. The Governors may determine that some or all of the members of a committee who are not Governors shall be entitledto vote in any proceedings ofthe committee. No vote on any matter shall be taken at a meeting of a committee of the Governors unless the majorityof members of the committee present are Governors.
DELEGATION
102. The Governors may delegate to any Governor, committee, the Principalor any other holder of an executive office, such oftheir powers or functionsas
28 11August2010V3 103.
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A INDEMNITY
133.
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134.
11
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135. The Academy Trust in general meeting shall have power to alter, add or to repeal the rules or bye laws and the Governors shall adopt such means as they thinksufficientto bringto the notice of Membersofthe AcademyTrust all such rules or bye laws, which shall be binding on all Members of the AcademyTrust. Providedthat no rule or bye lawshallbe inconsistentwith, or
shall affector repeal anything contained in the Articles.
AVOIDINGINFLUENCEDCOMPANYSTATUS
136. Notwithstandingthe number of Members from time to time, the maximum aggregate number of votes exercisable by Local Authority Associated Persons shall never exceed 19.9% ofthe total numberof votes exercisable by
Members in general meeting and the votes of the other Members having a
rightto vote at the meeting willbe increased on a pro-ratabasis.
137. No person who is a LocalAuthorityAssociated Person may be appointed as a
Governorif,once the appointment had taken effect,the number of Governors who are LocalAuthorityAssociated Persons wouldrepresent 20% or more of the total number of Governors. Upon any resolutionput to the Governors, the maximumaggregate number of votes exercisable by any Governors who are LocalAuthorityAssociated Persons shall represent a maximumof 19.9% of the total number ofvotes cast by the Governors on such a resolutionand the votes of the other Governors having a right to vote at the meeting will be increased on a pro-ratabasis.
138. No person who is a Local Authority Associated Person is eligible to be appointed to the officeof Governor unless his appointmentto such officeis authorised bythe localauthorityto which he is associated.
139. If at the time of either his becoming a Memberof the Academy Trust or his first appointmentto officeas a Governor any Memberor Governorwas not a Local Authority Associated Person but later becomes so during his membership or tenure as a Governor he shall be deemed to have immediatelyresigned his membership andlor resigned from his office as a Governor as the case may be.
140. If at any time the number of Governors or Memberswho are also Local AuthorityAssociated Persons would (but for Micles 136 to 139 inclusive) represent 20% or more of the total number of Governorsor Members (as the
36 11 August2010V3 141.
11
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or
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deemed
appointed
any
the
the
Persons
of
(as
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and
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(as
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ensure of
case
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in Single Academy Model
Annex B
REQUIREMENTSFOR THE ADMISSIONOF PUPILS TO Hungerhill School
GENERAL
1. This annex may be amended in writing at any time by agreement between the Secretary of State and the Academy Trust.
2. The Academy Trust willact in accordance with,and willensure that an Independent Appeal Panel is trained to act in accordance with, all relevant provisions of the School Admissions Code and the School Admission Appeals Code published by the Department for Education (“theCodes”) as they apply at any given time to maintained schools and with equalities law and the law on admissions as they apply to maintained schools. For this purpose, reference in the Codes or legislation to “admission authorities” shall be deemed to be references to the governing body of the Academy Trust.
3. Notwithstanding the generality of paragraph 2 of this Annex, the Academy Trust willtake part in any mandatory Admissions Forum set up by the local authority (“LA”)in which they are situated and have regard to its advice; and willparticipate in the co-ordinated admission arrangements operated by the LAand the local Fair Access Protocol.
4. Notwithstanding any provision in this Annex, the Secretary of State may:
(a) direct the Academy Trust to admit a named pupilto Hungerhill School on application from an LA.This willinclude complying with a School Attendance Order’. Before doing so the Secretary of State willconsult the Academy Trust. (b) direct the Academy Trust to admit a named pupilto Hungerhill School ifthe Academy Trust has failed to act in accordance with this Annex or has otherwise failed to complywith applicable admissions and equalities legislation or the provisions of the Codes. (c) direct the Academy Trust to amend its admission arrangements where they failto comply with the School Admissions Code or the Admission Appeals Code.
1 Local authorities are able to issue school attendance orders ifa child is not attending school. These are legally binding upon parents. Such an order might,for instance, be appropriate where a child has a place at an Academy but his/her parents are refusing to send him/herto school. The order willrequire a parent to ensure his/her child attends a specified school.
5 August 2010V2 will 5. dissatisfied
arrangements Independent Code and binding
Relevant 6.
purposes is Admission accordance
7.
apply local appropriate view. the
Requirement
transfer 8. offered
9.
that
Oversubscription determination have
10.
2
Voluntary
5
Academy
relevant
published
The
authority August
to Subject determined
The If on
the Pupils
The
a.
the the b. a
The automatically Area of
Academy
a)
b) compulsory all
with
place Arrangements)
Secretary
right children’
Appeal with consultation
in
in
relevant Academy Academy Secretary
parties.
for 2010V2
Aided
Academy
the
any to is on for
subject an to to by educational
adopt priority provisions
of the situated appeals at
paragraph
case
a roll
other admit the and
the admission by
appeal any means:
Panel named Trust
schools.
school
Education
area the
in
of criteria, maintained of admission
Department
does
will: case, objections. of to to to
predecessor
any
appeals admission
State
pupils requirements
local will
in State its shall looked the Single
will
for
age to of Regulations
pupil,
needs reaching children
7, predecessor not
right
comply decision the an
Academy the The
be
by will
authority the
admission
ensure
for
(Relevant
by
consider
Independent
Academy the oversubscription
School after independent
Academy, admit of schools
entry consult
determination
meaning
for naming 1
who arrangements
time
appeal
August
school with
a
Education of children,
that
to in
decision. are
1999.
all on for
they
Admissions the
a
the relation maintained
the Areas
the
in
above sixth
the pupils number,
opening. Model parents
maintained
to
of
will start for setting
the Academy
relevant
School Appeal Academy
the
“Relevant of
Academy;
form,
a in
be
compulsory
area for to
of as the
with to determination
will
accordance Secretary
criteria
receive
the admitted. and
out Consultation
the admission it
consultation,
Academy
All or Admission Code.
to Panel applies include a area
Trust.
child, schools appeal
the
‘relevant statement independent and be children
Area”
education
that
school
determined appropriate, reasons
and; if
the of
The
to oversubscription they
give
with
panel Trust. arrangements for State
in
of
Foundation LA Appeals
age,
already on children2’
the
at
the
of the
are
highest the
in
for
the
or
is in special school
area
The which
will
relevant
by school. this relation
it
must
be the
in
will
above Single Academy Model criteria, and an admission number for each relevant age group3. The Academy willconsult on its admission arrangements and determine them in line with the requirements withinthe School Admissions Code.
11. The Young People’s Learning Agency (YPLA)may consider objections on the Secretary of State’s behalf. The Academy Trust should therefore make it clear, when determining the Academy’s admission arrangements, that objections should be submitted to the YPLA.
12. A determination of an objection by the YPLAon behalf of the Secretary of State, or by the Secretary of State willbe binding upon the Academy.
Relevant age group’ means ‘normalpoint of admission to the school:, for example, year R, Year7 and Year 12.
5 August 2010V2 Single Academy Model
Arrangements for pupils with Special Educational Needs (‘SEN’) and disabilities at Hungerhill School
Duties in relation to pupils withSEN
1. The Governing Body of the Academy Trust must complywith all of the duties imposed upon the governing bodies of maintained schools in: • Part 4 of the Education Act 1996 as amended from time to time1; • The Education (Special Educational Needs) (Information)Regulations 1999 as amended from time to time; • The Education (Special Educational Needs Co-ordinators) (England) (Amendment) Regulations 2008 as amended from time to time
2. Notwithstanding any provision in this Agreement, the Secretary of State may (whether followinga complaint made to him or otherwise) direct the Academy Trust to comply with an obligation described in this Annex where the Academy Trust has failed to comply with any such obligation.
3. Where a childwho has SEN is being educated in the Academy, those concerned with making special educational provisionfor the child must secure that the child engages in the activities of the school together with children who do not have SEN, so far as is reasonably practicable and is compatible with:
(a) the child receiving the special educational provisionwhich his learning difficultycalls for,
(b) the provision of efficient education for the children withwhom he will be educated, and
(c) the efficient use of resources.
4. In addition to complying with the duties imposed upon the governing bodies of maintained schools set out in The Education (Special Educational Needs) (Information) Regulations 1999 (as amended from time to time), the Academy Trust must ensure that the Academy’s website includes details of the arrangements for the admission of disabled pupils; the steps taken to prevent disabled pupils from being treated less favourably than other pupils; and the facilities provided to assist access to the Academy by disabled pupils (disabled pupils meaning pupils who are disabled for the purposes of the EqualityAct 201 Q3)
1 Currently these duties are in sections 313 (Dutyto have regard to the Special Educational Needs Code of Practice 2001); 317 (Duties in relation to pupilswithspecial educational needs), 317A (Dutyto advise parents that special educational provisionis being made); and 324(5)(b) (Dutyto admit the childwhere a school is named inthe statement). 2 These Regulations are amended by The Education (Special Educational Needs Co ordinators) (England) (Amendment) Regulations 2009 (SI 2009 No 1387). For the meaning of ‘disabled’,see section 6 of the EqualityAct2010.
1 iiri,,cf )fllfl \/ ‘ Admissions
5.
6.
7.
8.
9.
1
11
0. The
an
Where
statement
it Education proposes
children; be must compatibility.
Trust
incompatible
Secretary
If days incompatible
agree Such
Academy
incompatible upon
After compatibility.
paragraph
establish proposal Academy
. not
and
must
Where statement
to
Academy been
The so tier
appeal
If maintained the (Special
name the
equal
incompatible
a
Academy determine
proposes.
the
Tribunal consent
names
parent
of Academy
Academy must
Secretary
in service notice
admit
that
a
named
the receipt
the LA support
local basis
which
and
to
of that
Act
of from
Trust
Educational
that
the
have
and
7 or
agrees
Academy,
name
Academy
or SEN
the
the
must State
with
where
with
by above)
with to
Trust
by authority
(Special 1996, In
on
the that
with in
Academy
guardian
any it Within the
of
Trust
in to
with
being of cannot
the
child Academy
of deciding
the
regard a
does
the
the
made
the the the
Academy
set the
efficiently make
to
child’s
the State’s
its others
with
LA,
parent must
Single
no
local
it
Academy
the
stating
date
maintained
efficient determines
to
LA’s child’s out provision
contention Academy
must
Trust
named,
15
then not LA
Educational
Needs
(“LA”)
reasonable as
take
to the
in
the
an of
provision
should
ensure
authority whether days
statement, all
in has
specified
soon the determination accordance agree
in or Academy
notice,
a
order give
Academy the
consider school
that
be
educating accordance
the
reasonable
SEN
the
child
guardian
proposes
education
relevant
and
acted
except
Trust
of
named, of decision
as
in
be facts
the
that
it with
child’s
schools.
that:
that
receipt
directing
efficient
statement of notify
a
in does
a
Disability)
appeals is
steps
on
named
Needs
by
Academy
child’s
on statement,
unreasonably
respect efficient
they Model
pupils reasonably
that
the
and Trust. where admitting
(a)
the
the with of
other
guidance
to
the the
statement,
not the
of
steps of
shall,
with
of
the
Academy may
admitting
the
may
date name
matters
and education,
the LA.
the
in other
to inclusion
Academy
LA the
section
with
agree
LA
or
of children; admitting
If
either child
education the
Academy its
the
be
Trust
to LA
subject ask Tribunal the
of
Disability),
whom specified
asking
LA’s
in
the
the
the
SEN
admissions
issued children,
practicable,
secure
pupil’s
made
any
writing
First-tier
to
with
the
may
LA
the in
the
the
Trust’s 324
against Academy
child
written
Academy
notice
reconsider.
would
naming
Trust
notice it are
a and
notifies
Academy
the
only
the
Secretary
Academy
the
child
have
must,
on should to
for
of
statement
by
statement.
this
would
in
that
admitted
the be secure Tribunal
the
(b)the child
Tribunal
any
LA’s
response,
the other that
the to
the
must be
notice
(further would
policy.
to
whether
final. the
it
within Trust
the
Academy
any
in
not
such
naming does
the be
it
would
relies
Trust a
seek of
right
that
is
have
on
be
to
First
State
15
to
not
or
to
of of Single Annex D Exclusions
Annex D
Serious incidents of misbehaviour leading to fixed period or permanent exclusion
1. Subject to the exceptions in paragraph 5, the Academy Trust shall act and shall ensure that the Principal and the governing body act in accordance with the law on exclusions as ifthe Academy were a maintained school. For this purpose, reference in the law on exclusions to the Head Teacher and Governing Body shall respectively be deemed to be the Principal and Governing Body of the Academy Trust.
2. Without limitingthe generality of paragraph 1, the Academy Trust shall ensure that the Local Authorityin which the Academy is located and, where the pupil concerned resides in the area of a different Local Authority,the Local Authority in which the pupil is ordinarily resident is informedof an exclusion decision in the same circumstances, and within the same timescale as a the head teacher of a maintained school is required to informthe Local Authority (or Local Authorities)of an exclusion.
3. Subject to the exception in paragraph 5, the Academy Trust shall ensure that the Principal and the Governing Body ofthe Academy have regard to the Secretary of State’s guidance on exclusions when excluding, or reviewing the exclusion of a pupil and in relation to any appeals or review process as ifthe Academy were a maintained school1.
4. The Academy Trust shall make arrangements for enabling appeals against, or review of any decision of the Governing Body to permanently exclude a pupilin accordance withthe functions assigned to the Local Authority in relation to a maintained school. The Academy Trust shall ensure that appeal/review panels are impartial, and are constituted in accordance with the Secretary of State’s guidance. The Academy Trust shall complywith any decision of an appeals panel, or direction of a review panel2.
5. The exception to the duties imposed under paragraphs I and 3 is:
the Governing Body of the Academy Trust is not expected to seek the advice of a Local Authorityofficer when considering an
1References in this annex to the Secretary of State’s guidance are to “ImprovingBehaviour and Attendance: Guidance on Exclusionfrom Schools and Pupil Referral Units”,which is published on the DfEwebsite at: http://www.teachernet.gov.uklwholeschool/behaviour/exclusion/2008guidance/. The guidance may be subject to amendment, and the Academy is required to have regard to the guidance as it stands at any given time.
2 A parent may seek a judicial review of a decision of an appeal/review panel relatingto their child. A parent of a childexcluded from an Academy may not complainto the Commissioner for Local Administration(the Local Government Ombudsman) about maladministration.This is because the Commissioner’s remit is limitedto considering the conduct of appeal panels constituted by Local Authorities.
8 March 2011 V.4 8
March
•
exclusion,
Agreement meeting
review) funds subject
apply. pupils
2011
following
V.4
who
to
at
to
the the
although
consider
have
relating
Academy
request
Single
an
been
exclusion,
to
a
an
Local
Annex
of
an
permanently
exclusion
Trusts
a
agreement
parent;
Authority
D
the
Exclusions
obligations
arrangements
(including
and
excluded
with
officer
the
under
an
may
from
LA
appeal
for
on
clause
attend
school
money
the
hearing
flow
any
30
does
to
of
of
follow
this
or
not