Law and Policy
The following information has been produced by the Department for Education and gives guidance on the legal framework for setting up a Studio School.
Studio Schools are new Academies and as such are independent schools to which the relevant Independent School Standards apply. The Independent School Standards (England) Regulations (2010) are available here.
Each Studio School will enter into a contract with the Secretary of State. This contract, termed the ‘funding agreement’, sets out the arrangements and standards by which the Studio School must be run. The model Studio School funding agreement will be available on the Department for Education’s website in due course.
Studio Schools are new institutions that must:
- adopt fair practices and arrangements that are in accordance with the School Admissions Code, the School Admission Appeals Code and admissions law as it applies to maintained schools;
- collect performance data, publish results and be subject to Ofsted inspection under the same framework that applies to all publicly funded schools;
- have regard to the Special Educational Needs Code of Practice;
- provide a broad and balanced curriculum including the core subjects of maths, English and science, develop students’ employability skills through project-based learning, and make provision for the teaching of religious education; and
- employ personal coaches to personalise students’ learning.
Behind any Studio School is a company, referred to as an Academy Trust, constituted specifically for the purpose of establishing and running a school. This must be set up as a company limited by guarantee to protect the members of the company by limiting their personal liabilities. If you already have an Academy Trust, you may apply using your existing company number, making clear whether the Studio School you are proposing will be run by a separate Academy Trust, or be part of a Multi-Academy Trust.
Establishing a company
A company is made up of members and directors. Neither members nor directors are paid for their work in this role. The members of a company are its legal owners and have a strategic role in running the school and ultimate control over the company. When setting up your company you are required to have at least three founding members but you can have more. Your group will need to decide who the members of the company will be. The members appoint the directors of the company, and when setting up your company, the members are required to appoint at least one director. This may be one of the members themselves.
Directors will be responsible for the day-to-day management and governance of the school. In other words your directors will be the governors of your school. Where we refer to governors and governing bodies in this guidance, we are talking about your company directors.
Company members are not always directors, but in many cases will undertake both roles. We would expect most of the directors not to be members of the company as well, however, because it is important to have clear lines of accountability between the directors and the members.
You will also need to complete the relevant paperwork to establish your company limited by guarantee. As founding members you need to sign a legal document known as the memorandum of association. You also need to complete the articles of association, which set out the purpose of the company and the rules that govern it. Studio Schools should use the Department for Education’s model memorandum and articles of association which can be found here. If your company is formed using our model memorandum and articles of association it will also be a charity at the point that the articles are adopted. The company’s directors will then also be its trustees for charity law purposes.
You then need to submit these completed documents along with an application to register a company and the relevant fee to Companies House. Further information on what you need to do to set up a company is available from Companies House here. Please note we may request to see your memorandum and articles of association at a later date.
The individuals behind any Studio School application are crucial to its success. You will want to consider who forms your applicant group and ensure that you are organised in an effective and appropriate way. You should have arrangements in place to ensure that any potential conflict of interest is avoided. Conflicts of interest could include members of groups being related to each other or principals setting their own salaries (e.g. if they are also a director of the Academy Trust) but we encourage you to think widely about any possible conflicts of interest that you may face. It is possible for members of groups who have been involved in establishing a Studio School to later be employed at the school. However, if this is your intention, we would expect you to demonstrate how you will avoid a conflict of interest, including through fair and transparent recruitment processes.
Just as every Studio School application will be different, the makeup of applicant groups will be different. There is no right or wrong model for the composition of an applicant group. Each group will want to ensure that it has the right balance of skills and experience to deliver its vision. The Studio Schools Trust will be able to advise you about the implications of the model for you and the kinds of skills and expertise required.
Suitability of applicants
The Secretary of State will seek to ensure that only suitable persons are permitted to establish publicly funded Studio Schools. He will consider each application on its merits, and take into account all matters relevant to the application. He will reject any applications put forward by organisations which advocateviolence or other illegal activities, or by individuals associated with such organisations. In order to be approved, applications will need to demonstrate that they would support UK democratic values including respect for the basis on which UK laws are made and applied; respect for democracy; support for individual liberties within the law; and mutual tolerance and respect.
Useful links:
Memorandum and Articles, to establish the Studio School Academy Trust