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Multi-academy trusts and the Education Select Committee

The Education Select Committee is taking a look at the emergence of multi-academy Trusts (MATs). Frank Suttie, Partner at Ward Hadaway, looks at what we can expect to see in the Committee’s Report and asks whether the committee is asking the right questions.

The past few months have demonstrated the growing significance of committee hearings in the House of Commons. MPs don’t just debate issues – they probe, enquire and not infrequently create an uncomfortable environment for witnesses whose organisations are in the public eye.

Sometimes the efforts expended seem of little consequence – the Education Select Committee’s interrogation of Amanda Spielman prior to confirmation of her appointment as the new HMI led to disquiet being expressed given the candidate’s apparent lack of prior involvement at the chalk face. DfE noted, but then went on to confirm the appointment.

The same committee’s attention has been focussed on the emerging MAT model and a range of issues including governance, groupings of schools and, possibly most significantly, how growth should be monitored and managed.

First up before the committee were Schools Commissioner Sir David Carter and Chief Inspector Sir Michael Wilshaw. Committee members were particularly keen on issues such as should Ofsted powers of inspection extend to the MAT head office? Predictably – yes (Sir Michael), no (Sir David).

The committee asked – are MATs distracted from the key priority of school improvement by expansionist strategies? Sir David is concerned and is working to develop transparent criteria to assess Trust capacity to expand.

The Committee might extend its enquiry following the dramatic policy changes around admission selection, grammar schools and faith schools. MATs will play a key part in deciding whether the Secretary of State is right and the case is there for more grammar and faith schools.

The case for consolidating Academy Schools into MATs is strong.  Each Academy Trust has to be funded, monitored and challenged over everything from the management of its finances to its governance structure.

What we will most likely not see from the Education Committee is any serious challenge to the onward march of the current academy model. Political parties are largely aligned on the principle of independence of school provision from local authorities.

It will be a given that our education system produces outstanding leaders with the capability of overseeing and improving a number of schools within a MAT.

Developing MATs will provide many exciting career opportunities for those who can rise to the top. But leaders in our school system expect to be supported with an array of expertise – in the past provided by local authorities but now to be co-ordinated and procured by Academy Trust Boards in whatever way and to whatever extent is considered appropriate.

The impact of academisation upon services such as school improvement, education psychology, curriculum support and training has been significant, with little emphasis upon assuring the sustainability of these services – now increasingly provided by the private and third sectors.

An issue that has never quite gone away is the potential development of a “for profit” variation to the Academy model.  Once regarded as a taboo, the reality is that ever more support is delivered by the private sector on commercial terms.

Professionals and others with management capabilities are being drafted in to oversee MAT operations in unpaid non-executive roles. The willingness and capacity of the private sector to deliver this resource in the quantities required should not be taken for granted.

Perhaps this model of education service delivery will, in time, demand commercial management expertise on a for profit basis.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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