Bulletins & Briefings
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Shake-up for church schools is on the way
Howard Dellar (Senior Partner and Head of Education, Ecclesiastical and Charity) writes in Church Times on the new DBE Measure: https://www.churchtimes.co.uk/articles/2021/18-june/features/features/shake-up-for-church-schools-is-on-the-way
The Nettlebed Reverter Case
Clifford Woodroffe acted for the claimants in the Supreme Court case of Rittson-Thomas and others v Oxfordshire County Council - we set out the details here "to offer guidance as to the effects of the judgment on past, current and future reverters"...
LBMW Guidance on the DBE Measure
This Guidance is provided for clients as general guidance only. Clients should take specific advice from LBMW or from their usual legal advisers in the light of the circumstances that obtain in individual dioceses. This Guidance is intended mainly for Diocesan Directors of Education and other diocesan officers or members of relevant committees who may find themselves involved in decisions about the establishment of DBEs under the Measure or the workings of DBEs so established. This Guidance addresses provisions in order as set out in the Measure itself.
Copies of the Guidance are not in the public domain. If you would like access, please apply in the first instance to Simon Foulkes, email@example.com.
Lee Bolton Monier-Williams LLP
Dealing with allegations of bullying, harassment or mental and sexual abuse in an associated charity
Relevant to schools and charities
Newsletter- March 2021
Download our March 2021 Newsletter
ALERT FROM LBMW LLP re New MAT master and supplemental funding agreements – Missing Clauses
ALERT FROM LBMW LLP re New MAT master and supplemental funding agreements - Missing Clauses "New master and supplemental funding agreements were published in December 2020 for use in conversions from April 2021. The changes to the new versions are broadly positive, particularly the improvement of the guidance notes around the selection of governance clauses for Church academies. The new model supplemental funding agreement also makes explicit the requirement for a school with different governance from the MAT it is joining to have a local governing body that reflects the school's governance, which is helpful in ensuring that MATs and their advisors are aware of this. Two clauses (2.Z and 2.AA) were inadvertently omitted from the models when these were published last month and, although the website versions have now been corrected, MATs that have already begun working on the new models should check their drafts and correct if necessary. Please do contact the Education team if you would like further information on the new models. " www.lbmw.com
Charitable Companies and CIOs AGMs
As Covid-19 continues to impact the good governance of charities, there is some positive news for incorporated charities.
The Corporate Insolvency and Governance Act 2020
This note looks at the changes being made to the corporate insolvency regime and governance structure in the UK that have been introduced by the Corporate Insolvency and Governance Act 2020 (the "Act") and how they relate to charitable bodies.
Coronavirus and Schools – legal briefing
As schools prepare for the June 1st deadline, the Education and Charity team at LBMW have been reviewing the legal position with a view to supporting the difficult decisions school leaders, Governors, Academy Directors and Boards of Education are now considering. As further year-groups are re-admitted into schools, the process will become possibly more intense rather than less!
Our new Education Answers paper (available online in interactive form at Education Answers or by direct download from this link) is a helpful overview, with detailed but brief legal considerations, that can be shared at any level in the schools system.
It draws particular attention to the Risk Assessment issues that leaders are addressing. We recommend that the risk assessments in place for 1st June are made on an interim basis so that all concerned can continue to monitor developments and protect their organisations and trustees from undesirable liabilities.
To support this we are offering a free webinar on 9th June with our legal team. See the Events page LINK for details.
Legal Advice during a Pandemic – suite of briefing papers
This paper offers links to a suite of documents covering: Financial resilience during a pandemic Executing documents remotely UK government Job retention scheme (furloughing) Decision-making in a pandemic (lockdown) UK schools and COVID-19 All papers © LBMW 2020
Financial resilience during the Covid-19 pandemic
Coronavirus and Schools’ Duty of Care
In brief note, we look at the key elements to the duty of care that the managers of a school have in relation to contagious illnesses. Please note that while this may provide some general points to think about, please stay tuned to current national guidance and take our advice in particular cases as needed.
December 2019 Circular
September 2019 Circular
CONTENTS: 1. The 8th LBMW Annual Schools Conference 2. Privacy Rights in the Classroom 3. Education Answers News 4. Join Education Answers 5. **NEW** LBMW Masterclass: The Six Essential Duties of a Charity Trustee 6. Historic School Land cases in Dioceses 7. Cost-effective Legal Services Support – a Retainer scheme. 8. Safeguarding in Educational (and other) Charities
June 2019 Circular
LBMW Circular – April 2019
Related Parties Transactions Guidance
Lee Bolton Monier-Williams are at the centre of a network of Academy Trusts, including many Church of England Dioceses. Our team have been reviewing the issues around the new requirements of the 2018 Academies Financial Handbook around Related Parties and the reporting of transactions with them. We have issued briefings, run a Workshop, and put information into the public domain through Schoolsweek and Education Answers, our online portal for such information. Susan Newell comments on the latest developments as the ESFA at last publishes its guidance.
Reverter of a School Site – a Recent Judgment
On February 7th 2019 the Court of Appeal heard a case between claimant reversioners on the one hand and Oxfordshire County Council (the site trustee) on the other in respect of a school that was moving sites. The court found in favour of the reversioners, for whom LBMW was acting, and the judgement was published on 21st February. The decision overturns the previous High Court judgment in this case and confirms the received view that a school site reverts immediately on its ceasing to be occupied by the school.
March 2019 Circular – NEW CHURCH MODEL ARTICLES
February 2019 Circular
January 2019 Circular
November Circular 2018
Updates and links for November
Related Parties Transactions and 2018 AFH (log-in required)
The inside track is now available on Education Answers: http://www.lbmwanswers.co.uk/admin/documents/related-party-transactions-and-the-2018-academies-financial-handbook-afh
EA Circular May 2018 – New VA Schools, data protection, and more
EA Briefing 12 – Jane Grenfell comes to LBMW as Charities Manager
LBMW Briefing No 11 – Reverter, Advice for Clients (updated 09/04/18)
LBMW Briefing No 11 – Reverter, Advice for Clients
LBMW Briefing No 10 – Sibling Admissions
Jan 2018 EA Circular – Events; and Admissions in “All-Through” schools
Dates for Diary 2018
Save the Dates now...
New Papers on Education Answers
Sept 2017 EA Circular – Ofsted, data, and more
The monthly digest of information and news for all involved in education.
July 2017 EA Circular – key information
June 2017 EA Circular – post election snippets
May 2017 Briefing No 9 Analysis of Election Manifestos
This paper is a note of the main proposals as they affect schools and some comments on them, rather than a systematic analysis of the Conservative, Labour and Liberal Democrat manifestos in their entirety. In the light of the electoral situation, we have spent rather more time on the Conservative document than on the others.
April 2017 Briefing 8 – Government Reporting on School Funding and Faith Schools
The Public Accounts Select Committee and Education Select Committee have each produced reports to Parliament in the last month (March 2017). This paper offers an overview to assist recipients of these briefings to engage with these very significant issues in an informed and effective way.
March 2013 Academies and schools working together in clusters
This paper sets out the legal basics, lists the various options via which schools and academies may now seek to work together in groups and gives some guidance on the various mechanisms and their desirability or effectiveness for schools. It is not however a substitute for detailed consideration of individual circumstances. Schools and academies must take their own legal advice on specific situations.
April 2013 LBMW Guidance on VAT
The treatment of VAT in academies, academy trading companies, DBE/DBF/umbrella trust trading companies and mutual trading companies.
Free School Bids and the Diocesan Family of Schools
Free School bids are already fairly common and may well increase markedly in some dioceses as a consequence of demographic growth and of both DfE and Church of England Education Office national policies. It is also still the case that new voluntary schools are sometimes created. This paper addresses some of the broad legal issues that making such bids raise and is intended to provide overall guidance to prospective bidders and Diocesan Boards of Education. It does not consider the bidding process in detail and specific advice should always be taken when bodies are considering bids or when the DBE becomes aware of a bid that would if successful lead to the establishment either of a new Church of England Academy or of a new non-church academy established by a Church of England body or a body including Church of England persons.
The Technical and Further Education Bill 2016
"This Bill is a nationalisation of significant functions and also impinges appreciably on areas that at the moment are exclusively the prerogative of the courts, restricting the ability of private parties to act through the courts. It carries significant implications for the present directors/governors/members of the affected bodies in respect of their future conduct and exposure to censure." This briefing sets out LBMW’s initial views and reactions to this Bill . It is subject to clarification and review as the Bill passes through parliament . We advise clients to read the Explanatory Notes to the Bill though even these do not in (in our view) quite set out its full potential impact.
Grammar Schools – The Prime Minister’s Announcement and the Next Steps
Open briefing for details