Evolution of the academy trust and maintained school landscape

The path of Labour policy seemed less concerned with school structure and more about on-the-ground school improvement. The White Paper (Every Child Achieving and Thriving) is promising that all schools are to be part of “high quality school trusts”. The working assumption may mean that schools are to be part of academy trusts, although this not clear. It is possible though we may see a surprising resurrection of previously abandoned academy policy, heralding an uncertain future for maintained schools if this new policy is implemented.

If school trusts mean academy trusts, it is likely to precipitate a rush for maintained schools to organise groupings ready to establish new academy trusts, or to align themselves with existing academy trusts. It is unclear whether maintained schools will be allowed to form school trusts within the maintained sector. This is something perhaps to flesh out in the forthcoming consultation with schools. The current federation model for maintained schools is not widely used, and there can be practical limits on how big a federation can be to operate efficiently.    

The White Paper does explicitly provide for local authorities creating new school trusts. Whilst it is to be expected that the local authorities will play an important planning role, it is expected that their involvement in the day-to-day operation of the school trust will be limited. We assume that the local authority interest would amount to a minority stake of less than 20% of the trust’s membership/trustees reflecting well-established current restrictions for academy trusts. This would help ensure that the school trusts do not fall into the category of being influence or controlled by the local authority.  

The White Paper also hints at “standalone” schools being moved to school trusts, although this is not explicitly stated. Some standalone academy trusts, especially historic schools, may wish to retain their single academy trust status.

Full implementation of the reforms is said to apply from the 2028/29 academic year, with commitments given to the school community to work with them in consultation. New commissioning guidance is anticipated, and it will be fascinating to see how the academy trust and maintained school landscape will evolve. Various questions arise:  

• Will standalone maintained schools be allowed to form new school trusts?
• Will the maintained schools have to acquire academy status, and will funding be available to allow this happen now that the conversion grant for maintained schools has been taken away ?
• What will be the minimum size for any new school trust?
• How will the Regional Directors set their policies about allowing new school trusts to form in competition with existing MATs?
• What will be expected of current academy trusts so that they will be allowed to expand to absorb current maintained schools?

It also needs to be considered what this area of the White Paper means for maintained schools designated with a religious character, especially those within the Church of England and the Roman Catholic Church. Over a third of maintained schools are so designated. The churches have always been significant players in the education space, with the Church of England being the larger contributor especially in the primary sector. The Churches will need to be key partners with the Government if the new policy aspirations are to be met.

If the White Paper will eventually lead to full academisation, is there sufficient capacity within the system to take on the remaining schools? If new trusts are not favoured, will this result in the need for new local authority backed school trusts, and more cross-diocesan academy trusts or Roman Catholic/Church of England academy trusts? It certainly means that local authorities and Dioceses, and their boards of education, will have to revisit their strategies and proactively engage with the remaining maintained schools to plan their destination.

It may take some time before more detailed policies are published and legislation is in place to allow a realistic timeline for all schools to join strong trusts. It has taken over 15 years for the current dual system to become established. Before then, we are likely though to see a great deal of strategic thinking and discussions between neighbouring maintained schools as they seek to retain control of their destinies and plan their future together.

Graham Burns is a Partner and Practice Group Head at Stone King.