The “ominous” possibility that reluctant schools could be compelled to join multi-academy trusts (MATs) has been left open in Department for Education plans published today, a teaching union leader has warned.
The plans set out in more detail how the government hopes to hit its target of all schools being part of a MAT by 2030.
Plans for 2022-23 include working with councils on “test and learn” projects in order to explore how to set up local authority established MATs.
And the DfE is inviting expressions of interest from LAs and dioceses who “wish to work with us to move at scale to a fully trust-led system and who have secured the in-principle agreement of schools”.
Ministers have set the target of all schools being in or moving towards a MAT by 2030.
However, Geoff Barton, general secretary of the Association of School and College Leaders, has raised concerns about what will happen for schools that do not wish to become academies or join a MAT.
He said an “unanswered question” is: “What happens if schools do not play ball and go along with the government’s wishes? Will stronger forms of leverage and compulsion be introduced at a later date?”
He added: “The DfE’s lack of clarity on this point is not helpful and leaves a grey area of whether this plan is an ambition on its part, that it hopes to achieve by encouragement, or a more ominous fait accompli. It really should be setting out its intentions so that the discussion can take place in an environment of full disclosure.”
The DfE’s new Implementing school system reform in 2022 to 2023 plan says councils can express interest in moving to a fully trust-led system if they have secured the in-principle agreement of schools.
However, earlier guidance documents, published alongside the Schools Bill this month, suggested councils would not need the consent of some maintained schools before applying for them to become academies.
The Bill will mean councils are given new powers to apply for maintained schools in their area to become academies.
Government documents said that, if the schools in question are a foundation school or voluntary-aided, then councils will need the consent of trustees of the school and the body responsible for appointing foundation governors.
However, it suggests councils will not need the agreement from the governing body of other maintained community schools before applying for an academy order for them.
Tes has asked the DfE, today, whether councils will need the agreement of all maintained schools it wishes to academise in light of today’s document.
The government’s implementation plan also says that its priorities will be introducing an “area-based approach” to commissioning trusts in the 55 Education Investment Areas.
It will also look to use new powers in these areas, which will allow the DfE to issue academy orders for schools that get consecutive “requires improvement” judgements from Ofsted.
The department said that, over the course of the 2022-23 academic year, it will “build out its best practice approach to strategic planning with local areas - known as area-based commissioning - with the intention of expanding the approach nationwide from 2023-24”.
The DfE has said that it is looking to set up a small number of “test and learn projects” to set up new LA-established MATs.
It has said this will be where they are needed; or to respond to local demand to complete the journey to a fully trust led system; or progress at scale, for example in areas where there are large numbers of rural primary schools.
LA-established MATs
A separate document, published today, on how LA-established MATs will be run, says the government will manage the size of new trusts to ensure they are strong before considering growth.
It adds: “We expect LA-established trusts to be small initially, with fewer than 10 schools or 7,500 pupils.”
The DfE is encouraging schools and LAs to pose themselves a series of challenging questions - about the growth rate they could sustain as a trust, or capacity of the school or local authority to establish a new trust.
Councils will be asked when they envisage a MAT being established, what geographical areas they will expect it to serve and what its vision and ethos will be.
Councils have until 31 July of this year to submit an expression of interest.
The latest DfE guidance says that it expects the majority of schools with a religious character will continue to join MATs that are led by their diocese or relevant religious authority.
However, it adds that LA-established MATs can include schools with a religious character, but only where there is the expressed consent of both the academy trustees and the relevant religious authority.
The guidance says: “LAs interested in establishing MATs will follow the same process as any proposal for a new MAT. However, during the process we recognise there may be some issues that arise and are distinctive to LA-established MATs, which may require different handling; a test and learn exercise should allow us to identify these issues early.”
It also says that, as with any application to convert, if approved by the DfE’s regional director, each school will be able to claim the £25,000 support grant to spend on the conversion process.
LA-established MATs may also be eligible for support from the Trust Capacity Fund (TCaF) and may have access to the discretionary fund for LA conversion costs.
‘Secure the best outcomes for children’
Schools minister Baroness Barran said: “There has been a real energy and interest from across the school sector in our plans to transition all schools into strong academy trusts to help secure the best outcomes for children.
“Asking all schools to join strong trusts is not only borne out of our ambition for young people - but also because strong trusts provide wider opportunities for teachers and support for schools, helping deliver on our White Paper missions to drive up outcomes in maths and English for children leaving primary school and completing their GCSEs.
“I am determined that we capitalise on the shared enthusiasm I am seeing from across the sector to do the best for every child, by using the next year to develop a partnership approach to innovating, learning, and using data and evidence as we build the 2030 school system.”
However, Mr Barton said that the DfE has still not made the case to the sector about why this change is needed.
He suggested there is a “lack of a compelling argument that this is the right direction of travel”.
Mr Barton added: “There is a need to tidy up a messy and fragmented system - which is of the government’s own making - and we do agree with the benefits of families of schools working together.
“However, while many multi-academy trusts do excellent work, this is not the only model of collaboration that is available. Successful stand-alone trusts and local authority schools may well wonder why such a significant structural change is needed.”
