FREEDOM OF NFORMATON REDACTON SHEET Triniy Caholic College and Sixh Form, a Caholic Volunary Academy Supplemenal Funding Agreemen Exempions in full n/a Parial exempions Personal nformaion has been redaced from his documen under Secion 40 of he Freedom of nformaion (FO) Ac. Secion 40 of he FO Ac concerns personal daa wihin he meaning of he Daa Proecion Ac 1998. Facors for disclosure Facors for Wihholding furher o he undersanding of and increase paricipaion in he public debae of issues concerning Academies. To comply wih obligaions under he Daa Proecion Ac o ensure ransparency in he accounabiliy of public funds Reasons why public ineres favours wihholding informaion Whils releasing he majoriy of he Triniy Caholic College and Sixh Form, A Caholic Volunary Academy Supplemenal Funding Agreemen will furher he public undersanding of Academies. The whole of he Triniy Caholic College and Sixh Form, A Caholic Volunary Academy Supplemenal Funding Agreemen canno be revealed. f he personal informaion redaced was o be revealed under he FO Ac, Personal Daa and Commercial ineress would be prejudiced.
Deparmen for Educaion Mainsream academy and free school: supplemenal funding agreemen December 2014 ' ) ) )
Conens SUMMARY SHEET 4 nformaion abou he Academy: 4 1. ESTABLSHNG THE ACADEMY 8 Definiions and inerpreaion 8 The Academy 8 2. RUNNNG OF THE ACADEMY 9 Teachers and saff 9 Pupils 9 ' Admissions 9 ' Curriculum 12 3. GRANT FUNDNG 14 Calculaion of GAG 14 Oher relevan funding 15 4. LAND 15 Church Supplemenal Agreemen 15 5. TERMNATON 16 Terminaion by eiher pary 16 Terminaion Warning Noice 16 Terminaion by he Secreary of Sae afer inspecion 17 Terminaion by he Secreary of Sae 18 Funding and admission during noice period 18 Noice of inenion o erminae by Academy Trus 18 Effec of erminaion 21 MA_30311425_1 2
6. OTHER CONTRACTUAL ARRANGEMENTS Annexes The Maser Agreemen General 22 22 22 22 ANNEXES 25 7. PUPLS WTH SPECAL EDUCATON NEEDS (SEN) AND DSABLTES 25 8. ADMSSON OF PUPLS WTH SEN AND DSABLTES 25 0 MA_3031142S_ l 3
~ SUMMARY SHEET nformaion abou he Academy: Name of Academy Tru~ Company number 9811711 Dae of Maser Funding Agreemen Name of academy S Hilda's Caholic Academy Trus ~Co ex:,_~ ~1$" Opening dae 1 November 2015 Type of academy (indicae wheher Academy converer academy or free school) Religious designaion Wholly or parly selecive Name of predecessor school (where applicable) Triniy Caholic College and Sixh Form, a Caholic Volunary Academy Roman Caholic N/A Capaciy number 1500 Age range 11-19 Number of sixh form places 350 Number of boarding places SEN uni Resource provision Triniy Caholic College N/A N/A Land arrangemens Version 3 (Version 1-7 or oher) Address and ile number of Land Salersgill Avenue, Middlesbrough, TS4 3JW The ile numbers of Diocesan held land is referred o in he Church Supplemenal Agreemen ) Please confirm which clause variaions have been applied or marked as 'No used' 4
Clause No. Descripor Applied No used 1.1 Only applies o free schools and new provision academies 2A.1 Clause applies where an academy was previously a VC or foundaion school designaed wih a religious characer 2.C,2.D Only applies where he academy has an SEN uni 2.E Only applies where here was a predecessor independen school 2.G Clause does no apply o free schools (unless here was a predecessor independen school), or new provision academies 2.M Clause applies only o academies and free schools designaed wih a religious characer 2.N Clause applies only o academies ha were formerly wholly selecive grammar schools 2.0 Clause applies only o academies ha were formerly parially selecive grammar schools X X X X X X X X 2.T Clause applies o free schools and new provision academies designaed wih a religious characer z.w Clause only applies where he academy is designaed wih a religious characer 2.X Clause only applies where he academy has no been designaed wih a religious characer 2.Y Clause applies where an academy was previously a VC school or foundaion school designaed wih a religious characer X X X X 2.Yc) Sub-clause applies if he academy is designaed wih a denominaional religious characer- CE ec. raher han 'Chrisian' X 3.A-3.F Opion 1 applies o converer and sponsored academies: if used delee opion 2 X MA_3031142S_l December 2014 v3 5
Clause No. Descripor Applied No used 3.A-3.F Opion 2 applies o free schools and new X provision academies: if used delee opion 1 3.H Clause relaing o Sar-up only applies in X some cases (does no apply o academy converers} 3.J Clause only applies o full sponsored and X inermediae sponsored academies wih approved Academy Acion Plans 3.K Clause does no apply o free schools (unless X here was a predecessor independen school), or new provision academies 5.G.1 Clause applies only o a boarding X academy/free school. 5.1 Clause only applies o sponsored academies X 5.K Clause applies o free schools and may be X applied o new provision academies 5.L Clause applies o free schools and may be X applied o new provision academies 5.M Clause applies o free schools and may be X applied o new provision academies 5.N Clause applies o free schools and may be X applied o new provision academies 5.0 Clause applies o free schools and may be X applied o new provision academies 6.H Clause only applies o schools which are X designaed wih a Church of England or Roman Caholic characer Please idenify any oher variaions from he model ha apply o his academy (e.g. clauses relaing o PF, or any required because he muli academy rus includes academies designaed wih differen religious characers, or a mixure of hose designaed wih a religious characer, and hose which are no): 6
Addiional clauses will be supplied by your projec lead if needed. Descripor Clause Applied No. 0 MA_30311425_1 Oecem~r 2014 v3 No used 7
' ' 1. ESTABLSHNG THE ACADEMY 1.A This Agreemen made beween he Secreary of Sae for Educaion and S Hilda's Caholic Academy Trus is supplemenal o he maser funding ~,:Z..o'S agreemen made beween he same paries and daed ~b o<-: -"'he "Maser Agreemen"). Definiions and inerpreaion 1.8 Excep as expressly provided in his Agreemen words and expressions defined in he Maser Agreemen will have hose same meanings in his Agreemen. 1.C The following capialised words and expressions will have he following meanings: "The Academy" means Triniy Caholic College and Sixh Form, a Caholic Volunary Academy. "SEN" means Special Educaional Needs and he expressions "special educaional needs" and "special educaional provision" have he meaning se ou in secions 20(1) and 21(2) of he Children and Families Ac 2014. "Terminaion Noice" means a noice sen by he Secreary of Sae o he Academy Trus, erminaing his Agreemen on he dae specified in he noice. "Terminaion Warning Noice" means a noice sen by he Secreary of Sae o he Academy Trus, saing his inenion o erminae his Agreemen. 1.0 The nerpreaion Ac 1978 applies o his Agreemen as i applies o an Ac of Parliamen. 1.E Reference in his Agreemen o clauses and annexes will, unless oherwise saed, be o clauses and annexes o his Agreemen. The Academy 1.F The Academy is a Mainsream Academy as defined in clause 1.4 of he Maser Agreemen. ~ MA_3031142S_ l December 2014 v3 8 0
1.G The Academy Trus will esablish and mainain he Academy in accordance wih he Maser Agreemen and his Agreemen. 1.H The Academy Trus will open he Academy on 1 November 2015. 1.1 No used. 2. RUNNNG OF THE ACADEMY Teachers and saff 2.A Subjec o clause 2.4 of he Maser Agreemen, 7.A of his Agreemen and secion 67 of he Children and Families Ac 2014, he Academy Trus may, in accordance wih any relevan Guidance, employ anyone i believes is suiably qualified or is oherwise eligible o plan and prepare lessons and courses for pupils, each pupils, and assess and repor on pupils' developmen, progress and aainmen. 2.A.1 No used. Pupils 2.8 The planned capaciy of he Academy is 1500 in he age range 11-19, including a sixh form of 350 places. The Academy will be an all abiliy inclusive school. 2.C No used. 2.0 No used. 2.E No used. Admissions 2.F Subjec o clauses 2.K- 2.L he Academy Trus will ac in accordance wih, and will ensure ha is ndependen Appeal Panel is rained o ac in accordance wih, he School Admissions Code and School Admission Appeals Code published by he DfE (he "Codes") and all relevan admissions 9
law as hey apply o foundaion and volunary aided schools, and wih equaliies law. Reference in he Codes or legislaion o "admission auhoriies" will be deemed o be references o he Academy Trus. 2.G Pupils on roll in a Predecessor School which was a mainained or independen school will ransfer auomaically o he Academy on opening. All children already offered a place a ha Predecessor School mus be admied o he Academy. 2.H The Academy Trus mus paricipae in he local Fair Access Proocol. The Academy Trus mus paricipae in he coordinaed admission arrangemens operaed by he LA in whose area he Academy is siuaed. f he Academy is a free school, he Academy Trus is no required o paricipae in coordinaion for is firs inake of pupils. 2.1 The Academy Trus may deermine admission arrangemens (subjec o consulaion in line wih he Codes) ha give prioriy for admission o children aracing he Pupil Premium, including he service premium (he "pupil premium admission crierion"), bu no above looked-afer children and previously looked-afer children. 2.J Where he Academy Trus applies he pupil premium admission crierion, i mus provide informaion in is admission arrangemens abou eligibiliy for he premiums. 2.K For he purposes of applying he pupil premium admission crierion only, secions 1.9(f) and 2.4(a) of he School Admissions Code do no apply insofar as hey preven admission auhoriies from giving prioriy o children according o he financial or occupaional saus of parens or using supplemenary forms ha ask for: a) any personal deails abou heir financial saus; or b) wheher parens are serving in he UK armed forces or were serving in he UK armed forces, and are exercising parenal care and responsibiliy for he child in quesion. 10
2.L The Secreary of Sae may: a) direc he Academy Trus o admi a named pupil o he Academy: i. following an applicaion from an LA including complying wih a school aendance order as defined in secion 437 of he Educaion Ac 1996. Before doing so he Secreary of Sae will consul he Academy Trus; or ii. where in relaion o a specific child or children he Academy Trus has failed o ac in accordance wih he Codes or his Agreemen or has oherwise aced unlawfully; or b) direc he Academy Trus o amend is admission arrangemens where hey do no comply wih he Codes or his Agreemen, or are oherwise unlawful. 2.M The Academy is an Academy designaed wih a Caholic religious characer. The relevan religious auhoriy (i.e. he diocese, or foundaion faih body) is he Bishop of Middlesbrough. 2.N No used. 2.0 No used. 2.P The Academy Trus mus ensure ha parens and relevan children' (as described in he Codes) have he righ o appeal o an ndependen Appeal Panel if hey are dissaisfied wih an admission decision of he Academy Trus. The arrangemens for appeals mus comply wih he Codes as hey apply o foundaion and volunary aided schools. The deerminaion of he appeal panel is binding on all paries. 2.0 Subjec o clause 2.R, he meaning of "relevan area'' for he purposes of consulaion requiremens in relaion o admission arrangemens is ha deermined by he relevan LA for mainained schools in he area in accordance wih he Educaion {Relevan Areas for Consulaion on Admission Arrangemens) Regulaions 1999. MA_30311425_1 De cemb ~r 2014 v3 11
2.R 2.S f he Academy does no consider he relevan area deermined by he LA for he mainained schools in he area o be appropriae, i mus apply o he Secreary of Sae by 1 Augus before he academic year in quesion for a deerminaion of he appropriae relevan area for he Academy, seing ou he reasons for his view. The Secreary of Sae will consul he Academy Trus and he LA in whose area he Academy is siuaed in reaching a decision. The Office of he Schools Adjudicaor rosa") will consider objecions o he Academy's admission arrangemens {excep objecions agains he agreed variaions from he Codes specified a clause 2.K, over which i has no jurisdicion). The Academy Trus mus herefore make i clear, when deermining he Academy's admission arrangemens, ha objecions should be submied o he OSA. The OSA's deerminaion of an objecion is binding on he Academy and he Academy Trus mus make appropriae changes o is admission arrangemens as quickly as possible. 2.T No used. Curriculum 2.U The Academy Trus mus provide for he eaching of religious educaion and a daily ac of collecive worship a he Academy. 2.V The Academy Trus mus comply wih secion 71(1}-(6) and (8) of he School Sandards and Framework Ac 1998 as if he Academy were a communiy, foundaion or volunary school, and as if references o "religious educaion" and "religious worship" in ha secion were references o he religious educaion and religious worship provided by he Academy in accordance wih clause 2.W. 2.W Subjec o clause 2.V, where he academy is designaed wih a religious characer (in accordance wih secion 1248 of he School Sandards and Framework Ac 1998 or furher o secion 6(8) of he Academies Ac 201 0): a) provision mus be made for religious educaion o be given o all pupils 12
a he Academy in accordance wih he enes of he Academy's specified religion or religious denominaion. This is subjec o paragraph 4 of Schedule 19 o he School Sandards and Framework Ac 1998, which applies as if he Academy were a volunary aided school wih a religious characer; b) c) 2.X No used. 2. Y No used. he Academy Trus mus comply wih secion 70(1) of, and Schedule 20 o, he School Sandards and Framework Ac 1998 as if he Academy were a foundaion school wih a religious characer or a volunary school, and as if references o "he required collecive worship" were references o collecive worship in accordance wih he enes and pracices of he Academy's specified religion or religious denominaion; he Academy Trus mus ensure ha he qualiy of religious educaion given o pupils a he Academy and he conens of he Academy's collecive worship given in accordance wih he enes and pracices of is specific religion or religious denominaion are inspeced. The inspecion mus be conduced by a person chosen by he Academy Trus, and he Academy Trus mus ensure ha he inspecion complies wih he sauory provisions and regulaions which would apply if he Academy were a foundaion or volunary school designaed as having a religious characer. 2.Z The Academy Trus mus have regard o any Guidance, furher o secion 403 of he Educaion Ac 1996, on sex and relaionship educaion o ensure ha children a he Academy are proeced from inappropriae eaching maerials and ha hey learn he naure of marriage and is imporance for family life and for bringing up children. The Academy Trus mus also have regard o he requiremens in secion 405 of he Educaion Ac 1996, as if he Academy were a mainained school. 2.AA The Academy Trus mus preven poliical indocrinaion, and secure he MA._3031142S_ l December 2014 v3 13
balanced reamen of poliical issues, in line wih he requiremens for mainained schools se ou in he Educaion Ac 1996, and have regard o any Guidance. 3. GRANT FUNDNG Calculaion of GAG 3A-30. No used. 3.E The Secreary of Sae will calculae GAG based on he pupil coun a he Academy. n order o calculae GAG for he Academy Financial Year in which he Academy opens, he pupil coun will be deermined on he same basis as ha used by he relevan LA for deermining he budge of he mainained Predecessor School. 3.F For Academy Financial Years afer ha referred o in clause 3.E, he basis of he pupil coun for deermining GAG will be: a) b) for pupils in Year 11 and below, he Schools Census which is used o fund mainained schools for he financial year overlapping wih he Academy Financial Year in quesion; and for pupils in Year 12 and above, he formula which is in use a he ime for mainained schools. 3.G The Secreary of Sae may, a his discreion, adjus he basis of he pupil coun o ake accoun of any diseconomies of scale which may affec he 1 Academy if i is operaing below he planned capaciy in clause 2.8. f such an adjusmen is made in any Academy Financial Year, his will no change he basis of he pupil coun for calculaing he following Academy Financial Year's GAG. f he Secreary of Sae has indicaed ha addiional gran may be payable in such circumsances, he Academy Trus will bid for his addiional gran based on need and providing appropriae supporing evidence. The Secreary of Sae may accep or refuse he bid a his discreion. 3.H No used. 14
3.1 The Secreary of Sae recognises ha if a Terminaion Noice or a Terminaion Warning Noice is served, or he Maser Agreemen is oherwise erminaed, he inake of new pupils during he noice period may decline and herefore paymens based on he number of pupils aending he Academy may be insufficien o mee he Academy's needs. n hese circumsances he Secreary of Sae may pay a larger GAG in he noice period, o enable he Academy o operae effecively. Oher relevan funding 3.J No used. 3.K The Secreary of Sae may pay he Academy Trus's coss in connecion wih he ransfer of employees from a Predecessor School under he Transfer of Underakings (Proecion of Employmen) Regulaions 2006. Such paymen will be agreed on a case-by-case basis. The Academy Trus mus no budge for such a paymen unless he Secreary of Sae confirms in wriing ha i will be paid. Carrying forward of funds 3.L Any addiional gran made in accordance wih clause 3.1, for a period afer he Secreary of Sae has served a Terminaion Noice or a Terminaion Warning Noice under his Agreemen. or oherwise erminaes he Maser Agreemen, may be carried forward wihou limiaion or deducion unil he circumsances se ou in clause 3.1 cease o apply or he Academy closes. 4. LAND 4.A - 4.L No used Church Supplemenal Agreemen 4.M The paries' righs and obligaions in respec of he Land are se ou in he Church Supplemenal Agreemen or privae lease daed made beween (1) he Secreary of Sae; (2) he Academy Trus; (3) Diocese of Middlesbrough Trusee; and (4) he Bishop of Middlesbrough. For he purposes of his clause, Land has he meaning given in he Church and 15
Supplemenal Agreemen or privae lease. 5. TERMNATON Terminaion by eiher pary 5.A Eiher pary may give a leas seven Academy Financial Years' noice o erminae his Agreemen. Such erminaion would ake effec on 31 Augus of he relevan year. Terminaion Warning Noice 5.8 The Secreary of Sae may serve a Terminaion Warning Noice where he considers ha: a) he Academy Trus has breached he provisions of his Agreemen or he Maser Agreemen; or b) he sandards of performance of pupils a he Academy are unaccepably low; or c) here has been a serious breakdown in he way he Academy is managed or governed; or d) he safey of pupils or saff is hreaened, including due o breakdown of discipline. 5.C A Terminaion Warning Noice served under clause 5.8 will specify: a) he acion he Academy Trus mus ake; b) he dae by which he acion mus be compleed; and c) he dae by which he Academy Trus mus make any represenaions, or confirm ha i agrees o underake he specified acion. 5.0 The Secreary of Sae will consider any represenaions from he Academy Trus which he receives by he dae specified in he Terminaion Warning Noice. The Secreary of Sae may amend he Terminaion Warning Noice o 16
specify furher acion which he Academy Trus mus ake, and he dae by which i mus be compleed. 5.E f he Secreary of Sae considers ha he Academy Trus has no responded o he Terminaion Warning Noice as specified under clause 5.C(c), or has no compleed he acion required in he Terminaion Warning Noice as specified under clauses 5.C(a) and (b) (and any furher acion specified under clause 5.0) he may serve a Terminaion Noice. Terminaion by he Secreary of Sae afer inspecion 5.F f he Chief nspecor gives noice o he Academy Trus ha: a) special measures are required o be aken in relaion o he Academy; or b) he Academy requires significan improvemen he Secreary of Sae may serve a Terminaion Warning Noice, specifying he dae by which he Academy Trus mus make any represenaions. 5.G n deciding wheher o give noice of his inenion o erminae under clause 5.F, he Secreary of Sae will have due regard o he overall performance of he Academy Trus. 5.G.1 No used. 5.H f he Secreary of Sae has served a Terminaion Warning Noice under clause 5.F and: a) has no received any represenaions from he Academy Trus by he dae specified in he noice; or b) having considered he represenaions made by he Academy Trus remains saisfied ha his Agreemen should be erminaed; he may serve a Terminaion Noice. 17
5.1 No used. Terminaion by he Secreary of Sae 5.J f he Secreary of Sae has deermined ha he Academy will be removed from he Regiser of ndependen Schools and no appeal agains ha deerminaion is pending, he may serve a Terminaion Noice. 5. K No used. 5.L No used. 5.M No used. 1 5.N No used. 5.0 No used. Funding and admission during noice period 5.P f he Secreary of Sae serves a Tenninaion Noice under clause 5.A, he Academy Trus may coninue during he noice period o admi pupils o he Academy, and o receive GAG and EAG, in accordance wih his Agreemen. 5.0 f he Secreary of Sae serves a Terminaion Warning Noice or a 1 Terminaion Noice oherwise han under clause 5.A, he Academy Trus may coninue during he noice period o admi pupils o he Academy (unless he Secreary of Sae specifies oherwise), and o receive GAG and EAG, in accordance wih his Agreemen. 1 Noice of inenion o erminae by Academy Trus 5.R The Secreary of Sae will, before he sar of each Academy Financial Year, provide he Academy Trus wih a final funding allocaion indicaing he level of GAG and EAG o be provided in he nex Academy Financial Year (he "Funding Allocaion"). 5.S f he Academy Trus is of he opinion ha, afer receip of he Funding Allocaion for he nex Academy Financial Year (he "Criical Year") and afer 18
5.T aking ino accoun all oher resources likely o be available o he Academy, including oher funds ha are likely o be available o he Academy from oher academies operaed by he Academy Trus ("All Oher Resources"), i is likely ha he cos of running he Academy during he Criical Year would cause he Academy Trus o become insolven (and for his reason only) hen he Academy Trus may give wrien noice of is inenion o erminae his Agreemen a he end of he Criical Year. Any noice given by he Academy Trus under clause 5.S mus be provided o he Secreary of Sae wihin six weeks of he Secreary of Sae issuing he Funding Allocaion. The noice given by he Academy Trus under clause 5.S mus specify: a) he grounds upon which he Academy Trus's opinion is based, including: i. evidence of hose grounds; 11. any professional accouning advice he Academy Trus has received; iii. a deailed saemen of seps which he Academy Trus proposes o ake o ensure ha he running coss of he Academy are reduced such ha coss are less han he Funding Allocaion and All Oher Resources, and he period of ime wihin which such seps will be aken; and b) he shorfall in he Criical Year beween he Funding Allocaion and All Oher Resources expeced o be available o he Academy Trus o run he Academy and he projeced expendiure on he Academy; and c) a deailed budge of income and expendiure for he Academy during he Criical Year (he "Projeced Budge"). 19
5.U 5.V 5.W 5.X 5.Y Boh paries will use heir bes endeavours o agree wheher or no he cos of running he Academy during he Criical Year would cause he Academy Trus o become insolven. Boh paries recognise ha hey will need o engage in a consrucive dialogue a he ime abou how bes o provide educaion for he pupils a he Academy and use heir bes endeavours o agree a pracical soluion o he problem. f no agreemen is reached by 30 April (or anoher dae if agreed beween he paries) as o wheher he cos of running he Academy during he Criical Year would cause he Academy Trus o become insolven, hen ha quesion will be referred o an independen exper (he "Exper") for resoluion. The Exper's deerminaion will be final and binding on boh paries. The Exper will be requesed o specify in his deerminaion he amoun of he shorfall in funding (he "Shorfall"). The Exper will be an insolvency praciioner wih significan professional experience of educaional insiuions or academies. f he paries fail o agree upon he appoinmen of he Exper hen he Exper will be appoined by he Presiden of he nsiue of Charered Accounans in England and Wales. The Exper's fees will be borne equally beween he paries. The Exper will be required in reaching his deerminaion o ake accoun of advice from an educaional specialis who is professionally familiar wih he issues arising from he budge managemen of schools. f he paries fail o agree upon he appoinmen of he educaional specialis hen he educaional specialis will be appoined by he Chairman of he Specialis Schools and Academies Trus (or any successor or equivalen body}. The educaional specialis's fees will be borne equally beween he paries. f he Exper deermines ha he cos of running he Academy during he Criical Year would cause he Academy Trus o become insolven, and he Secreary of Sae will no have agreed o provide sufficien addiional funding o cover he Shorfall, hen he Academy Trus will be eniled o erminae his Agreemen, by noice expiring on 31 Augus of he Criical Year. Any such noice will be given wihin 21 days afer (a) he Exper's deerminaion will 20
have been given o he paries or (b), if laer, he Secreary of Sae will have given wrien noice of his refusal o provide sufficien addiional funding for he Academy o cover he Shorfall. Effec of erminaion 5.Z f his Agreemen is erminaed, he Academy will cease o be an Academy wihin he meaning of secions 1 and 1A of he Academies Ac 2010. 5.AA Subjec o clauses 5.88 and S.CC, if he Secreary of Sae erminaes his Agreemen under clause S.A, he will indemnify he Academy Trus. f he Secreary of Sae erminaes his Agreemen oherwise han under clause S.A, he may a his discreion indemnify or compensae he Academy Trus. 5.88 The amoun of any such indemniy or compensaion will be deermined by he Secreary of Sae, having regard o represenaions made o him by he Academy Trus, and will be paid as and when he Secreary of Sae considers appropriae. 5.CC The caegories of expendiure incurred by he Academy Trus in consequence of erminaion, for which he Secreary of Sae may indemnify he Academy Trus under clauses 5.AA, may include: a) saff compensaion and redundancy paymens; b) compensaion paymens in respec of broken conracs; c) expenses of disposing of asses or adaping hem for oher purposes; d) legal and oher professional fees; and e) dissoluion expenses. 5.00 f his Agreemen is erminaed, and he Academy Trus owns capial asses which have been parly or wholly funded by HM Governmen, he Academy Trus mus, as soon as possible afer he erminaion dae: a) ransfer a proporion of hose capial asses, equal o he proporion of he original financial conribuion made by HM Governmen, o a 21
b) nominee of he Secreary of Sae o use for educaional purposes; or if he Secreary of Sae direcs ha a ransfer under clause 5.DD(a) is no required, pay o he Secreary of Sae a he erminaion dae (or, by agreemen wih he Secreary of Sae, a he dae of heir subsequen disposal) a sum equivalen o he proporion of he original financial conribuion made by HM Governmen. 5.EE The Secreary of Sae may: a) Waive all or par of he repaymen due under sub-clause 5.DD(b) if he Academy Trus obains his permission o inves he sale proceeds for is chariable purposes; or b) direc he Academy Trus o pay all or par of he sale proceeds o he relevan LA. 6. OTHER CONTRACTUAL ARRANGEMENTS Annexes 6.A Any annexes o his Agreemen form par of and are incorporaed ino his Agreemen. The Maser Agreemen 6.8 Excep as expressly provided in his Agreemen. all provisions of he Maser General Agreemen have full force and effec. 6.C The Academy Trus canno assign his Agreemen. 6.0 Failure o exercise, or a delay in exercising, any righ or remedy of he Secreary of Sae under his Agreemen (including he righ o erminae his Agreemen), or a single or parial exercise of such a righ or remedy, is no a waiver of, and does no preven or resric any iniial or furher exercise of, ha or any oher righ or remedy. 22
D 6.E Terminaion of his Agreemen will no affec he accrued righs, remedies. obligaions or liabiliies of he paries exising a erminaion. 6.F This Agreemen may be execued in any number of counerpars, each of which when execued and delivered shall consiue a duplicae original, bu all of which will ogeher consiue he same agreemen. 6. G This Agreemen and any dispue or claim arising ou of or in connecion wih i or is subjec maer or formaion (including non-conracual dispues or claims) shall be governed by and consrued in accordance wih he law of England and Wales, and submied o he exclusive jurisdicion of he cours of England and Wales. 6.H The Secreary of Sae agrees ha his Agreemen shall be inerpreed in a way which is compaible wih he provisions of clauses 20A-F and 23A-H (if used) of he Church Supplemenal Agreemen daed and made beween (1) he Secreary of Sae; (2) he Academy Trus; (3) Diocese of Middlesbrough Trusee; and (4) he Bishop of Middlesbrough. 23
' This Agreemen was execued as a Deed on..j..~.c::x:.-''db=.~ Execued on behalf of he Academy Trus by: Winess Name: Add The Corporae Seal of THE SECRETARY OF STATE FOR EDUCATON 2015 affixed o his deed is auhenicaed by: Duly Auhorised MA_3031142S_l December 2014 v3 24
ANNEXES 7. PUPLS WTH SPECAL EDUCATON NEEDS (SEN) AND DSABLTES "Saemen of SEN" means a saemen made under secion 324 of he Educaion Ac 1996. "EHC plan" means an Educaion, Healh and Care plan made under secions 37(2) of he Children and Families Ac 2014. 7.A Excep as se ou in clause 8 below, he Children and Families Ac 2014 imposes duies direcly on Academies in respec of pupils wih special educaional needs, including he admission of pupils wih EHC plans. f an Academy Trus considers ha a LA should no have named he Academy in an EHC plan, i may ask he Secreary of Sae o deermine wheher he LA has aced unreasonably, and o make an order direcing he LA o reconsider. The Secreary of Sae's deerminaion will be final, subjec o any righ of appeal which a paren of he child may have o he Firs Tier Tribunal (Special Educaional Needs and Disabiliy) or he Upper Tribunal Adminisraive Appeals Chamber. 7.8 No used 7.C No used 7.0 No used. 8. ADMSSON OF PUPLS WTH SEN AND DSABLTES B.A The Academy Trus mus for each of is Academies, subjec o is righ of appeal o he Secreary of Sae, admi all pupils wih a saemen of SEN naming he Academy. B.B Where an LA proposes o name one of he Academies in a saemen of SEN, i mus give he Academy Trus wrien noice of his, saing why i considers ha Academy o be suiable for he pupil in quesion. Wihin 15 days of receip of he LA's noice, he Academy Trus mus consen o being named, excep MA_3031142S_l December 2014 v3 25
where admiing he child would be incompaible wih he provision of efficien educaion for oher children, and no reasonable seps could secure compaibiliy. n deciding wheher a child's inclusion would be incompaible wih he efficien educaion of oher children or he efficien use of resources, he Academy Trus mus have regard o he relevan Guidance issued o mainained schools. 8.C f he Academy Trus decides ha admiing he child would be incompaible wih he provision of efficien educaion or he efficien use of resources, i mus, wihin he 15 days, noify he LA in wriing, giving is reasons for is decision. 8.D The Academy Trus mus hen seek o esablish from he LA wheher or no i agrees wih his deerminaion. f he LA does no agree wih he Academy Trus's response, and names he Academy in he child's saemen of SEN, he Academy Trus mus admi he child o he school as specified in he saemen or oherwise by he LA. 8.E f in such case, he Academy Trus considers ha he LA should no have named he Academy in he saemen, i may ask he Secreary of Sae o deermine wheher he LA has aced unreasonably, and o make an order direcing he LA o reconsider. The Secreary of Sae's deerminaion will be final, subjec only o any righ of appeal which a paren of he child may have o he Firs-ier Tribunal (Special Educaional Needs and Disabiliy) or he Upper Tribunal Adminisraive Appeals Chamber. 8. F f a paren of a child for whom he LA mainains a saemen appeals o he Firs-ier Tribunal (Special Educaional Needs and Disabiliy), eiher for or agains he naming of he Academy in he child's saemen, hen he Tribunal's decision will be binding, even if i is differen from ha of he Secreary of Sae. 8.G Where i has been finally deermined ha he Academy be named in a child's saemen of SEN, he Academy Trus mus admi he child o he Academy, nowihsanding any oher admissions requiremens in his Agreemen. 26
8.H Clauses 8.A o 8.G only apply insofar as he relevan provisions of he Children and Families Ac 2014 relaing o SEN and disabiliy do no apply o ' ' Academies and Free Schools. 27 MA_3031142S_l December 2014 v3
Deparmen for Educaion Crown copyrigh 2014 You may re-use his documen/publicaion (no including logos) free of charge in any forma or medium, under he erms of he Open Governmen Licence v2.0. Where we have idenified any hird pary copyrigh informaion you will need o obain permission from he copyrigh holders concerned. To view his licence: visi www.naionalarchives.gov.uk/doc/open-governmen-licence/version/2 email: psi@naionalarchives.gsi.gov.uk. We welcome feedback. f you would like o make any commens abou his publicaion, please email AFSPD.feedback@educalon.gsl.gov.uk, quoing he ile of his documen. Specific projec queries should be sen o he allocaed projec lead/lead conac. Abou his publicaion: enquiries www.educaion.gov.uk/conacus. download www.gov.uk/governmen/publicaions. Reference: DFE-00440-2014 Follow us on Twier: @educaiongovuk like us on Facebook: facebook.com/educaiongovuk MA_3031142S_1 December 2014 v3 28