Joining a Multi Academy Trust

It is an important moment when any single academy trust decides to join a multi-academy trust (MAT). 

Our education law solicitors will guide you through the MAT process, step by step, to ensure that it runs smoothly and is completed by any upcoming deadline.

A project leader will be appointed to oversee the project. They will be available at all times to answer any queries that you have and keep you updated on progress. 

That project leader will be available via their direct dial and by email. You will also receive the contact details of other education lawyers so that you can get in touch with whoever you need at any time.

We will provide fixed fees for advising and assisting you. The service we will provide includes the key aspects of the process for joining a MAT, such as:

1. Assisting with the Transfer Agreement - the assets and staff of the single academy trust will need to be transferred to the MAT. This is achieved by entering into a Transfer Agreement to transfer, amongst other things:
   - The assets
   - Contracts
   - Staff of the single academy trust to the multi-academy trust.
2. Land arrangements - depending on how the land occupied by the single academy is owned, it may be necessary to:
   - vary the lease as part of the transfer process, or;
   - to transfer the land to the MAT if the single academy owns the land it occupies.
3. Employees - a TUPE* consultation process needs to be adhered to as part of the transfer of the staff to the MAT. This is usually completed alongside the parents' consultation. 
4.  Funding Agreement - the existing funding agreement of the single academy trust needs to be transferred across to the multi-academy trust. To achieve this, a Deed of Novation and Variation is entered into between the Secretary of State, the single academy trust and the multi-academy trust.

What is the process for joining an existing Multi-academy Trust? 

Whether your school is an existing single academy trust or a non-converted school the process is largely the same (but with a few differences!)

Single academy trusts joining an existing Multi-academy trust

The assets and staff of the single academy will need to be transferred to the multi-academy trust. This is done by entering into a Transfer Agreement to transfer the assets, contracts and staff of the single academy to the multi-academy trust. 

Depending on how the land occupied by the single academy is owned it may be necessary to vary the lease as part of the transfer process or to transfer the land to the multi-academy trust if the single academy owns the land it occupies. 

A TUPE consultation process needs to be adhered to as part of the transfer to the staff and this is usually done alongside the parents' consultation. 

The existing funding agreement for the single academy trust also needs to be moved across to the multi-academy trust. To achieve this is a Deed of Novation and Variation is entered into between the Secretary of State, the single academy trust and the multi-academy trust. 

Once the process is complete the company through which the single academy trust is previously operated is wound up. 

Non-academy schools joining an existing MAT

If your school has yet to convert to academy status then the process is a little different. The key difference is that rather than novate the existing funding agreement across to the multi-academy trust a supplemental funding agreement is entered into with the Secretary of State. You can read our web page on converting to academy status for more details.

For further details or for a no-obligation chat regarding the process for joining a multi-academy trust, please contact Thomas Emmett, solicitor and Head of Education Law at Birkett Long on 01245 453847 or [email protected]

*Transfer of Undertakings (Protection of Employment) Regulations 2006