Rt Hon Ed Balls MP
Secretary of State for Children, Schools and Families
Sanctuary Buildings
Great
Academy and foundation schools: land and buildings
I would be most grateful if your Department could answer some questions about the ownership and use of land and buildings in academy schools.
I understand that these are given free to academy trusts. If these formerly belonged to a local authority they are transferred, without payment, to the academy trust. If an academy starts on a new site the trust is still given ownership of the land and buildings even though the government has paid for at least 90 per cent of them. I understand also that foundation schools are given ownership of their land and buildings.
1) what is the total value of the land and buildings now owned by academy trusts and foundation trusts? How does this sum compare to the total cash contributed by academy and foundation school sponsors to the capital costs of these schools?
2) what educational or other public policy purpose is served by giving academies and foundation schools ownership of their land and buildings? Why can they not be content with a lease or a licence over them?
3) An unincorporated body such as a charitable trust is not allowed to own land or property, so presumably all academy land and buildings are vested in named trustees. Is there a public list of the names of all these trustees? If a trustee dies or resigns he has to be replaced: who meets the legal and administrative costs incurred?
4) What are academy or foundation trusts allowed to do with their land and buildings? I understand that they are not allowed to sell them on their own initiative, or use them as collateral for borrowing, but can they develop them, sublet them or grant licences over them? If so, can they derive commercial income from them? What happens to that income? Does it stay within the academy trust or does any of it go to the taxpayer or to local councils? Are academies penalized if they neglect any part of their land (to save running costs)?
5) Arising from the above, do pupils, parents or local residents have any powers to object to the use or management of land or buildings by an academy or foundation trust? Suppose that it made a decision which restricted their use of school land for sport or casual recreation (there are examples of this). They could take their objections to the governors – but in academy schools these are dominated by the sponsor’s representatives and they may well get no satisfaction from them. Could they appeal to the local authority or to yourself to intervene? Have you received any such appeals and how have you acted on them?
Academy sponsors
While I have the opportunity, I would also like to put some questions on academy sponsors.
6) In the present economic climate many may be finding it hard to match their promises of capital sponsorship. What is the present extent of arrears?
7) I understand that sponsors are not required to deliver their contributions in cash, and that some supply them by contributing services, such as the time of a senior executive. How are such non-cash contributions valued?
8) Are academy sponsors (whether as individuals or members of associations or trusts) subject to the same criminal checks as teachers and school staff (they should be)? Are academy sponsors subject to any other tests of their character or views (eg for homophobia or religious extremism)? Or their tax status (I believe that some sponsors are non-domiciles)?
9) Is there any scrutiny of the personal contribution made by academy sponsors to their schools?
10) Do you have power to dismiss any academy sponsor and have you ever exercised it?
11) are there any women who are individual sponsors of academy schools?
12) has any individual, company or organization been rejected or removed as an academy sponsor or as a member of an academy trust? I do not wish for the names concerned, but if any such rejection or removal has happened what were the reasons (eg character check, financial failure, poor performance, non-residence in
Richard Heller