Those wanting to set up new schools must establish a charitable Trust. This is the legal vehicle which will establish the new school, hold its assets, and receive funding from the Department for Education.
According to the Department:
“There are currently two Academy Trust structures: a single Academy Trust and an Academy federation. A single Academy Trust runs a single Academy, where the Trust’s directors make up the governing body of the school. In the case of a federation, there is a single Trust that governs a number of schools. A board of directors is responsible for all of the schools in the federation, but each school has its own local governing body.”
The main sponsor of an Academy is able to appoint the majority of the board of directors. Academies usually have around 13 governors but this is not required.
Those submitting formal Proposals to the DfE should establish a ‘company limited by guarantee’ with Companies House. If your Proposal is successful, then the DfE will make you an ‘exempt charity’ and the entity comprising the Company combined with the exempt charity will form the Trust. (This status cannot be applied for from the Charities Commission as you would apply to start a normal charity.)
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