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Academy regulation review: What schools need to know

The review was launched in June last year to 'future proof' the role of academy trusts

Samantha Booth

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The government will create new regional “development networks” to support growing academy trusts and publish reports on school sponsorship capacity in 55 areas with “the highest need”.

Ministers’ response to their regulatory and commissioning review also proposes a new “risk-based” approach to academy regulation, a simplified academy trust handbook and a review of parental complaint procedures.

The review waslast year to “future proof” the role of academy trusts.

It was partly intended to give clarity on how the powers in the schools bill would be applied, but continued even after the legislation was scrapped in December.

Here’s what you need to know…

1. A single regulatory ‘interface

The DfE said its review had found its current approach to regulation “broadly provides the right safeguards, checks and balances against the most significant harms in the school system”.

But it also heard there were “areas of regulation where historic and accumulated requirements are no longer needed”.

A new “risk-based, proportionate regulatory approach” will focus on “promoting quality, striking a better balance between the need to protect against harms and the need to enable innovation”.

This will be partly be done by creating a “single interface” between the DfE and trusts through its regions group, making it “easier for trusts to engage regulators and submit returns”.

The DfE will also “fully embed” the recommendations of its review of the Education and Skills Funding Agency by this September.

2. A ‘simplified’ academy trust handbook

Requirements for trusts, in the academy trust handbook, will be “streamlined” as a result of the review.

This spring, the DfE will “work with the sector to review and rationalise the requirements in the handbook, ensuring they are clear, necessary and proportionate to the risks they seek to prevent”.

This will “remove outdated requirements and change our approach to financial oversight, so regulation is clearer and more proportionate to the risks it mitigates against”.

The revised handbook will take effect from September.

3. Review of complaints and ‘virtual assistant’

The government said it will “review our approach to processing parental complaints, ensuring the system is clearer for trusts, schools, parents and carers”.

This aims to make it 鈥渓ess duplicative鈥 for parents, schools and trusts. The review identified 鈥渟ignificant confusion and duplication鈥 and said the system complexity makes it harder for regulators to 鈥渋dentify themes and emerging risks鈥. 

The GOV.UK page on complaints will be updated “shortly”, making clearer which organisations should be contacted. DfE is also trialling a new 鈥渧irtual assistant鈥 for parents. 

By autumn, a revised data sharing agreement between DfE and Ofsted will be introduced. This will 鈥渟upport better information sharing around safeguarding and complaints, alongside continued work to reduce duplication鈥. 

4. Greater use of intervention at trust level

The review heard there was 鈥渁 strong case鈥 for DfE to intervene at trust level in cases 鈥渙f sustained educational failure鈥.聽

DfE will now 鈥渆xplore making greater use of existing powers to address underperformance at trust-level”.

This will be done on a 鈥渃ase-by-case鈥 basis where there is 鈥渃lear evidence suggesting trusts are failing to hold executive leaders to account for poor educational performance across the trust and its academies鈥. 

The DfE will also continue to work with councils and dioceses to support 鈥渧ulnerable鈥 maintained schools. But when the majority of schools are in trusts, 鈥渨e may well need to take new powers to ensure we can intervene effectively and proportionally鈥.

This would be done in consultation with the sector and be 鈥渃learly restricted to cases of significant and sustained underperformance鈥

5. New ‘statements’ to set out sponsor need

The DfE will today publish 鈥渢rust development statements鈥 for its 55 education investment areas – places ministers deem to be in 鈥渢he highest need鈥.

The plans have been developed with trusts, dioceses and councils. They outline the 鈥渁ssessment of need鈥 in each area and how they want the 鈥渢rust landscape to develop in response鈥. 

鈥淚n time, lessons about local capacity and strategic planning learned from these areas will be applied across the country.鈥

6. ‘Strong’ MATs will head ‘development networks’

In early 2024, DfE will trial 鈥渞egional trust development networks鈥. These will be led by academy trusts with 鈥渟trong track record of leading improvement鈥. 

The government said their aim “will be to facilitate peer-to-peer support for all trusts and help deepen the sector鈥檚 understanding of how effective approaches in all five of the pillars of trust quality are spread across a trust鈥檚 schools”.

7. ‘More transparent’ commissioning

Ministers will introduce three stages of commissioning – the process by which schools are moved around the system – after sector feedback said it needed to be 鈥渕ore strategic and transparent鈥. 

The first stage will involve the regions group assessing strategic needs of an area and 鈥渒ey鈥 school-level characteristics. It would also look at financial and governance breaches as well as 鈥渉igh level鈥 trust quality assessments. 

The second stage will 鈥渃onsider quality factors鈥 including trust record of delivering high quality education and school improvement.

The final stage will see the regionals group reach a recommendation in the 鈥渂est interests of the schools, trusts and communities involved鈥. 

The DfE will engage with the sector int he spring before publishing full commissioning guidance in June 2023. This will consolidate separate documents in one place and clarify the role of government advisory boards. 

8. ‘Expanded’ descriptions of trust quality

These descriptions will build upon the five 鈥渢rust strength鈥 pillars from the schools white paper (see graphic), all channelled to trusts’ 鈥渨ider civic purpose鈥.

In April, the DfE will publish proposed descriptions for each of these pillars.

The department said each description has been 鈥渆xtensively discussed鈥 with the review鈥檚 external advisory group and other stakeholders 鈥渂ut we want to engage further to ensure we get them right鈥. 

9. National mentoring for CFOs

The government will roll out nationally a new mentoring programme for MAT chief financial officers, which will match them with 鈥渆xpert peers鈥. 

The DfE said following a 鈥渟uccessful鈥 pilot, they will now facilitate one-to-one mentoring across the country from this summer.

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1 Comment

  1. Catie Colston

    When you say 鈥榯rust鈥, do you mean 鈥楳AT鈥? Where is the space in all this for Single Academy Trusts? Or is it a Freudian slip鈥?

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