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Government will publish new academy compliance orders

Department for Education says new directions for trusts breaking rules will be made public

Schools Week Reporter

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The government has said it will publish new academy compliance orders which it plans to issue to trusts breaking rules around new requirements on admissions, uniform and even parental complaints.

As part of its proposed schools bill, the government plans to introduce a new power to direct trusts not complying with legal duties or who are 鈥減roposing to act unreasonably鈥.

The measure will be used to enforce new requirements introduced as part of the bill 鈥 including ensuring academies co-operate with councils on admissions, follow the national curriculum and adhere to a proposed new cap on branded uniform.

Another example given is where a trust has 鈥渇ailed to deal with a parental complaint and has not followed its complaints process鈥.

At present, academies breaching their funding agreements can be issued with a termination warning notice.

But the government said where 鈥渘on-compliance is minor, termination may not be a proportionate response鈥.

The new power would 鈥減rovide a straightforward and proportionate remedy where there is a specific breach or incident of unreasonable behaviour鈥.

The government already has the legal power to issue such directions to council schools.

The Department for Education has now told Schools Week they 鈥渋ntend to publish compliance directions in line with our long-standing approach to transparency鈥.

The power to issue compliance directions will apply to all of trusts鈥 legal duties and powers.

A compliance direction may be issued in cases where there is an isolated breach or unreasonable action – particularly so when the the relevant trust is not otherwise eligible for intervention.


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Government would first write to rule-breaking trusts to say it is 鈥渕inded鈥 to issue a direction. Where it is not satisfied with a trust鈥檚 response, a direction would be issued and later published.

This will be done 鈥渞ather than escalating to termination to provide trusts the opportunity to rectify the situation without threat of termination where this would not be appropriate or proportionate鈥, government documents state.

But where a trust does not comply, a termination notice would then be considered.

Government said the new powers would 鈥渆nsure that the secretary of state can secure compliance more quickly without the unnecessary disruption to parents and children faced when transferring an academy to a different trust鈥.

The number of termination warning notices issued to trusts since Covid has surged. However this is likely down to the introduction of 鈥榗oasting powers鈥 鈥 meaning schools with successive 鈥榬equirements improvement鈥 grades could be rebrokered.

The coasting power has since been scrapped.

The previous government said academies were more transparent that council schools given requirements such as trusts having to publish annual accounts.

Former academies minister Lord Agnew introduced new requirements on council schools to level the field.

However government has since watered down its policy on publishing investigation reports into academy scandals – saying it will now only publish a summary of reports, rather than the full thing.

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