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On 20 April 2021, Cabinet:-
(i) Noted that Mayfield School is proposing to convert to Academy status on or after 1st June 2021 and their sponsor will be the Education Impact Academy Trust;
(ii) Noted that at the point of conversion Mayfield School will have a deficit balance of circa £2 million due to the staffing structure and over reliance on agency staff.This will remain with the Local Authority at the point of conversion as outlined in the DfE Guidance entitled ‘Treatment of surplus and deficit balances when maintained schools become Academies’ (Appendix 4 to the report);
(iii) Noted that Mayfield School occupies two separate sites: Heathfield Road B19 1HJ; and Wheeler Street B19 2EP. The Wheeler Street site is subject to PFI (Private Finance Initiative) contract arrangements until 2036, and the site is shared with two other schools, Holte School and Lozells Junior and Infant School and Nursery and known as the HML site;
(iv) Noted that a Shared Use Agreement is in place on the site between Lozells, Holte and Mayfield Schools (HML), which identifies the areas of the site that are shared and who is responsible for them. This document will form a schedule to the Commercial Transfer Agreement. The Shared Use Agreement has been prepared by the Council and currently in negotiation. The Shared Use Agreement will be agreed and signed with Lozells, Holte and Mayfield Schools before the conversion;
(v) Authorised the grant and completion of 2 leases (one for each site) for Mayfield School to the Education Impact Academy Trust for 125 years substantially in the form of the model lease produced by the DfE at a peppercorn rent. The school’s sites are identifiable as shown on the accompanying redline plans (see Appendix 1a, 1b, 1c, and 2 to the report);
(vi) Authorised the completion of a School Agreement between the Council and the academy trust relating to the PFI arrangements (as per section 2.7 below) on the HML site, this document replaces the Governing Body Agreement of the community school, this will be substantially in the form of the model provided by the DfE;
(vii) Authorised the completion of a standard form Deed of Variation to the Project Agreement relating to the Phase 1a PFI Contract and Schedules. This document is prepared by the Council and formally recognises Mayfield school’s Academy status (in name change only) and that Council remains the client in respect of the PFI Contract and schedules;
(viii) Authorised the completion of a Commercial Transfer Agreement (CTA) to the Education Impact Academy Trust relating to the transfer of staff under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and assets to the Academy Trust;
(ix) Authorises the City Solicitor to negotiate, execute and complete all necessary documents, including the Deed of Variation to the Facilities Management Contract, Principal Agreement and the Shared Use Management Agreement, to give effect to the above recommendations.
THE DEADLINE FOR CALL IN IS 1600 HOURS ON
MONDAY 26 APRIL 2021.
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