Independent School Management, December 2024

THE MAGAZINE FOR INDEPENDENT SCHOOL LEADERS

INDEPENDENT

SCHOOL

MANAGEMENT

Coping in the VAT era –

HMRC’s Budget day guidance

Effective management

of IT and data

Changes to pension schemes

being considered by schools

Counter common types of

fraud in the education sector

Should your

school merge?

DECEMBER 2024 ISSN 2976-6028

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welcome

We must accept the new reality

Well they were very clear about

it. They repeatedly stated in

no uncertain terms that there

would be no backing down, concessions

to any delay in timing, or a rethink,

despite all of the lobbying. VAT on

school fees will definitely be introduced

from January – which might be less of a

problem if the guidance around it was at

all clear.

“Inaccurate” and “wildly

contradictory” were two of the

descriptions I heard, from usually mildmannered

VAT professionals, about the

HMRC’s first stab at guidance following

the consultation period, issued on

10 October. I also heard it referred to in

language that educators would definitely

not want their pupils using.

At that stage, it was difficult to publish

definitively anything useful about the

guidance in this issue as there was an

expectation that the Budget on

30 October could bring further changes,

which it did. Or at least it clarified

some things that could only have been

inferred from the earlier guidance. Never

mind school leaders trying to deal with

uncertainty, what about us poor editors

with deadlines that don’t fit with the

government’s schedule?

We have, however, been able to

include a summary regarding the latest

position post-Budget on pages 10-11,

although, as ever, you should already be

speaking with your accountancy and tax

advisors about these matters. As well as

the less-publicised removal of business

rates relief for independent schools in

England from April next year.

It’s not unusual for HMRC VAT and

tax guidance to need finessing over time,

as loopholes are spotted, definitions

tightened, and unforeseen circumstances

seen. And it hasn’t been helpful that

some of the reporting and general

rumour-mill about the consequences

around the edges of the guidance have

been inaccurate or sensationalised. But

it’s also concerning that a number of

sensible suggestions from independent

school representative bodies, and

those who actually work in VAT, have

seemingly been ignored, which could

only waste time and cause problems

further down the line.

What is clear is that whatever creases

there are in the guidance, which will

probably be ironed out over time,

schools need to prepare, if they aren’t

already, particularly about whether they

will be required to register for VAT.

To use a word I heard several times at a

couple of recent events I attended, there

has been too much procrastination. No

matter how unfair the VAT ‘raid’ may

seem, as well as arguably illogical in

terms of what it claims it will achieve

for the state sector, it is a reality. And

needs to be considered as part of wider

strategies for future-proofing and

financial sustainability.

Emerging themes

Those aforementioned events in

October, the Independent School

Management Forum, and Education

Summit, organised by Nexus Media

Group, were my first chance to meet and

engage properly with those working in

and around the sector, and a number

of themes emerged, certainly in my

consciousness. It is clear that a lot of

financial problems some schools face,

VAT on fees or not, are ultimately

down to a governance deficit. And

the calls around whether the current

model of well-intentioned voluntary

governors having the time to reach and

make critical decisions will only grow.

In particular, the debate concerning

professional governance and whether

the chair and treasurer roles, for

example, would attract better-equipped

individuals, able to commit more time

to the demands of the position, if they

were paid.

The emergence of the for-profit

providers in the independent sector,

both domestically and through UK

schools opening up internationally,

continues to grow and it is entirely

conceivable that the present largely

charitable independent school

dominated sector will look very different

in five years’ time, with the VAT issue

providing a further impetus to schools

operating through different models, if

they are to survive.

To use a well-worn phrase, the

independent school sector is at a

crossroads. The closing session at the

Education Summit featured Alistair

Campbell and Fiona Miller. As

expected, both showed little sympathy

for independent schools. Indeed, the

never usually combative (!) Alistair

seemed to thrive on the polite hostility

and disagreement in the room. And to

be fair, both of them did make some

sound arguments from the government’s

perspective.

What it did illustrate was that, as

a generalisation, Labour regards the

independent school sector as a very tiny

part of education, only 7% (and likely to

drop) – a bubble that is detached from

what they see as the greater priority of

raising standards of education for the

significant majority in state schools.

Even though, as has constantly been

argued, it is far more nuanced than

that, and the knock-on effects and

unintended consequences could far

outweigh any benefits. But there have

been some in the independent school

sector who have been quite comfortable

in that bubble. If it has now burst,

then independent schools need to

demonstrate they are an integral part of

the whole education conversation, and

can provide something additional that is

still worth parents paying for.

Ian Allsop

Editor,

Independent School Management

Ian Allsop

INDEPENDENTSCHOOLMANAGEMENT.CO.UK DECEMBER 2024 | 3

contents

Automate consolidations

for multiple schools and

locations in seconds

ESFA and SOFA reports

as standards

Powerful cost controls to

help maximise budgets

Department of Education

Chart of Accounts included

4 | OCTOBER 2024 INDEPENDENTSCHOOLMANAGEMENT.CO.UK

contents

6-9 News in brief

10-11 Arrival of the VAT era

HMRC’s Budget day guidance

12-13 Wisdom over youth

Ignore experience at your peril

Chief executive

Alex Dampier

Chief operating officer

Sarah Hyman

Editor

Ian Allsop

ian.allsop@nexusgroup.co.uk

Reporter and subeditor

Charles Wheeldon

charles.wheeldon@nexusgroup.co.uk

Publisher

Harry Hyman

Sales

sales@nexusgroup.co.uk

Production

production@nexusgroup.co.uk

Investor Publishing Ltd, 3rd Floor, 10 Rose &

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Tel: 020 7104 2000

Website: independentschoolmanagement.co.uk

Independent School Management is published six times a year

by Investor Publishing Ltd. ISSN 2976-6028

© Investor Publishing Limited 2024

The views expressed in Independent School Management

are not necessarily those of the editor or publishers.

@IndSchMan

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independent-school-management

special focus

14-15 Why school groups

succeed

Future of the independent school sector

16-17 Tips for a successful sale

Charitable school sales to commercial

groups

18-19 Size isn’t everything

Merging with a larger school

20-21 Key governance

responsibilities

When involved in a merger, acquisition

or collaboration

22-24 Effective land disposal

Property considerations of a merger

25 Navigate uncertainty

Financial forecasting and scenario

planning

26-27 Create an inclusive

environment

Tips on building a diverse staff

28-29 Schools and sexual

harassment

A new statutory duty on employers

30-31 Keep your data secure

Effective management of IT and data

32 Best bank deposit rates

33 Merger watch

34 Stem the tide of fraud

Common types of criminality in the

education sector

35 A practical approach to

arrears

Issues to bear in mind when chasing

unpaid fees

18

40

36-37 Proper conduct

Steps for leaders undertaking internal

investigations

38-39 Time to retire your

scheme

Changes to pensions being considered

by schools

40-41 Family feud

Schools’ choices when pupils have

divorced or separated parents

42-43 Valuations in the VAT era

Leverage your school’s most valuable

asset

44-45 New ideas for staff

retention

Tackle long-term recruitment issues

46 Smartphones in schools

A new Bill proposes banning phones in

schools

47 Stop the drop

Dealing with declining school rolls

48-51 People moves

52-54 Space to excel

Interview with the headmaster of

Lord Wandsworth College


news

News in brief

POLICE REOPEN

WIMBLEDON PREP SCHOOL

CRASH INVESTIGATION

The Metropolitan Police is reopening its

investigation into the crash at The Study

Prep primary school in Wimbledon,

which resulted in two eight-year-old girls

being killed and 12 people being injured.

The school is an independent

preparatory school for girls aged

four to 11.

The two girls, Selena Lau and Nuria

Sajjad, were with others outside the

school enjoying an end-of-term tea party

when an out-of-control 3.5 tonne Land

Rover crashed into the school grounds

and collided with the children.

The driver Claire Freemantle later

said she had “no recollection of what

took place” and had lost consciousness,

which led to a decision by the Crown

Prosecution Service not to prosecute.

Medical records and evidence from

neurological specialists found Freemantle

had no prior diagnosis of a medical

condition and had not previously suffered

any seizure.

Parents of both girls complained

bitterly at the CPS’s decision and

criticised the police investigation and the

lack of road collision investigators.

However, the force has now stated:

“The review has identified a number

of lines of enquiry that require

further examination and, as such, the

investigation will now be reopened.

PRIVATE GIRLS SCHOOL

SEEKS NEW GROUP

OWNER

Malvern St James Girls’ School in Great

Malvern, Worcestershire is aiming to

join a “family” of schools, the Malvern

Gazette has reported.

Malvern St James is an independent

boarding and day school for pupils aged

four to 18.

The school’s chair of governors Michael

Hodges revealed the school has entered

into a period of exclusivity with an

education group.

The school said it is taking this course

because of the imminent 20% VAT

charge on school fees, the cost of living

crisis, and a shortage of teachers in key

subjects.

Queen Elizabeth Grammar School

INDEPENDENT SCHOOL

RATED INADEQUATE BY

OFSTED

Invested Education, an independent

special school in Marske-by-the-Sea,

North Yorkshire, has been rated

Inadequate by Ofsted, Teesside Live has

reported.

The school caters to pupils aged from

11 to 16 and was inspected on 14 May.

The inspectors stated: “Pupils’ behaviour

is not consistently well supported across

the school. There are differences in how

behaviour is managed and in the types of

behaviour expected from pupils. Pupils

know that in some classes, and areas

within school, the expectations of their

behaviour are much lower. This impacts

upon how pupils choose to behave

and, consequently, upon how well they

learn. The school’s work to develop the

approach to behaviour and improve

consistency in expectations is at the

earliest stages of implementation.”

However, inspectors said pupils have

positive relationships with their key staff

and the school focuses on understanding

pupils’ individual needs.

YORKSHIRE PRIVATE

SCHOOLS TO MERGE

Boys school Queen Elizabeth Grammar

School and Wakefield Girls’ High School,

both located in the West Yorkshire city,

are to merge following the government’s

plan to add 20% VAT onto private school

fees, The Yorkshire Post has reported,

Governors announced that the

school will become known as Wakefield

Grammar School in autumn 2026, with

a “bespoke diamond model”, with girls

and boys taught together in primary and

sixth form, and single-sex lessons between

11 and 16, with mixed form groups,

activities and trips.

The schools been joined under the

banner of Wakefield Grammar School

Foundation for some years, with some

mixed teaching at sixth form.

KING’S HOUSE SCHOOL

ACCELERATES TRANSITION

TO CO-EDUCATION

Following its decision to admit girls into

Reception and Year 1 this year, King’s

House School said it will admit girls into

Year 7 from September next year.

King’s House is a prep school in

Richmond, Southwest London for

children aged two to 13.

The school stated it has received

“significant interest from parents of girls

who are considering 13-plus boarding

options for senior school and would

like their daughters to attend a local day

school for Years 7 and 8”.

Therefore, from September next year

girls will be able to join the Nursery

(2-plus), Reception to Year 2, and Year

7. The school said it will also continually

6 | DECEMBER 2024 INDEPENDENTSCHOOLMANAGEMENT.CO.UK

news

monitor interest in other year groups,

such as Years 3 and 4, and asks any

parents interested in this to get in touch.

SUSSEX INDEPENDENT

SCHOOL CLOSES DOWN

The independent Conifers School in

Midhurst, West Sussex, has closed Sussex

World has reported. Opened in 1934,

the co-educational prep school taught

children aged two to 13.

The school was acquired in 2020

by Quo Vadis Education, which also

owns and operates Boundary Oak, an

independent day and boarding school in

Fareham, Hampshire.

GLOBEDUCATE ACQUIRES

BILINGUAL SCHOOLS IN

LONDON

International K12 education group

Globeducate has acquired two schools in

London.

King’s House School

L’Ecole des Battersea pupils

L’Ecole des Petits (Fulham) is a preprimary

school founded in 1977 by

Mirella and Nicholas Otten which caters

for up to 120 pupils aged three to six and

L’Ecole des Battersea, founded in 2005,

caters for up to 280 pupils aged three to

11, pre-primary and primary.

The first school was founded in Chelsea

by Mirella Otten, a newly trained teacher

from Paris. She envisioned a bilingual

pre-school that integrated French and

English curricula. This school moved to

Fulham in 1991 and a sister school in

Battersea, offering education until 11,

opened in 2005.

As AEFE (Agency for French

Education Abroad) accredited schools,

both offer a bilingual curriculum with

elements from both the French and

National Curriculum for England.

They are inspected by both Ofsted and

AEFE.

Globeducate now has five UK schools,

and a total of 65 schools in 11 countries.

GREAT WALSTEAD TO JOIN

ARDINGLY COLLEGE

Ardingly College has announced that

Great Walstead Prep School is joining its

“family of schools”.

The two West Sussex schools have had

a close relationship for many years, with

Great Walstead being a significant feeder

prep school to Ardingly College’s Senior

School.

On its website Ardingly College stated:

“This new partnership will allow Great

Walstead School to enter the next phase

of its strategic development, to grow and

develop for the future, while ensuring

its long-term stability. It also ensures

that local families retain the choice of a

‘through school’ option from 3 to 18 with

Ardingly College, or Great Walstead’s

more traditional Prep School offer until


news

Redmaids’ High School pupils

13, with entry into a range of Senior

Schools.”

Ardingly College stated that its family

of independent schools includes Ardingly

College Prep School as well as schools

in China and Kazakhstan, with further

schools being planned in other countries.

Great Walstead’s partnership with

Ardingly College also means the school

will be incorporated into Woodard

Schools, an educational charity started

by Ardingly’s founder, philanthropist

Nathaniel Woodard, which now educates

more than 30,000 pupils in the UK

across academy, independent and statemaintained

schools.

LAKE DISTRICT SCHOOL

MOVES TO ONE SITE TO

COUNTER VAT THREAT

Windermere School announced it will

be moving to one site in response to the

government’s announcement of 20% VAT

on fees for independent schools.

Windermere School is a co-educational

private school in the Lake District for

boarding, weekly boarding and day pupils

aged three to 18.

The junior school campus will be

relocated into the senior school site. This

transition is expected by January when

building works have been completed.

STOKE-ON-TRENT

INDEPENDENT SCHOOL TO

CLOSE

St Joseph’s Preparatory School, a Roman

Catholic co-educational school in

Stoke-on-Trent offering nursery, preprep

and teaching for Years 1 to 6, has

announced it will close on 31 December

as a results of “changes coming regarding

independent school funding”.

On its website the school said: “In

making their decision the Trustees have

focused on the varied financial challenges,

which the school community has faced

in recent years, and the changes coming

regarding independent school funding.

This has been an incredibly difficult

decision and one not taken lightly.”

REDMAIDS’ HIGH SCHOOL

JOINS THE GIRLS’ DAY

SCHOOL TRUST

Redmaids’ High School, a private day

school for girls aged seven to 18 in

Westbury-on-Trym, Bristol, has joined

the Girls’ Day School Trust following its

decision to add 12% to its fees in the face

of Labour’s imposition of VAT on school

fees.

On its website the GDST stated:

“Welcoming Redmaids’ High School

to the GDST family is a significant

milestone in the history of both

educational charities, equally and

fiercely committed to the future of girls’

education.

This year, Redmaids’ High School

celebrates 390 years of excellence in girls’

education, underlining a proud history of

educating girls in Bristol. The school will

become the 26th member of the GDST

family, which includes some of the most

successful girls’ schools across the United

Kingdom. The GDST is renowned for

pioneering innovation in how girls learn

best and is committed to reaching as

many girls as possible. It is an enormous

honour for the GDST to extend the

national footprint to Bristol, a city with

a long-standing commitment to equality

and inclusivity.


news

CLOSED WORCESTERSHIRE

INDEPENDENT SCHOOL TO

REOPEN

American-Chinese private educational

institution Sias has purchased St

Michael’s College in Tenbury Wells,

Worcestershire, which will reopen after

the Covid-19 pandemic forced its closure

in June 2020 due to its international

pupils being unable to travel, Worcester

News has reported.

The former boarding school will reopen

as a private school offering day school

and boarding for secondary education

from Year 9 upwards, as well as sixth

form education for UK and international

students.

Commercial property estate agent

Fisher German facilitated the sale of the

22.76-acre site which included the Grade

II* listed main building and 13 other

buildings including the former sports hall,

boarding houses and educational blocks.

St Michael’s College was founded in

1856 as a choir school for boys. Financial

difficulties forced the school’s closure

in 1985, before it reopened in 1990 as

an independent international boarding

school.

PRIVATE SCHOOL RATED

INADEQUATE BY OFSTED

Oxford International College in Oxford

has been rated Inadequate by Ofsted

following an inspection in April.

Oxford International is an independent

boarding school catering to pupils aged

14 to 19 years, who are mostly from

overseas, including Hong Kong, China,

Korea, Malaysia, Singapore and Thailand.

The school is owned by Nord Anglia

Education which operates more than

80 international day and boarding

schools in more than 30 countries. In

late October Nord Anglia was acquired

by a consortium comprising Neuberger

Berman Private Markets, EQT, and

Canada Pension Plan Investment Board,

together with global institutional

investors.

THREE CHARGED IN

CONNECTION WITH LIFE

SCHOOL INVESTIGATION

Three men have been charged in

connection with allegations of child

cruelty at an independent school in

Wirral.

An investigation was launched after the

BBC broadcast video footage recorded

by an undercover journalist at the Life

School on 17 June.

Elliot Miller, 21, of Liscard has been

charged with common assault of an

adult, a Section 5 public order offence,

two counts of assault by beating and

common assault. Daniel McNulty-Doyle,

21, of Little Neston has been charged

with using threatening, abusive words

or behaviour likely to cause harassment,

alarm or distress. Oliver Nugent, 26, of

Irby has been charged with assault by

beating.

The Life School permanently closed

after the alleged incidents came to light

and enquiries into the alleged incidents

are continuing, said Detective Inspector

Peter Rexwinkel of Merseyside Police.

INSPIRED LEARNING

GROUP ACQUIRES ST

FRANCIS SCHOOL

Inspired Learning Group (ILG) is

acquiring St Francis School in Pewsey,

Wiltshire, from the Hayfran Trust. The

St Francis School

school, founded in 1941, caters to pupils

aged from three months to 13 years.

ILG stated it will provide significant

investment in the school’s facilities and

professional development for its staff.

ILG operates 25 UK independent

schools and nurseries which have more

than 3,000 pupils across the UK. Based

in Northwest London, the company

provides business and education

consultants, and an advisory board for

each of its schools.

ADMINISTRATORS

APPOINTED FOR CLOSED

PRIVATE SCHOOL

The Iona School, an independent

primary school in Nottingham, has

closed and appointed Philip Harris and

Nathan Jones of FRP Advisory as joint

administrators, The Business Desk has

reported.

The school catered to 62 pupils aged

from three to 11 and offered Waldorf

education based upon Steiner principles.

The school warned parents earlier this

year that it would be forced to raise fees

following the government’s decision to

impose VAT of fees.


VAT

Arrival of the VAT era

Jonathan Main provides a summary of the Budget day guidance from HMRC

HMRC published updated

guidance on the VAT changes

for private and independent

schools on Budget day, 30 October.

The Treasury released its response to

the limited technical consultation on

the same day. These were the third

substantial releases of detailed guidance

ahead of the change in law on 1 January.

This insight provides you with a

summary of the provisions, to help you

prepare for the introduction of VAT.

WHAT HAS CHANGED?

For those of you who have digested

the guidance from 29 July and

10 October, the core of the provisions

has not changed. The Treasury

response is noteworthy for the number

of representations which have been

rejected, most importantly of course,

that the law will still change on

1 January.

Several concessions have been made,

although in some cases, they could have

been inferred from earlier guidance.

These are the most significant:

• Fees earned by non-maintained special

schools (NMSS) will now be subject

to VAT. This removes an anomaly

between NMSS and other special

schools, which would have placed

NMSS at a financial disadvantage,

as they would have been unable to

recover VAT in comparison to other

similar institutions.

• The definition of a nursery class

has changed, so that one child of

compulsory school age does not cause

fees for the whole class to be subject

to VAT.

“If you have already

received fees as

payments towards

school terms starting in

2025, this income may

be subject to VAT.”

• Higher education provided by private

schools will remain exempt from VAT.

• Further education (FE) colleges will

remain exempt from VAT, on the

reasonable assumption that the FE

college does not earn the majority of

its income from fee-paying students.

• Independent training providers and

independent learning providers are

specifically carved out of the changes.

• Teaching English as a foreign language

remains exempt from VAT in a private

school, to ensure they are not at a

commercial disadvantage compared to

a commercial provider which does not

have to charge VAT.

Below is a recap of the rules being

introduced on fees paid towards a term

starting from January.

START DATE

If you have already received fees as

payments towards school terms starting

in 2025, this income may be subject to

VAT. In summary, these are the rules on

receipt of fees relating to terms starting

after 1 January.

• Receipts before 29 July this year will

not be subject to VAT, if the school

accepted this as full settlement for a

term starting after 1 January 2025.

• Between 29 July and 30 October,

VAT will be payable on the later of

1 January or the start of the relevant

term.

• From 30 October onwards, VAT is due

on receipt.

VAT REGISTRATION

Once the school has established whether

it has received payments which are liable

to VAT, it must then confirm when

it needs to register for VAT, as that

determines both whether and when the

VAT is payable to HMRC.

The VAT registration threshold is

£90,000 a year. Schools must therefore

track their turnover to ensure they do

not register for VAT later than required.

For example, if a school expects to

receive more than £90,000 in income

liable to VAT during November, which

relates to terms starting after 1 January,

Jonathan Main

it may have been required to register for

VAT on 1 November this year.

Any schools that do not breach the

£90,000 threshold during November

will almost certainly be required to

register for VAT no later than early

December this year. In December,

schools must track both income received

during the month and bring to account

any income received on or after 29 July

but before 30 October, which relates

to the spring term starting in January

2025. If the total of these two amounts

is expected to exceed £90,000 in the

next 30 days, the school must register

for VAT from the start of that 30-day

period. To provide an example, if the

school terms starts on 7 January 2025,

using these provisions it should register

on 8 December 2024.

THE SCOPE OF THE

CHANGES

VAT will be due on tuition and boarding

fees from 30 October 2024. As a

statement, this is most definitely only

the starting point to determine what is

liable to VAT.

The following points illustrate

the complexity but are far from an

exhaustive list. Schools will need to

decide whether:

• Fees are for tuition or some other

related service.

• They are boarding their pupils or

providing welfare services.

• Other goods and services, such as


VAT

“The VAT registration

threshold is £90,000

a year. Schools must

therefore track their

turnover to ensure they

do not register for VAT

later than required.”

catering, breakfast and after-school

clubs, and transport to and from

school, are separate supplies with their

own VAT liabilities.

• Grants or bursaries are subject to VAT.

If a school is paid to teach and

board its pupils, the income it receives

specifically for those purposes will be

liable to VAT. In reality, income received

by a school covers far more than just

tuition and potentially boarding fees.

If the school charges a single fee for

tuition, together with related services

such as meals and transport, the entire

fee is likely to be subject to VAT.

However, if the school chooses to

offer additional services for a separate

fee, each element may have its own

VAT liability. The way in which those

services are held out for sale will be the

determining factor.

If the school can satisfy itself that it is

offering separate services for an additional

fee, there may well be opportunities

to preserve exemption from VAT. For

example, this would include catering,

breakfast and after-school clubs, and

transport to and from school.

RECOVERY OF VAT

Most schools will make supplies which

are subject to VAT and other supplies

which continue to benefit from VAT

exemption. They will therefore be

partially exempt and require a partial

exemption method to determine their

eligibility to recover VAT. Schools may

well have an entitlement to recover

VAT on costs incurred prior to VAT

registration. The recovery of historical

VAT will depend on the nature of the

expenditure and the useful life of the

assets on hand when the school registers

for VAT.

CONCLUSION

In our experience, every school is

different and will need to review the

rules published by HMRC in detail to

determine its own requirement to pay

VAT, and its entitlement to recover.

Professional expertise will be critical to

help schools navigate a path to be both

compliant and ensure they remain as

competitive and financially viable as

possible.

Jonahan Main is a partner at accountancy

firm MHA.


leadership

Wisdom over youth

Ignore experience at your peril, warns Mike Buchanan

I

recently led some training on how

to be a great coach and mentor

for a group of middle leaders from

an international schools group. The

participants were all eager to learn how

to get the best from the colleagues they

manage or support. The training was

based around practising the skills of

coaching and mentoring, one of which

is to draw on your own experience to ask

probing and challenging questions of the

person you are seeking to support. But

what if your own experience is still so

limited that you have nothing much to

draw on?

This recent experience brought to the

surface once again a concern I have had

for some time, as I observe the struggles

of people quickly promoted into roles,

often well before they have gained

enough knowledge to enable them to

be successful and happy in these roles.

It’s not uncommon to come across these

young people after they have burned

themselves out or failed in the role. It

should not and need not be this way.

In today's ever-evolving professional

landscape, where recruiting able people

into roles in schools is increasingly

difficult, many organisations grapple with

the question of whether to hire young,

eager, inexperienced (and often cheaper)

people or seasoned (more expensive)

professionals with years of experience and

wisdom. Research increasingly points to

the benefits of prioritising experience over

youth and inexperience.

THE MYTH OF YOUTHFUL

INNOVATION

For years, the business world has

championed the notion that youth equals

“Research

increasingly points

to the benefits

of prioritising

experience over youth

and inexperience.”

innovation. Bring to mind the youthful

tech prodigy who disrupts industries and

excites the market. This image, however,

is often misleading. A comprehensive

study conducted at MIT Sloan School

of Management found that the average

age of successful start-up founders is

actually around 45 years old. Contrary to

popular belief, older entrepreneurs, not

fresh graduates, are more likely to build

thriving companies.

Experience brings with it a depth of

knowledge that fosters more realistic,

sustainable innovation. Whereas younger

workers may have ambitious ideas,

experienced employees are often better

equipped to evaluate the feasibility of

these ideas, understand demands, and

anticipate potential roadblocks. Their

broader understanding enables them to

create solutions that are both innovative

and practical.

DECISION-MAKING AND

PROBLEM-SOLVING

When it comes to decision-making,

experience is an invaluable asset. Years

spent navigating the complexities of

organisations and its people provide

experienced leaders with a wealth of

knowledge they can draw upon when

faced with challenges. Research published

in the Journal of Applied Psychology

found that older, more experienced

workers consistently outperform their

younger counterparts in complex

problem-solving tasks. This is largely

because experienced professionals

have encountered a wider range of

problems throughout their careers and

have developed a more sophisticated

understanding of how to approach these

issues. In other words, they are wise to the

issues and challenges, and often possess

a level of emotional intelligence that

comes from years of working in diverse

environments and handling various

workplace dynamics. They are typically

more adept at managing conflict, building

consensus, and creating harmonious team

environments. These interpersonal skills

can directly contribute to organisational

success.

Mike Buchanan

“Experience brings with

it a depth of knowledge

that fosters more

realistic, sustainable

innovation.”

MENTORSHIP AND

KNOWLEDGE TRANSFER

One of the most critical ways experienced

workers add value is through mentorship.

Organisations that embrace diversity

often see the benefits of intergenerational

collaboration, where seasoned employees

share their knowledge and skills with

younger colleagues. Research published

in the Harvard Business Review highlights

that mentorship programmes typically

enhance productivity, employee retention

and job satisfaction, particularly when

younger workers are paired with

experienced mentors.

Having senior employees who can

train and guide younger workers through

change or periods of crises is invaluable.

This transfer of institutional knowledge

ensures that valuable skills and historical

context are passed down.

For example, in schools where indepth

pedagogical knowledge or a

clear understanding of the regulatory

environment is required, seasoned

colleagues are often the bedrock of an


leadership

“Older workers are more

likely to stay with an

employer for a longer

period of time, reducing

turnover and the costs

associated with recruiting

and training new

employees.”

organisation, and provide stability and

vital continuity. They are capable of

providing guidance that is informed by

years of both successes and failures.

RELIABILITY AND

COMMITMENT

In a world where job-hopping has

become more common among younger

workers, experienced employees often

bring a level of commitment and

reliability that younger employees may

not yet have cultivated. According to a

study from the Pew Research Center,

older workers are more likely to stay

with an employer for a longer period of

time, reducing turnover and the costs

associated with recruiting and training

new employees.

This sense of loyalty and dedication is

critical in maintaining a stable workforce.

Experienced employees typically possess

a deeper connection to the organisation’s

goals and values, having invested

significant time and effort into their

careers. In contrast, younger workers may

be more likely to switch jobs frequently

in pursuit of new opportunities and

the desire to climb the greasy pole of

leadership.

THE VALUE OF A

SEASONED PERSPECTIVE

Experience also brings with it a nuanced

understanding of trends, customer

preferences, and industry cycles from

which schools are not immune. A

seasoned professional can recognise

patterns and anticipate shifts, enabling

organisations to make proactive,

informed decisions. This ability to “see

around the corner” is a skill that only

comes with time.

ADAPTABILITY AND

LIFELONG LEARNING

One common misconception is that

experienced workers are less adaptable

or more resistant to change. However,

studies show that older workers are

just as capable of learning new skills

and technologies as their younger

counterparts. Research indicates that

80% of older workers report being open

to learning new technologies, and many

actively seek out training opportunities to

stay current.

In fact, experienced employees often

possess a greater understanding of

the importance of learning, having

witnessed first-hand rapid technological

advancements and changes. Their

adaptability is not diminished by age

but is instead shaped by the reality that

organisations evolve, and staying relevant

means continuous self-improvement.

THE CASE FOR

EXPERIENCE

While there’s no doubt that young,

enthusiastic workers bring valuable

energy and fresh perspectives, the

evidence strongly supports the idea

that experience plays a crucial role in

driving long-term organisational success.

Experienced workers contribute in

unique ways that often go unrecognised

or unvalued: they make informed

decisions, mentor younger employees,

provide stability, and offer insights that

come only from years of exposure.

Experienced workers most often wish

to keep working, especially when they

can also keep growing and evolving.

The idea of ending one’s working life

at a pre-defined age is increasingly

uncommon.

Schools have a golden opportunity

to harness the strengths of older, more

experienced colleagues. Indeed, this may

be one way of addressing the worldwide

shortage of teachers, Rather than pushing

them out or ignoring older applicants for

posts, by valuing and utilising the wisdom

of seasoned professionals, schools and

colleges can create dynamic, innovative,

resilient and fulfilling workplaces.

Ultimately, the most successful schools

will be those that recognise the power of

experience and the value of wisdom, and

blend it with youthful energy. At least,

that is what this wise, old man thinks and

hopes.

Mike Buchanan is founder of

PositivelyLeading.co.uk and the former

executive director of HMC.


special focus | mergers

Why school groups succeed

Amit Mehta, founder and chief executive of Inspired Learning Group,

predicts the future for the independent schools sector

The independent schools sector

faces its most significant challenge

since the removal of assisted places

30 years ago. While this change forced

schools to operate more independently

and competitively, the landscape is now

shifting towards greater collaboration and

consolidation. The introduction of VAT

on school fees will accelerate this trend,

leading to the emergence of more school

groups, both commercial and charitable,

similar to models like Brighton College

and the Mill Hill Foundation Group.

The future of the sector will be built

on the principle of strength in numbers –

schools uniting within larger, supportive

networks. Ten years ago, I founded the

Inspired Learning Group (ILG) with a

clear mission: to breathe new life into

schools. Today, we proudly oversee 26

schools across the UK, and what began

as a sub-brand is now a prominent and

successful unified group.

THE BENEFITS OF GROUP

COLLABORATION

For our staff, the opportunity to network

and share best practices with colleagues

from different schools within the group

is invaluable. Geographic clusters of

schools form, and teachers can benefit

from support, guidance, and professional

development in a continuous and practical

manner. Therefore, our staff, especially

our leaders, are never working alone and

can draw on experiences from the wider

ILG team. This type of collaboration

ensures that children receive the best

possible education in the most inspiring

environments, with staff challenging every

pupil to reach their full potential.

For parents, the reassurance comes from

knowing their children are supported by

a stable and financially secure institution.

And for our children, this collaboration

opens doors and countless opportunities

for their education journey, from nursery

and primary all the way through to senior

school. This phase of growth for groups

signals a stronger and more sustainable

future for children, teachers and families

alike.

PROACTIVE PLANNING IS

CRITICAL IN A CHANGING

LANDSCAPE

Charitable schools have an opportunity

to address these challenges, but they

must act quickly and decisively. Trustees

(governors) must have complete visibility

of their school’s finances and understand

the implications of future scenarios. With

external economic factors like VAT on

fees coming into play, financial diligence is

more important than ever.

Developing realistic financial forecasts

that balance ambition with rationality

is key. Decision-making should be

data-driven and proactive, not reactive.

Schools must adapt quickly to changing

circumstances, and boards need to engage

more frequently to make timely, strategic

decisions. Trustees need to be more actively

involved to enable this to happen. Meeting

once or twice a term may not allow for the

rapid decision-making required in today’s

dynamic environment. Commercial

operators handle these decisions more

Amit Mehta

effectively and their full-time focus on

financial sustainability positions them

well for the future and enables quick and

effective decision-making.

STAYING ALIGNED WITH

VISION AND PURPOSE

A clear vision, a strong set of values,

and unique selling points are crucial for

schools to remain focused and responsive

to challenges. At ILG, we prioritise these

qualities and work closely with each school

to strengthen their capital base. Schools

must also make sound financial decisions,

especially when facing the risk of declining

enrolment or cash flow challenges.

Proactively managing costs, rather than

relying on loans, is essential for long-term

stability.

“The future of the

sector will be built

on the principle of

strength in numbers.”

Yateley Manor Schoolpupils


mergers | special focus

St Felix School

“Developing realistic

financial forecasts that

balance ambition with

rationality is key.”

IS JOINING A COMMERCIAL

GROUP A STRATEGIC

MOVE?

The decision to sell a school is never easy,

but bold, decisive actions are necessary

to safeguard the future of the institution

and its community. There is always the

option to close a school, but this will have

a deep and profound impact on students,

parents, staff and trustees. Boards must

take bold and courageous decisions rather

than let situations spiral out of control.

Any closure will affect not just the school

and its stakeholders but also the broader

community. For example, Saint Felix

School, a part of ILG, is the second-largest

employer in Southwold, Suffolk, and a

vital part of local life.

In situations where we have taken

on financially distressed schools, we

have always sought to maintain their

identity and ethos, while empowering

the leadership team with the tools to

succeed. Our governance structures are

built to ensure continuity, while fostering

a mindset shift towards operational

excellence and efficiency.

We implement a robust governance

structure that includes our senior

leadership team and advisory board, as well

as ongoing links with previous trustees to

ensure continuity. During the transition

to new ownership, we proactively engage

with all stakeholders, including parents,

staff, pupils and suppliers. We conduct

surveys, competitor, market and SWOT

analysis to fully understand the school’s

DNA. This exercise helps formulate a

three-year strategy which we execute

via a balanced scorecard approach with

clear and measurable goals. Additionally,

we train our leaders in ‘Lean Six Sigma’

principles, mapping key processes into

three categories: customer value-added,

business value-added, and non-valueadded

(waste). This helps us focus on what

matters most and eliminates inefficiencies.

At ILG, we conduct thorough market

analysis and stakeholder engagement to

shape our strategies, which can sometimes

include expanding the school’s programme

or offering. For example, we extended our

education offerings at Yateley Manor Prep

School, Surrey, to include GCSEs, directly

addressing community demand and

providing children with continuity in their

education journey.

THE ILG APPROACH

Our approach focuses on achieving

efficiencies through group economies of

scale, centralising services like insurance,

audit, software and procurement,

while maintaining a strong financial

backbone with a robust capex process.

This allows us to operate with greater

financial discipline and agility, while still

prioritising educational excellence. Our

strong financial function includes several

chartered accountants and tax specialists

who continually analyse numbers, develop

financial models, and conduct scenario

planning. We provide all our school heads

with real-time dashboards with bespoke

products for marketing, HR and finance.

Most importantly, embracing a

commercial mindset and approach is

crucial. We prioritise recruiting best-inclass

leaders with a focus on academic

excellence, together with strong

commercial awareness.

Our ILG Heads Academy trains

future leaders in both educational and

commercial disciplines, ensuring our

leaders are prepared for the demands of

today’s changing independent school

sector. Our success lies in creating a

comprehensive feeder network, aligning

nurseries, prep schools and secondary

schools to offer a consistent educational

journey for families. For example, Walton

Montessori, based in Walton-on-Thames,

Surrey, is strategically positioned near our

prep school, Danesfield Manor as a feeder

into its reception class.

SUMMARY

• We must be ready to step outside our

comfort zones, innovate and embrace

new opportunities.

• A commercial mindset is key to driving

long-term success.

• Above all, we remain committed to our

ultimate goal – securing a brighter future

for our children as well as maintaining

integrity in every decision we make.

• Any school that joins ILG can feel

properly supported to move forward to

the future.

• Group strength ensures academic

excellence with commercial

sustainability.

As we continue to grow, we believe the

future of independent schools is one of

strength, resilience and sustainability, built

on collaboration and a shared vision for

excellence.



Tips for a successful sale

Law firm VWV partner Siân Champkin outlines considerations for charitable schools selling

to commercial schools groups

While the sale of independent

schools operated by charities

to those who operate schools

on a commercial basis has always been

present in the sector, we are increasingly

seeing a trend for these types of

transactions.

These projects still most often generally

arise where a school is struggling to remain

competitive and finding the challenges of

the sector too great to continue operating

as a stand-alone school with a charitable

board. These schools may not have the

option of merger with another charitable

school due to geography, financial standing

or other reasons.

However, we have also more recently

found that commercial operators are being

specially chosen as a strategic partner of

choice from those in stronger positions.

We often now see a commercial sale being

discussed and considered alongside charity

mergers on an equal footing, or indeed

as the preferred route to pursue. There

appears to be, among charitable boards, a

recognition that a charity merger may not

represent the best solution for a school,

while joining a commercial group is in the

best interests of the school and the charity

operating it.

Those concerns most often felt by

charitable governing bodies when

considering the strategic option of

remaining an independent/separate

school – risk of closure of the school site

and the ability to weather economic and

demographic challenges – can sometimes

be best mitigated by a transaction with the

“There appears

to be, among

charitable boards,

a recognition that a

charity merger may

not represent the

best solution for a

school.”

commercial world rather than a charity

partner.

But what are the considerations for these

sorts of sales?

Timing is crucial, and it is critical

that decisions are made at the earliest

opportunity to ensure a school has the

widest range of options available to it

and time to implement them. Of course,

circumstances outside the control of a

school can sometimes accelerate action

being required but we would always

encourage these sorts of decisions to be

made from a position of strength not

weakness. This will almost always end in

the best possible outcome for all involved.

Thorough and considered decisionmaking

is, as always, critical for any

board but more so for a charitable one

considering a sale. Ensure decision-making

takes into account all relevant factors,

such as strength and suitability of the

chosen partner, the effect on beneficiaries,

and regard to other reasonable options.

Further, be sure to discount irrelevant

factors, including those of an emotive

nature. Always make sure decisions, at

every stage, are well documented and

record all consideration of factors (even

if they are disregarded). Take advice from

those with the required expertise and

knowledge of transactions of this sort. The

Charity Commission provides excellent

guidance on decision-making and we

would recommend this is understood and

borne in mind throughout.

The most significant difference between

a charity merger and commercial sale

generally is the transaction consideration.

In charity-to-charity mergers no price is

paid as the acquiring charity takes on the

assets and liabilities and continues to use

them for charitable purposes. In a sale to

a commercial operator the buyer needs

to pay fair market value for the assets,

with the principal asset likely to be real

estate. A Charities Act valuation is legally

required to be undertaken on the disposal

of property to a non-charitable party and

this will form an important part of the

considerations in the sale. Undertaking a

valuation early on in the process is critical

“It is critical that

decisions are made

at the earliest

Siân Champkin

opportunity to ensure

a school has the widest

range of options

available.”

but also engagement with the valuer is

required at various stages as it is important

to ensure that the valuer will approve the

deal terms.

Governors will need to assess and

consider what regulatory requirements

there may be on a sale and the required

involvement of the Department for

Education and, in some circumstances, the

Charity Commission. Generally, Charity

Commission consent is not required for

a charity merger nor sale to a commercial

group, but it’s important to understand

if this is required, for example, where

permanent endowment land is to be sold

or the power of sale is not contained in

the constitution. Early assessment of these

matters can ensure a smooth transaction

without undue delay.

Where a school is to be sold and funds

are received by the charity that has sold

it, it is important for those remaining

board members of the legacy charity to

consider how best to use them. Note, it is



“The Charity

Commission provides

excellent guidance on

decision-making.”

usual for a smaller number of the board

to remain post-transaction as the charity

is no longer operating the school. While

the charity will need to settle any liabilities

outstanding, such as bank debt, it is likely

to still hold considerable funds postcompletion.

While it’s not unusual for the

funds to be used to support bursaries at

the school that has been sold, it is critically

important that the board consider the

proper use of those funds. They should

not be supporting the cash flow of a

school now owned by a commercial group,

something that has been criticised in the

past by the Charity Commission.

We have seen in some situations

alternative education charities being

supported with donations by the legacy

charity post-completion. Examples include

the Royal SpringBoard, which works

with state boarding and independent

schools to help them target fully-funded

school places for the young people who

need them most, and with community

organisations and local authorities

to access these effectively. This serves

to protect charities from criticism of

supporting or pursuing non-charitable

purposes.

In summary, we are already experiencing

and further expecting a significant rise

in schools seeing the benefit of being

part of a group, be it commercial or

charitable. Hopefully the above proves as

a useful starting point of what should be

considered by those thinking about taking

this course of action.

“The most significant

difference between

a charity merger

and commercial

sale generally is

the transaction

consideration.”

Ruthin School was a charitable school sold to a commercial group



Size isn’t everything

The story of David and Goliath can guide a small school’s approach to

merging with a larger school, suggest Carolyn Reed and Katie Cardona

At Reed Brand Communication

we regularly work with schools,

helping them with comms

at the time of a merger or takeover.

Small schools can often feel underresourced,

inexperienced or at a strategic

disadvantage when it comes to a merger

or takeover situation. Their future might

seem precarious and uncertain, and the

opportunity of a merger with a larger,

more stable school appears irresistible in

terms of security.

We are all familiar with the story

of David and Goliath. It is a powerful

metaphor that can offer inspiration and

strategic insights for a small school,

probably a prep school, facing the

challenge of being taken over by a larger

school, probably a senior school. In the

Bible story, David, the young shepherd,

defeats the giant warrior Goliath, not by

matching his opponent,s size or strengths,

but by using his unique skills, agility and

resourcefulness. Similarly, a small school

can draw on its advantages and adopt

strategies to navigate the pressures of a

merger or takeover.

Here are our top tips on how to achieve

this

BE CONFIDENT ABOUT

YOUR UNIQUE STRENGTHS

Don’t assume the position of the

underdog. David didn’t beat Goliath

with traditional weapons. He did it with

a slingshot and stones – tools he knew

well and was confident about using

successfully.

“A small school

can draw on its

advantages and

adopt strategies

to navigate the

pressures of a

merger or takeover.”

Carolyn Reed

Likewise, the smaller school should

identify and highlight what makes it

unique. It could be a strong community,

a nurturing environment, faith-based

values or close-knit relationships between

staff, families and pupils. These sorts

of qualities may go under the radar of

the larger school but can be a source

of strength and appeal in merger or

takeover negotiations. Frequently, smaller

prep schools achieve fantastic results

from non-selective entry, with offers

and scholarships to prestigious senior

independent and grammar schools. It’s

often this that has drawn the larger school

to them in the first place, especially when

it’s a senior school talking to a potential

prep feeder so it’s important to remember

the value this holds.

DO YOUR HOMEWORK AND

PLAY THE FIELD

Don’t tie yourself down too soon with the

first offer that comes your way. It may be

that a local school is ultimately the best

option, but cast your net wider at the

outset before you sign a document that

prevents you talking to other schools.

Research the market for groups of schools

and potential investors that might be

interesting to explore and ask the experts

in the independent education associations

for advice on a Chatham House rules

basis. They are having conversations with

schools all the time and have an ear to the

ground on who is looking to partner-up.

Katie Cardona

ESTABLISH THAT YOU

SHARE CORE VALUES

It’s vital that once you do get into

conversation with another school, you

establish that you share similar values and

that these are defined and agreed at the

outset. David stayed true to himself and

his belief in his abilities. Similarly, a small

school should hold onto its core values

and mission, even in the face of a merger

which might seem more like a takeover.

Articulate these values clearly and

consistently, ensuring they remain the

focal point regardless of any structural

changes.

Post-merger, all that is special about

the small school should be maintained

and developed. For a successful merger

or takeover it is these characteristics that

should make the larger school believe

in a good match between the two. The

larger school should demonstrate its

commitment to investing in the school

and to ensuring its continuing success.

Like David, the small school should

focus on its strategy, leverage its strengths

and stay grounded in its identity rather

than trying to compete on the same terms

as the larger school. This approach can be

a source of empowerment for the small

school.

BE CONFIDENT IN YOUR

SKILLS AND EXPERTISE

A small prep school merging with a large



“The smaller school

should identify

and highlight what

makes it unique.”

senior school will bring a wealth of sector

experience to the deal. The larger school

should respect this and allow the prep

to focus on what it does best, in this case

prep education, and learn from this rather

than assume it knows better.

RETAIN INFLUENCE

Learning from each other should also

translate appropriately to representation

on the larger school’s board for an

indefinite length of time, with a dedicated

prep governor committee and regular

meetings, feeding into full governors’ if

there is to be mutual respect. In addition

to board representation, consider other

areas where the small school could lead

initiatives that align with the aims of the

larger school, such as sharing expertise on

transition to senior school.

KEEP DISCUSSIONS AT A

STRATEGIC LEVEL

Be sure that all merger discussions involve

both boards. The chairs of governors must

be included and there has to be support

from both boards and senior leadership

teams in principle at the outset to avoid

wasting time and unnecessary legal

expenses. We have come across merger

projects that were doomed to fail from

the start because the idea for the merger

came from just the chair of governors, or

the head, who stormed ahead without

getting buy-in from the other decisionmakers.

At all costs, identify and avoid

these vanity projects.

A FAIR EXCHANGE

For everyone to feel satisfied they are

getting something useful from the deal it

needs to be clear before the final contracts

are signed what each school is providing

to the other, even if at face value it’s

simply that the larger school is giving the

smaller school extra gravitas. This could be

teaching expertise, shared administrative

functions, the buying power that being

part of a larger organisation brings, use

of buildings or sports facilities. The list is

endless and will be particular to each deal,

but the main point is that the benefits are

reciprocal and outlined in advance.

HAVE A PLAN B

David overcome the odds and triumphed

at his first attempt, but this is not

always the case with school mergers and

takeovers. We have seen deals fall apart at

the very last minute, which is incredibly

disappointing and stressful, especially for

the smaller school.

Even if you are in mid-merger talks

and everything looks positive, maintain

the normal practice of setting strategy

and planning accordingly as if you were

facing the future as an independent,

single school, just in case the outcome is

negative.

Finally, keep the David and Goliath

story in your mind. Our key message is

that when a school merger or takeover

involves a power imbalance the seemingly

weaker side can overcome the odds

through confidence, a strong belief in

themselves and perseverance.

David’s encounter with Goliath, while

an enormous challenge, also brought

him fame and recognition. A successful

merger or takeover with a larger wellknown

school can provide all sorts of

great opportunities, not least of which

is improving awareness and admissions

numbers. Just keep our points of advice in

mind when negotiating and we wish you

luck and success.

Carolyn Reed and Katie Cardona from

Reed Brand Communication are schools

communication and marketing specialists.



Key governance responsibilities

Sam Coutinho reminds governing bodies of their duties

when involved in a merger, acquisition or collaboration

The business environment for

independent schools has been

challenging for a number of

years although not to the extent that we

are experiencing now, with VAT being

applied to school fees from January,

mandatory business rates relief being

abolished from April, TPS employer

contributions increased to just under

30% since April this year, and increased

operating costs from inflation, alongside

persisting geopolitical uncertainties

affecting energy prices.

The cost of running a school and

delivering quality education is rapidly

increasing while other factors such as

the lag effect of the cost of living crisis

and the effect of increased interest

rates on mortgages mean significant

numbers of parents are finding school fees

unaffordable. At the time of writing many

schools are experiencing declining pupil

numbers.

Governing bodies must ensure their

schools are financially viable, and

financially sustainable. Governors must

always act in the best interest of the

school, not take undue risks, and ensure

the continued education of their pupils.

If the school is not financially viable or

sustainable they are not fulfilling their

financial responsibilities and ultimately

not acting in the best interest of the

school. They must find a suitable solution.

That said, permanent closure might be

the only option, although it should be

“Governors must

always act in the

best interest of

the school, not

take undue risk,

and ensure the

continued education

of their pupils.”

a last resort having considered all other

options first.

The decision to consider a merger,

sale or even closure is one of the most

significant strategic decisions a board will

make. Although governors are required to

identify and act early if their school is in

financial difficulty, many boards wait too

long and options become more limited,

timescales shorten and the pressure on

the governors to make the best decision

for the school increases.

The Charity Commission provides

guidance on decision-making in its

publication ‘Decision-making for charity

trustees (CC27)’. The guidance sets out

seven principles of decision-making that

are set out by the courts. This article

uses these principles as a framework for

governors who are making decisions

around mergers, acquisitions and

collaborations.

ACTING WITHIN THEIR

POWERS

Governors must ensure they act within

the powers set out in their constitutional

documents. Some transactions may

require approval from the Charity

Commission and the Department for

Education if there is a material change.

It is important that all governors

understand their responsibilities

regarding restructuring at the start of

the process and it can be helpful for

the school’s legal and financial advisors

to present to the board and answer

questions.

ACT IN GOOD FAITH AND

ONLY IN THE INTERESTS

OF THE SCHOOL

Governors must act in the best interest

of their school. To do this effectively they

need to have a thorough understanding

of how critical the financial situation is

and recognise how the school has arrived

at that point. They must understand

the financial position of their school

including how surplus and deficits are

generated, the assets and liabilities, funds

and debt. They must also understand how

Sam Coutinho

the financial model works and what levers

are available to strengthen the model.

Levers might include the potential to

diversify income, liquid assets that can

generate funds (although selling an

income-generating asset would be unwise

in the longer term) and identifying where

efficiencies in processes can be achieved.

They should also understand what’s

required to make the school financially

viable again and sustainable in the

future. It is important that they also

have a clear understanding of how the

school has arrived at the position it is in.

Only then can they make the decision

whether the school can make changes

and continue to stand alone or whether it

needs to consider joining a group which

can provide financial and non-financial

support.

In addition, and to present their school

well, the governors should be able to

articulate the strengths, weaknesses and

opportunities for the future. Having

knowledge of the school’s position in

the local market if a day school, and the

national and international markets as a

boarding school, is also helpful.

The governors will need to be confident

that it is in the best interest of the school

to explore restructuring opportunities

and also the type of merger, acquisition

or collaboration that would be in the best

interests.



“The governors

will need to be

confident that it is

in the best interest

of the school to

explore restructuring

opportunities.”

DELEGATION AND

DECISION-MAKING

The governing body may wish to set up a

working group and delegate the detailed

work and some decision-making to this

group. The governors must make sure that

they have the power to do this and that

all governors are aware that the board

remains responsible and accountable for

all decisions. Members of the working

group will need the appropriate skills

and experience to negotiate the merger,

and any conflicts of interest need to be

identified and managed. The group will

need terms of reference, which should set

out what types of decisions can be made

and when they need to report to the

governors. There should also be regular

meetings with the board to ensure all

governors are fully briefed and feel able to

make the key decisions as they arise.

MAKE SURE YOU ARE

SUFFICIENTLY INFORMED

Governors must make sure they receive

sufficient information to be able to

make decisions, whether those are

understanding the finances, exploring

or responding to potential mergers and

collaborations, choosing a potential

partner, or deciding on the appropriate

purchase price. There are a range of

decisions that will need to be made,

some more complex than others, and

it’s imperative that governors receive

the right information and advice. For

example, governors must ensure they

are receiving up-to-date financial

information regularly, reporting on

income, expenditure, cash, cash flow

and debt. They also need information

from the admissions team on pupils

joining, leaving and conversion rates.

They need to be asking relevant questions

and ensuring their decision-making is

informed as best as it can be. Termly

accounts may not be sufficient.

Governors are required to consider all

options regarding a merger, acquisition

or collaboration permitted in the

constitution and select the one that will

achieve the best outcomes for the pupils.

They are required to take professional

advice if they need to and therefore

appointing legal, property and financial

advisors is important. It is important to

recognise that professional advice will

be expensive and should be built into

budgets.

A due diligence exercise will help

governors to explore suitability of the

partnership in terms of ethos, values and

aims, finances, profile and reputation,

governance arrangements, employees and

pension liabilities, property ownership

and legal structure. The financial, property

and legal due diligence is often performed

by specialist firms and will identify

risk and opportunity in the potential

restructure. The governors should identify

red lines early as these can be the deal

breakers further down the road after

significant costs have been incurred. It’s

also important that the governors think

broadly and see all the opportunities to

really strengthen their school.

MANAGING CONFLICTS OF

INTEREST

Governors must ensure that their

personal interests or interests of persons

connected to them don’t influence the

decisions being made. Examples of where

conflicts in schools can arise include

parents or alumni who are governors. In

many cases, governors initially find the

concept of selling the school difficult

and almost feel disloyal to the pupils and

parents. Therefore, remembering that the

priority must be to ensure the continued

education of the pupils is imperative.

KEEP RECORDS

Governors must keep an accurate record of

all decisions, which would generally be in

the minutes of the meetings of the board

and the working group. They should be in

sufficient detail and be supported by the

information used to make the decision.

The governors must evidence that they

have fulfilled their responsibilities

regarding considering all options and

choosing the option that they feel is in the

best interest of the school.

Sam Coutinho is director at Sam Coutinho

Consulting.



Effective land disposal

Richard Jones lists the property considerations of a merger, and in particular,

compliance with the Charities Act

Due to the financial challenges

that have been experienced

in recent years, driven by

high inflation and high interest rates,

an increasing number of independent

schools and independent school groups

have considered mergers as part of

tackling such challenges. With the

Labour government removing the VAT

exemption from independent school

fees with effect from 1 January, the

independent school sector has been

put under further pressure, with more

mergers seemingly increasingly likely.

Some larger school groups also see

mergers as a strategic opportunity to

bring in single or smaller schools to

expand the group.

If an independent school or

independent school group is

contemplating a merger, there are of

course a number of legal (and practical)

matters to consider. Many independent

school companies are registered charities,

and so one consideration will be

compliance with the land provisions of

the Charities Act 2011, when entering

into property transactions as part of

the merger. The merged entity may

also subsequently decide that having

consolidated two or more schools, it now

has surplus land, and is in a position to

sell one (or part) of its sites. Compliance

with the Charities Act will also be

relevant in such a transaction.

“With the

exception of leases

for seven years or

less, the trustees

must obtain

and consider a

written report

on the proposed

transaction.”

The overarching intention of the

land provisions of the Charities Act

is to prevent charities from disposing

of (potentially high value) charitable

assets at undervalue, and other misuse of

charitable land. The restrictions which

are imposed on land by the Charities Act,

focus much more heavily on charities

disposing of land, rather than acquiring.

In an arm’s length sale of land to a third

party for value, the charity trustees are

typically expected to obtain advice to

ensure that they are getting the best terms

and price. However, such steps are not

always needed.

COMPLIANCE WITH THE

ACT WHEN MERGING

Where one charitable independent

school is transferring its land to another

charitable entity as part of a merger,

compliance with the Charities Act will

often be achieved through an exemption.

This exemption to the legislative

restrictions and usual hurdles is met

where one charity is transferring land to

another charity for nil or nominal value

and the charitable objects of the two

charities are compatible (for example,

both parties having objects to advance

education for the public benefit). If the

charitable objects are not compatible,

then one option may be for one of the

charities to make an application to the

Charity Commission to amend its objects

in order to facilitate the merger.

If both parties in the merger are

non-charitable, then compliance with

the Charities Act will of course not be

necessary.

It is possible, however, that one of

the entities might be charitable, and

the other non-charitable. In such an

instance, Charities Act compliance will

likely be considered when agreeing how

to structure the merger. If the noncharitable

entity is transferring its land

and assets to the charitable entity then

substantial Charities Act compliance is

not necessary. If, however, it is proposed

that the charity is the party transferring

its land (and school business and other

Richard Jones

assets), then this will need to be a sale

for market value, and it may be necessary

to apply to the Charity Commission

for consent for a number of reasons. In

this scenario, the charity will inevitably

need to continue after the sale, albeit

potentially with slightly redefined

purposes. It is also worth noting that the

charity might not be able to sell its land at

all if it is subject to endowments.

PROPERTY DISPOSALS

POST-MERGER

Following the merger of two independent

schools or groups, after a period of

reflection, the merged school group

may decide that it now owns some

surplus land which it no longer requires.

Whether it is the entirety of one of its

school sites, or part of a site, the school

group could generate income through a

sale or letting of the unwanted land.

Such a disposal of land would likely

involve placing the property on the open

market with an agent, but could also

present a more organic opportunity such

as an independent nursery or community

group agreeing to a lease. Presuming

the post-merger group is a charity, such

disposals of its land will trigger the need

to comply with the land restrictions

of the Charities Act. Any exemptions

are unlikely to apply, meaning that the

charity will need to sell (or let) the land

for market value, and the trustees will

need to obtain written advice in ensuring


“It would be

beneficial to

involve your

chosen designated

advisor as early

as possible in the

marketing and sale

process.”

that they are getting the best terms (and

price) reasonably obtainable for the

disposal.

With the exception of leases for seven

years or less, the trustees must obtain and

consider a written report on the proposed

transaction (which must contain certain

prescribed information on particular

topics) from a designated advisor acting

exclusively for the charity who can be

either:

• A qualified surveyor (defined as a fellow

or professional associate of the Royal

Institution of Chartered Surveyors),

• An agricultural valuer (but specifically

one who is a fellow of the Central

Association of Agricultural Valuers), or

• An estate agent (but specifically

one who is a fellow of the National

Association of Estate Agents, also

known as NAEA Propertymark).

Updates to the Charities Act 2011,

introduced by the Charities Act 2022,

mean that a broader pool of advisors can

be used (previously only surveyors were

permitted), but the reality is that charities

continue to opt to use charity specialist

RICS qualified surveyors as advisors on

most land disposals. There may, however,

be instances where a school is looking to

sell a residential property (for example, a

former caretaker’s house) or green space

where an estate agent or agricultural

valuer could be utilised. Other changes

introduced by the Charities Act 2022

also mean the format of the advisor’s

report is simpler and less prescriptive,

and the advice could be provided by

an employee or trustee of the school

provided that they hold one of the

professional qualifications listed above

and are removed from any decisionmaking

process.

It would be beneficial to involve your

chosen designated advisor as early as

possible in the marketing and sale process,

and you may wish them to engage

with any agents you appoint. While

the advisor’s final version of his or her

report will need to be issued close to the

finalising of legal documents (so it reflects

the final agreed terms of the disposal),

much of what the report advises on

is practical points such as marketing

(when to market, how long for, whether

any improvements should be made to

the property before marketing, etc), so

instructing this advisor sooner rather

than later would be prudent. Another

timing point to be aware of is that the

advisor’s report must be commissioned

and considered by the trustees before

you exchange contracts (if there is to

be a contract), and of course prior to

completion in any event.

Where the school is looking to grant

a lease for seven years or less, the advice

requirements are less stringent. The

trustees should seek advice from someone

who they reasonably believe to have the

“requisite ability and practical experience

to provide them with competent

advice”. This advice might, for example,

be provided by someone internal such

as a finance director or someone with

surveying or valuation expertise, but



again, anyone who provides internal

advice must be excluded from the

decision-making.

While seeking advice is the most

common route of compliance, the school

could alternatively apply to the Charity

Commission for an order. This is likely

to be more time-consuming, but can be

appropriate in the context of a complex

transaction, and the Commission must

be consulted where there is a proposed

disposal to a connected person or there’s

a possible conflict of interests.

“Your surveyor or

chosen advisor will

of course advise

you on the different

types of buyers who

might be interested in

purchasing all or part

of a school site.”

OTHER CONSIDERATIONS

Your surveyor or chosen advisor will of

course advise you on the different types

of buyers who might be interested in

purchasing all or part of a school site, and

the way in which the transaction might be

structured. If the land has development

potential, then a developer might make

an offer that is conditional on obtaining

satisfactory planning permission, or your

agent might negotiate a subsequent uplift

in the sale price if certain conditions

are met (known as overage). Such legal

mechanisms can certainly extract greater

value from the land being sold, but bear

in mind that the process is usually more

complex and can attract a greater risk of

an abortive transaction.

When selling (or letting) part of a

school site, a key consideration is pupil

safeguarding. From a practical point of

view, you will need to consider whether it

is safe to sell the relevant part of the site

that you have identified, and you might

also need to consider who you are selling

the land to and for what purpose it will be

used. Where you are selling part of a site,

you will need to consider access rights and

“You will need to

consider whether it is

safe to sell the relevant

part of the site that

you have identified.”

the buyer’s need to access your retained

land for maintenance and other purposes,

and whether this is all appropriate from a

safeguarding point of view. Where certain

restrictions or stipulations connected to

safeguarding need to be implemented as

part of the sale or lease, these should be

agreed with the buyer so it doesn’t become

a sticking point during the negotiation of

legal documents. Appropriate covenants

to reflect your agreed safeguarding

requirements can then be included in the

legal drafting (for example prohibiting

the use of the property for a particular

purpose).

Richard Jones is a real estate senior

associate at Bates Wells.


finance for heads

Navigate uncertainty

Tracey Young stresses the importance of financial forecasting

and scenario planning

There are significant challenges

ahead for many in the private

education sector. Getting to grips

with, and implementing, the changes

around VAT in such a short period will be

tough enough for your finance teams, but

coupled with that is the uncertainty over

the impact of VAT on pupil numbers

from January and in the years ahead.

Traditionally, most schools have been

able to predict pupil numbers with

reasonable reliability, informed by years

of historical information, with established

entrance and exit points, demographic

and feeder school information, open

day numbers, offer-conversion data etc.

It has always been a bit of an art and

there can be blips (both up and down)

but the significant rise in cost for many

parents is likely to cause changes in

parental behaviour with some forced to

withdraw from the sector completely

and others changing when they chose

to buy. Alongside this, any changes

your competitors make as a result of the

challenges are also likely to be keenly felt.

Forecasting pupil numbers in the future

will be more difficult and less predictable

as the market adjusts. This will make

financial forecasting less reliable and

highlights the importance of considering

various scenarios – as unfortunately they

may become your school’s reality.

Strategic plans are essential. They form

the framework for your scenario planning

and inform your financial forecasts. The

key questions your management team and

governors need to ask yourselves are:

• Where are we now?

• Where do we want to be?

• How are we going to get there?

• What could affect us on the way?

“Traditionally,

most schools have

been able to predict

pupil numbers with

reasonable reliability.”

“Forecasting pupil

numbers in the future

will be more difficult

and less predictable as

the market adjusts.”

As part of the strategic planning

process your school should prepare longterm

budgets and cash flow forecasts

which enable management and governors

to make informed decisions, assess what

is feasible and what changes may need to

be made to achieve your school’s strategic

aims.

Sensitivity analysis is a key part of

the financial modelling process where

the status quo should be challenged

and you consider the various ‘what if ’

scenarios, with assumptions fully stress

tested, and the impact considered. In

light of the current challenges, the key

‘what if ’ scenarios are reductions in pupil

numbers of varying proportions, but your

school may have other vulnerabilities

or alternative plans which need to be

considered.

An important part of this process is

considering what your school would do

if each scenario happens. For example, if

there was a 10% fall in pupil numbers does

this reduction directly impact the surplus

(or deficit) or would and could savings

be achieved elsewhere? It may be savings

cannot be made – what does this mean

for the financial health of your school?

Your school may have sufficient reserves

to manage with lower pupil numbers for

one year, but if this continues in the long

term it may not be financially viable. It

may become clear you have to take action.

Exploring and understanding what you

would do in each scenario enables you

to act quickly, ensuring the financial

sustainability of your school.

The financial forecasting and scenarioplanning

process may indicate that, given

the increased uncertainty, change to your

school’s operating model is required now

to protect it against potential downsides.

Unfortunately, it may also indicate

that your strategic plans are likely to be

unachievable. This allows your school to

revisit and adjust before you embark on a

path that is just not realistic.

Financial forecasts help inform and

then support effective monitoring of the

delivery of your strategic plan. However,

with an uncertain future and an everchanging,

highly competitive market,

you and your school need to be flexible

and react quickly to change. Your school’s

strategic plan and financial forecasts will

need to be evolving documents, which

must be reviewed and updated regularly.

At a time when pressure on schools

continues to grow, with tough choices

to be made by many, long-term financial

forecasts and scenario planning are more

important than ever.

Tracey Young is a partner and head

of education at accountancy firm

haysmacintyre.

Tracey Young

“Sensitivity analysis is a

key part of the financial

modelling process

where the status quo

should be challenged.”


diversity

Create an inclusive environment

Supported by insights from St George’s School, Luxembourg, Victoria Pugh

from the Council of British International Schools offers some tips about building

a diverse staff from the experience of international schools

A

diverse staff can be a powerful

asset in an educational

environment. It enhances pupil

learning and development by fostering

an inclusive atmosphere that reflects

the broad spectrum of diversity present

within our school communities. Research

from the National Education Association

underscores this, stating: “A diverse

teacher workforce helps students feel

more connected to their educators and

encourages positive student engagement,

which can lead to higher academic

achievement.” This connection is key

to creating a supportive and thriving

learning environment for all students.

At the Council of British International

Schools (COBIS), we are committed

to supporting our member schools in

achieving diversity, equity, inclusion,

justice and belonging (DEIJB) within

their staffing bodies. We have recently

updated our standards to ensure that we

are working with schools to promote

DEIJB while remaining sensitive to local

laws and cultural contexts. Through these

updates, we are reinforcing the importance

of creating inclusive school environments

that are culturally aware and supportive of

all community members.

By promoting diversity at every

level – staff recruitment, professional

development, and daily school life

– schools can create a truly inclusive

environment that benefits everyone.

Having a diverse staff enriches the

educational experience for all students

and prepares them for life in a diverse

world.

“A diverse teacher

workforce helps students

feel more connected

to their educators and

encourages positive

student engagement.”

St George’s International School

in Luxembourg, a COBIS member

school, has been proactive in recruiting

and retaining a diverse staff. They

share valuable insights and practical

strategies that any international school

can implement to build a more inclusive

workforce.

RECRUITING A MORE

DIVERSE STAFF –

CHANGING MINDSETS AND

PRACTICES

A key issue for many schools is how

to recruit successfully a more diverse

staff, especially when there’s little

representation from minority groups

within the existing workforce. As Claire

Nuttall, St George’s vice-principal and

headteacher of primary, highlights,

diversity attracts diversity. “We all want

to feel that we belong and to see ourselves

represented within the staffing body,”

she explains. “This sense of belonging

is essential for creating an inclusive and

supportive environment.”

One of the first steps in fostering

diversity is to shift the mindset around

recruitment. Nuttall emphasises the

importance of examining hiring practices.

“We must always hire the best person

for the job,” she says. “However, if our

recruitment consistently favours one

group, it’s time to take a closer look at

whether our practices truly reflect our

values.”

She offers a critical question for school

Claire Nuttall,

Victoria Pugh

leaders: “Why aren’t we receiving quality

applicants from minority groups? Is our

recruitment process excluding certain

people?” To address this, schools must

consider how they advertise roles and

what biases may exist in the recruitment

process.

PRACTICAL TIPS FOR

INCLUSIVE RECRUITMENT

Here are several key strategies to ensure

your recruitment practices are inclusive:

Review your recruitment process –

Look at who you’re trying to hire and

adapt your recruitment methods to reach

a broader audience. Are you limiting

your search to candidates from other

international schools, Russell Group

universities, or native English speakers?

This could be inadvertently narrowing

your options.

Include DEIJB statements – Ensure that

both your school website and job adverts

include a clear DEIJB statement. Make

it visible and co-create it with your staff.

Highlight that you actively seek candidates

from underrepresented groups.

Examine your language – Pay close

attention to the language used in job

adverts. Is it gendered or does it suggest

that one group is prioritised over

another? Neutral and inclusive language

is key to attracting a diverse range of

candidates.


diversity

Ludmilla Pillay

Consider your website – For many

prospective staff members, your website is

the first impression of your school. Does

it reflect your commitment to inclusion

and diversity? Is there a clear and positive

representation of different groups within

your school community?

Ludmilla Pillay, deputy headteacher

of primary at St George’s School, offers

her perspective as someone of Asian

ethnicity searching for jobs: “When I

look for a new role, I carefully examine

school websites – looking at photos,

staff names, and other cues to assess

whether the workplace includes people

like me. If I don’t see diversity, I often feel

discouraged from applying.”

This underscores the importance of

visual representation and messaging in

attracting diverse candidates.

OVERCOMING BIAS IN

RECRUITMENT

Bias, whether conscious or unconscious,

is a significant challenge in recruitment.

One solution that has been discussed

is anonymising certain personal details

in job applications to avoid bias during

shortlisting. Pillay shares her personal

experience: “When filling out job

applications, I frequently question

whether I should include my Indian

middle name or select ‘any other’ under

ethnicity, fearing that revealing my

true identity as an Asian person could

lead to being judged or overlooked for

interviews. This concern isn’t unfounded

– many share this anxiety. I remember a

conversation with a family member who

went so far as to change his first name to

a more British-sounding one to improve

his chances of getting shortlisted. He

even chose a British first name for his son,

with an Asian middle name that wouldn’t

appear on job applications, in the hope of

giving him better opportunities.”

This fear is shared by many individuals

from minority groups. Schools must be

aware of these dynamics and work to

create recruitment processes that are fair

and inclusive.

Nuttall offers another practical tip:

“During the shortlisting process, cast

your net wide. Focus on the qualities you

value most – experience, commitment

to inclusion, or passion for education

– rather than simply where a candidate

went to university.”

Diversity should extend to the

interview panel itself. Having a range of

voices on the panel, particularly from

diverse groups, sends a strong message

about the value the school places on

positive recruitment.

The school’s principal Zeba Clarke

commented: “Diversity is about more

than hiring practices: it’s important to

review all aspects of staff induction and

support, because recruitment is only

the first step. It’s critical to make sure

that the staff body itself is inclusive, that

new staff members are welcomed into

a warm professional community, have

great mentors that reflect the diversity

of the staff and can also help us improve

our practices and processes. It is powerful

when staff arrive at a new school and

see inclusion and respect for diversity

embedded in the fabric of the school.”

CREATING AN INCLUSIVE

SCHOOL CULTURE BEYOND

RECRUITMENT

Once a diverse staff is hired, it’s crucial to

ensure that inclusion is felt throughout the

school, from leadership down to classroom

practices. Schools should ensure that staff

from minority groups are not only hired

but also supported, valued, and provided

with equal opportunities for promotion.

Michael Neumann, DEIJB coordinator

at St George’s, shares his experience

as a gay man working abroad. “My

sexuality plays a significant role in the

opportunities available to me. In each

country where I’ve worked, I’ve had

to research protections for LGBTQ+

Michael Neumann

individuals carefully. I need to know

that both the country and the school

leadership fully support and encourage

LGBTQ+ representation.”

Neuman’s story illustrates the need for

schools to go beyond simply recruiting

diverse staff. Schools must foster an

environment where all staff members,

particularly those from minority groups,

feel safe, supported, and valued for who

they are.

THE EFFECT ON PUPILS

AND THE SCHOOL

COMMUNITY

Diversity in staffing benefits not only the

staff themselves but also the entire school

community. When pupils see themselves

reflected in the adults around them,

whether it’s their teachers, leaders or

support staff, it creates a powerful sense

of connection and belonging.

Parents and community members also

recognise the value of diversity. At St

George’s, parents frequently acknowledge

how the school’s diverse staff positively

affects their children’s learning

experience. The variety of perspectives

brought into the classroom by staff

from different backgrounds enriches the

curriculum and helps students develop a

deeper understanding of the world.

In conclusion, recruiting and retaining

a diverse staff is not just about meeting

quotas or ticking boxes. It’s about creating

an environment where everyone – pupils,

staff, and the wider school community

– can thrive. By embracing diversity,

schools can prepare their students for a

future in an increasingly interconnected

and multicultural world.

Victoria Pugh is assistant director of

accreditation at COBIS.


legal

Schools and sexual harassment

Sally Robertson, a barrister at Cloisters Chambers, provides an overview of a

new statutory duty on employers regarding unwanted conduct of a sexual nature

Since 26 October this year, all

employers, including schools, have

a new statutory duty to address.

The Worker Protection (Amendment

of Equality Act 2010) Act 2023 inserts

a new section 40A in the Equality Act

2010. Under section 40A:

• Employers must take reasonable

steps to prevent sexual harassment

of their employees in the course of

employment.

• Sexual harassment means harassment

of the kind described in section 26(2),

that is, unwanted conduct of a sexual

nature.

The duty is designed to transform

workplace cultures. It requires a proactive

approach, thinking about possible

scenarios and taking reasonable steps

to prevent such sexual harassment

happening. An Acas working group

last December found that even though

the new law does not go far enough,

employers were generally not ready

and would need help preparing for the

change. Transparency in measurement

and reporting was seen as the best way

to escalate and address the challenges

involved in preventing harassment.

Coinciding with the new statutory

duty coming into force, the Equality and

Human Rights Commission (EHRC) has

published its helpful ‘Employer 8-step

guide: Preventing sexual harassment at

work’, in addition to its earlier longer

guide ‘Sexual harassment and harassment

at work: technical guidance’. First

“Transparency in

measurement and

reporting was seen

as the best way to

escalate and address

the challenges

involved in preventing

harassment.”

published in 2020, it has been updated

to address the new duty. Additionally,

the National Education Union published

a toolkit in April 2024 on preventing

sexism and sexual harassment.

The EHRC’s suggested eight-step

approach is to:

1. Develop an effective anti-harassment

policy.

2. Engage staff – through open door

policies, regular one-to-ones, surveys

and exit interviews.

3. Assess risk and take steps to reduce

it. As well as for the core workplace,

assess the risks arising with any external

activities, for example, on games trips

and other school trips.

4. Reporting, including keeping

centralised confidential records of all

concerns raised, whether formal or

informal. This helps identify trends you

might otherwise miss.

5. Training, not just of managers and

senior staff. Consider how to review the

effectiveness of any training, and offer

refresher sessions regularly.

6. Act immediately to resolve any

harassment complaint, taking account

of how the worker wants it resolved

and respecting confidentiality. Always

communicate the outcome to the

complainant in a timely manner.

7. Treat third party harassment just as

seriously as harassment by staff.

8. Monitor and evaluate actions.

On top of these steps, you should think

about how you might most easily show

any tribunal what steps you have taken.

Document and keep an archive updated.

If you password protect materials, ensure

you can access those materials once the

individuals responsible have left the

school.

It cannot be emphasised enough that

all of this requires an anticipatory and

proactive approach, thinking about areas

of potential risk and taking reasonable

steps to prevent or minimise that risk. You

shouldn’t wait for something to happen.

The duty is a continuing one, so should

be revisited regularly to review whether

any further steps might be reasonable.

Sally Robertson

The EHRC emphasises there is no

prescribed minimum on what must be

done. The test is objective. All depends

on context and what is reasonable in the

particular circumstances.

The steps must also address prevention

of sexual harassment of staff by third

parties, including parents and pupils.

The duty applies not just to employees,

but to workers who contract to do

the work personally. In practice, many

peripatetic staff will count as workers.

It depends on the level of integration

into the school’s offer to parents. For

an illustration of the fine dividing lines

between employee, worker and nonworker,

see the ruling, published in 2019,

in the case of Mrs V Scott v Chigwell

School and Mr H Ebden. Although all

claims were rejected, including those

of harassment of a sexual nature, it

represents a real-life practical exercise for

considering what steps might have helped

prevent the issues of potential sexual

harassment both within the school and

on school trips.

With the uncertainty over the dividing

line between worker and someone in

business on their own account (for whom

the school is just another client), it may

be safest to include all regular visitors to

the school in your risk assessment.

Individual workers cannot take action

to enforce the new duty. Only the

Equality and Human Rights Commission


legal

“Although, ultimately,

actually making

a compensation

uplift is in the

tribunal’s discretion,

consideration of

the elements is

mandator y.”

has that power. However, where a

tribunal claim alleges sexual harassment,

employers will still have to address the

new duty in defending the claim and

show that the steps they took to prevent

harassment of their employees were

reasonable ones. That is because a new

section 124A to the Act also requires

tribunals to consider a compensation

uplift of up to 25% of the amount of

compensation awarded under the Act.

Although, ultimately, actually making

a compensation uplift is in the tribunal’s

discretion, consideration of the elements

is mandatory.

If a tribunal orders compensation

in respect of any acts of harassment,

and those acts involve to any extent,

unwanted conduct of a sexual nature,

the tribunal must consider whether

and to what extent the employer has

contravened the duty to take reasonable

steps to prevent harassment of employees.

If satisfied the employer has breached the

duty, the tribunal may order the employer

to pay an uplift. If the tribunal exercises

its discretion to make an uplift, the actual

percentage chosen, or the amount of the

uplift, must reflect the extent to which

the employer has contravened the new

duty to take reasonable steps to prevent

sexual harassment.

As well as dealing with the preventative

duty, on 10 October this year the Labour

government published its Employment

Rights Bill. Announced as a “once in a

generation” overhaul of employment

rights, it will include day-one rights on

protection from unfair dismissal, on

the right to sick pay, maternity pay and

parental leave. Probation periods will be

limited to six months. Much will depend

on the detail, including the timescale

for implementation. In practice, having

geared up to implement the statutory

duty to prevent sexual harassment, it is

suggested schools may find the overhaul

of employment rights somewhat more

straightforward.


information technology

Keep your data secure

Mark Dendy offers guidance for the effective management of IT

and data in independent schools

Your school’s use of IT has

developed at breakneck speed

over the past 20 years. If it hasn’t

then you have an enormous problem, that

you should address immediately, but let’s

assume you’ve been diligent and invested

heavily down the years. Even then you

may have lost touch with what you use

and how you got there, so here’s a quick

reminder of what IT does for you, your

staff, pupils and parents.

A school’s IT services fall into broad

catch-alls of infrastructure, security, data,

business (school administration and

management) and learning. Okay, one

might also add to the list “giving everyone

access to the internet at breaktime”, but

actually it’s fair to say that connectivity

really is a key service now. This leads us to

a design choice that should already have

been made – hosting software services

at school or in ‘the cloud’. In reality, very

little in terms of servers and application/

data hosting should still be happening

at the school. The focus really should

be on users having reliable means to

access software and services in the cloud.

However, this modernity brings with

it some interesting challenges too. But

the trade-off between having enough

bandwidth across multiple providers and

maintaining servers and applications

on the school premises should have

been made years ago on the grounds of

security, resilience and cost. More on that

later.

INFRASTRUCTURE

Let’s start with the most fundamental

piece. This is the underlying structure

upon which your school’s digital world

sits. It’s probably there and humming

“The focus really

should be on users

having reliable means

to access software and

services in the cloud.”

along nicely to the point that you only

notice when it isn’t. The move from

ethernet cables to wireless is a challenge,

particularly in old (and often listed)

buildings with walls that could keep

out cannon shot, but your network and

internet connections are at the heart of

modern schools.

CYBERSECURITY AND

COMPLIANCE

It would be forgivable to think that

network security is about preventing

the clever pupils from hacking the

exam system to give themselves better

grades. Ironically, the ones who could

do this probably don’t actually need

help to get better grades anyway – just

a more interesting challenge. However,

as a school you look after a mountain

of information, the security of which is

governed by all sorts of different laws.

There are strict rules about personal

details, HR information, safeguarding

and so forth, all of which are risked by

lax cybersecurity. Plus, the data itself is

valuable – lost coursework, corrupted

teaching notes and other sorts of damage

that might result from a cyberattack (for

example, a ransomware attack which

encrypts data) can be devastating. A

well-managed, 24/7 monitored cloudbased

arrangement with robust disaster

recovery capabilities gives a better chance

of protecting against attacks and also the

fastest route to restoring everything if

the worst was to happen. Nonetheless,

there are no guarantees, you can only do

your best and if an attack is successful

traditional approaches such as having a

well thought-through incident response

and recovery plan can be as valuable as

good technology in such situations. Your

supplier will be able to show you what the

security and disaster recovery capabilities

of its solutions looks like and how long

it takes. Knowing the school won’t have

to all but close its doors for weeks in the

event of a successful ransomware attack

or malicious virus is a solace of sorts, but

you do have to put the work in to make

sure it’s regularly tested.

“The move from

ethernet cables to

Mark Dendy

wireless is a challenge,

particularly in old

(and often listed)

buildings with walls

that could keep out

cannon shot.”

DATA

Data management can be an ongoing

challenge, especially when your school

has accumulated years of information –

emails, instant messages and files – and

they’re all still stored where they were

last seen. From long-forgotten email

threads and replies, letters, staff contracts,

invoices and more, it’s usually all still

there. While much of this data can be

useful, it’s essential to have a structured

plan for managing it in an organised

way, rather than simply hoarding it

indefinitely.

Some data must be retained for legal

and regulatory reasons, but the rest

should be carefully reviewed and securely

handled. With the cost of data storage

decreasing, it may seem easier to keep

everything, but regular audits and spring

cleans can help you uncover cost savings


information technology

and ensure you’re only retaining what’s

necessary.

Crucially, this is not just about

efficiency – it’s about security. Ensuring

that all critical data is included in your

disaster recovery and data protection

plans is vital. Think of it as an insurance

policy; the time you’re most likely to

worry about having it is when you realise

you don’t.

BUSINESS SYSTEMS

(SCHOOL ADMINISTRATION

AND MANAGEMENT)

Add to that the school’s management

information system, HR systems,

marketing tools, finance solutions and

other applications, you build a world

that’s just as diverse and complex as many

a multinational. And it must all be kept

up to date, secure, licensed and certified

to Department for Education standards.

LEARNING SYSTEMS

By now you should get the idea. Learning

tools and systems often have an online

element or are entirely hosted, so whether

it’s internal or external the school has an

obligation to ensure the safety as well as

the accessibility of its learning resources.

COMMON AND EMERGING

RISKS

Independent schools face a growing

array of information security risks in

today’s increasingly digital world, with

cyberattacks becoming more frequent

and sophisticated. Common threats

include phishing schemes, ransomware

attacks, data breaches, and unauthorised

access to sensitive information such as

student records, staff details and financial

data. With schools now relying on digital

platforms for everything from enrolment

to remote learning, the consequences of

these attacks can be severe.

A successful data breach can lead to

the exposure of personal information,

resulting in identity theft or fraud, and

jeopardising the privacy and safety of

pupils and staff. The reputational damage

from such incidents can be immense,

leading to a loss of trust among parents

and stakeholders, which could in turn

affect enrolment. Schools may also face

significant financial costs, both from the

immediate fallout of an attack and from

potential legal action in the aftermath of

data loss.

Emerging trends such as the increasing

use of artificial intelligence, cloudbased

systems, and connected devices

(commonly known as the internet of

things) are also introducing new security

challenges. While these technologies

offer enhanced efficiency and

opportunities for personalised learning,

they create additional vulnerabilities

if not properly secured. Independent

schools must therefore stay ahead of

these developments by adopting strong

cybersecurity policies, investing in staff

training, and ensuring that their systems

and data are protected with up-to-date

security measures. By doing so, they can

safeguard their digital assets, protect

their communities, and preserve the trust

that is so crucial to their success and

reputation.

CONCLUSION

Wherever your school is on its journey

to modernity, things may be working

just about okay – but is okay enough in

today’s rapidly evolving digital landscape?

Cloud-hosted solutions are widely

recognised as safe and cost-effective, but

they’re just one part of the equation.

Equally important is the management

of information governance and security,

which can often be overlooked by busy

staff juggling many responsibilities.

“Having a well

thought-through

incident response

and recovery

plan can be as

valuable as good

technology.”

Keeping pace with emerging

cybersecurity threats can be challenging,

and it’s here that independent expertise

can make a real difference.

Many schools share common challenges

when it comes to technology and

data security. Engaging independent

consultants who have worked with

other schools can provide reassurance

that potential issues are well understood

and have been resolved before. These

consultants bring insights into how

to address security vulnerabilities and

optimise the use of cloud technologies,

helping schools develop tailored solutions

that ensure data is secure and accessible.

By working with independent

technology partners, schools can

confidently strengthen their cybersecurity

and technology planning without

overstretching internal resources.

This approach allows staff to focus on

education, while experts help you to

ensure that digital assets are safeguarded

and systems are set up to meet the

demands of the future. Investing in

external guidance now can help avoid

unexpected problems later, ultimately

contributing to the smooth running and

long-term success of your school.

Mark Dendy is a senior consultant at

Adapta Consulting.


banking

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Rates correct at 8:00am, 3 October. All products subject to change without notice.


fraud

Merger watch

Law firm VWV partner Siân Champkin reflects on transactions from the

2023/24 academic year to identify trends

As anticipated, 2023/24 was

extremely busy for the education

transactions team at VWV

and across the whole sector. In total,

we advised on 46 independent school

transactions.

While VWV, of course, does not advise

on every independent school transaction,

we do act on a large proportion of them

and thought it might be helpful to share

some of our transaction numbers below

to illustrate wider sector trends.

The numbers show an increase in the

number of active matters which, from

conversations with other advisors, is

certainly being felt across the whole of

the sector. Mergers, or the contemplation

“Discussions regarding

mergers that were

ongoing or had been in

early contemplation are

generally accelerating.”

of them, is on (or should be) every

governing body’s agenda. Discussions

regarding mergers that were ongoing

or had been in early contemplation are

generally accelerating.

The increase in prep schools seeking to

join another school or group, added to

a renewed appetite for mergers by many

senior schools, is further driving merger

activity. Therefore, particularly where a

prep school is in a strong position, we are

seeing competition among senior schools

and/or groups for that school to join

them. In connection with that interest,

we are seeing a more formal tender

processes being undertaken to elicit more

considered and detailed offers.

While a large number of the

transactions noted were charity-tocharity

mergers, which continue to make

up the majority of our work, we also saw a

notable increase in transactions involving

commercial acquisitions or sales by

charities, highlighting the ongoing trend

of greater interaction between different

parts of the sector.

Another interesting trend emerging

is the increasing number of acquisitions

Number of deals Total deals Live Completed Aborted

2021/2022 31 11 19 1

2022/2023 39 24 15 0

2023/2024 46 24 22 0

Deal structure Charity merger Charity For-profit For-profit Other

buying buying buying

for-profit charity for-profit

2021/2022 9 1 5 14 2

2022/2023 13 3 11 6 6

2023/2024 24 5 8 5 4

Target type Independent Day Online Language Children's Other

school nurseries school school home

2021/2022 24 4 1 1 1 0

2022/2023 33 2 1 0 0 3

2023/2024 37 6 0 0 0 3

Siân Champkin

“Where a prep school is

in a strong position, we

are seeing competition

among senior schools

and/or groups for that

school to join them.”

of commercial operations by charitable

independent schools looking to diversify

their income and take a more commercial

approach (illustrated by the ‘target

type’ in the final table). The types of

commercial businesses acquired vary, but

include nurseries, language centres, online

learning providers and outdoor centres

to name just a few, showing a considered

diversification strategy being taken by a

number of schools.

Some of VWV’s recent

transaction highlights:

Ardingly College

Merger with Great Walstead School

St Alban's High School for Girls

Merger with Stormont School

Redmaids’ High School

Merger with GDST


fraud

Stem the tide of fraud

Becci Goodchild summarises the most common types of criminality

in the education sector

Over the past few years, fraud has

become an increasing area of

concern for schools, with threats

coming from both internal and external

sources. The increased sophistication

of cyber and digital fraud, cost of living

pressures and political influences have all

contributed to the rise in fraud attempts.

Historically, as most are charities,

independent schools have considered

themselves immune from sophisticated

fraud attempts. However, recent highprofile

instances, such as the British

Library cyberattack, have challenged this

assumption.

COMMON FRAUD TYPES

Donation fraud – charitable

foundations and development

office

Donation fraud occurs when fraudulent

activities are carried out in the name of

a school or its separate fundraising arm,

to solicit donations from parents, alumni

and other donors. This can include fake

fundraising campaigns, phishing emails

and fraudulent websites that mimic

legitimate charities. Donors are tricked

into giving money to fraudsters, believing

they are supporting a genuine cause. The

increase of financial-based digital fraud

and social media has contributed to this

type of fraud.

Expense fraud

This is one of the most widespread types

of fraud, often involving relatively small

amounts over a period of time, which go

undetected. This can include claiming for

non-existent expenses, personal expenses

disguised as business costs or exaggerating

the cost of legitimate expenses. Expense

fraud can be particularly damaging as

it directly affects the school’s financial

resources.

Procurement fraud

Procurement fraud involves corrupt

practices in the purchasing process. A

recent case in the sector involved a failure

to declare a connection to a company,

where kickbacks were being supplied in

exchange for contracts. Related practices

of bid rigging, where the procurement

process is manipulated to favour a

particular supplier, may also occur.

Payroll fraud

Payroll fraud occurs when employees

manipulate the payroll system for

personal gain. This can include creating

fake employees (ghost employees),

inflating hours worked or unauthorised

salary increases.

Cyber fraud

With the increasing reliance on digital

platforms, cyber fraud has become a

significant threat to charities. This includes

hacking, phishing and ransomware attacks

that target sensitive data and financial

information. Cyber fraud can lead to

substantial financial losses and damage to

the organisation’s reputation, as we have

seen with the outages and disruption in

the British Library attack.

Artificial intelligence fraud

Artificial intelligence fraud in schools

is an ever-evolving risk area and can

relate to the increasing misuse of AI

intelligence tools used by pupils to write

essays, answers exam questions or even

impersonate pupils using false identities

during exams. This makes it extremely

difficult for teachers to have a true and

accurate view of the pupil’s development

and can lead to broader concerns around

academic credentials.

PREVENTING FRAUD IN

THE EDUCATION SECTOR

To protect against these types of fraud,

schools should implement robust

internal controls and foster a culture of

transparency and accountability. Here are

some key approaches to help minimise

the risk and impact of fraud:

• Regular audits: conduct regular

internal audits to detect and prevent

fraudulent activities and identify

areas for improvement in the control

frameworks.

• Training and awareness: educate

Becci Goodchild

staff and volunteers about the signs of

fraud and the importance of reporting

suspicious activities.

• Strong governance: establish clear

policies and procedures for financial

management, procurement and expense

claims.

• Cybersecurity measures: implement

strong cybersecurity practices,

including regular software updates,

secure passwords and employee training

on cyber threats.

• Whistleblower policies: encourage

a culture where employees feel safe to

report fraudulent activities without fear

of retaliation.

• Develop a fraud response plan:

implement a clear action plan for

dealing with fraud, including how

investigations are undertaken.

• Fraud trends: stay up to date with local

and national fraud trends/emerging

risks that are targeting the sector.

Fraud in the education sector can have

devastating effects, not only financially

but also on the trust and support of

parents, staff and other stakeholders.

By understanding the common types

of fraud and implementing effective

prevention strategies, schools can

safeguard their resources and continue to

make a positive impact.

Becci Goodchild is a managing consultant

at audit, tax, and consulting advisor RSM.


debt

A practical approach to arrears

There are some key principles to bear in mind when trying

to secure unpaid fees, states Giles Parry

While removing the VAT

exemption for independent

school fees doesn’t mean all

schools will automatically start charging

20%, it is expected that costs will

inevitably go up. A study by Weatherbys

Private Bank had previously predicted

that under the Labour government’s

plans, the average cost of sending a child

to boarding school will be £688,000 by

2036. This puts more pressure on both

parents and schools – many of whom are

already struggling to meet the bills and

deal with payment issues.

From my experience in giving advice to

organisations across all sectors on debt

collection and payment management, the

issues which are prevalent in independent

schools can be some of the most difficult

to deal with as they are so intertwined

with family life. Taking the decision as a

parent to remove a child from the school

where they are thriving is an incredibly

difficult and emotional one. So much

so that we are seeing parents turning to

expensive loans or money from their own

parents to cover the costs instead.

Regardless of the circumstances,

those tasked with pursuing unpaid

bills in independent schools frequently

encounter the challenging responsibility

of dealing with parents under financial

strain, as well as concerned about their

children’s education and wellbeing.

When assisting schools in recovering

tuition fees, there are a few key principles

to keep in mind from a debt collection

perspective.

1. Upfront communication

Being clear about fees and all the options

available to parents at the outset should

make it easier if any financial issues do

arise. For example, clearly signposting

“Many parents will

try hard to keep their

children in the school.”

any scholarships, grants and means-tested

bursaries which are on offer, and any

other discounts which could be made

available. For example, if a sibling already

attends the school, this could create an

important lifeline for a family suddenly

struggling with their finances.

2. Monthly payment plans

Offering payment plans and being open

to creating a payment plan which suits

a family’s specific circumstances can be

hugely helpful for parents looking to

manage their budget and cash flow, and

equally, ensures the fees are being paid in

a timely manner.

3. Nurturing relationships

It’s at times of crisis that people are most

likely to go quiet, avoid communication

and generally stick their head in the

sand. In my experience, this is especially

common in private school settings,

where parents may experience shame and

embarrassment if their personal financial

difficulties become more public than they

would like. For instance, the inability to

pay might be tied to situations such as

divorce or business failure. This is why

fostering an understanding attitude and

ensuring parents feel psychologically

safe to discuss any financial issues

early-on is often vital in ensuring the

situation doesn’t worsen and is carefully

and sensitively managed, keeping the

school’s valuable reputation intact.

Encouraging parents to engage with

the process earlier can also keep legal

costs down and boost the chances that a

realistic repayment plan can be settled on

quickly. Relationship management and

preservation is vital too – many parents

will try hard to keep their children in the

school and you don’t want to cut any ties.

4. Take a bespoke approach

Considering that most parents who can

afford to send their children to a private

school are high net worth individuals, a

tailored approach to debt collection is

often necessary. Many of these parents

may live abroad, travel frequently, or

“Many parents facing

Giles Parry

the rising cost of school

fees are turning to

their own parents for

financial support.”

have multiple properties and addresses.

Their personal circumstances and sources

of wealth can vary significantly. Recent

reports have also highlighted that many

parents facing the rising cost of school

fees are turning to their own parents for

financial support. Therefore, taking time

to get to know individual circumstances

and creating an appropriate payment plan

can be invaluable. Through this process

you may also wheedle out other issues, for

example, the invoices have been going to

the wrong address.

Debt recovery is always a delicate

matter, regardless of the industry.

However, in the education sector, it

requires a particularly skilled, carefully

managed, and sensitive approach to

ensure that both parents and pupils are

supported throughout the process. This

will be even more relevant in the coming

months as schools gear up for the VAT

change, and all that entails.

Giles Parry is a litigation legal assistant at

law firm Shakespeare Martineau.


legal

Proper conduct

Natalie Sherborn, a partner at law firm Withers, outlines the steps school

leaders should go through when conducting internal investigations

Academic institutions are under

greater scrutiny than ever before.

As a consequence, there has

been a marked increase in the conduct of

internal investigations, caused by either

an external complaint or by an institution

uncovering potential wrongdoing itself.

Increased regulation, a greater focus

on compliance by regulators, together

with the power of all forms of media

(including high-profile social media

campaigns such as Everyone’s Invited and

#MeToo) have proved key factors.

If you are a head teacher or the

designated safeguarding lead, a number

of scenarios could arise where you

are required to conduct an internal

investigation, including parental

complaints, incidents involving pupils

and/or employees, or employee

grievances.

PREPAREDNESS

Allegations of potential wrongdoing at

the more serious end of the spectrum

are likely to be complex and may require

difficult decisions to be made, often

at speed and under pressure. Advance

preparation by way of planning,

allocation of responsibilities, effective

training and clear, consistent policies

will ensure the school can respond

appropriately to a reported incident.

TRIAGE THE ISSUE

The first step will be to identify the issue

that requires investigation and ensure

there is an appropriate triaging system in

place to determine the process and the

appropriate level of support.

• You will need to check whether there

is policy or procedure that applies,

“Ensure that the most

appropriate members

of staff or governors

are involved at the

outset.”

for example a complaints policy,

safeguarding policy or pupil/employee

disciplinary policy. Consider whether

any statutory guidance applies to the

particular circumstances of the matter.

• Once the correct process has been

determined, consider whether the

member of staff asked to investigate has

the delegated power, authority and skill

set to undertake the process.

• Ensure that the most appropriate

members of staff or governors are

involved at the outset. Consider which

members of staff would be involved

if the decision is disputed, appealed,

or the matter is escalated, including

the involvement of external parties or

agencies. If it’s possible that a governorreview

(or similar) will be needed later

in the process, it may be sensible to

keep some governors ‘out of the loop’,

so they can review with a degree of

independence from the initial exercise.

• Where the allegation is at the more

serious end of the spectrum, it may

be appropriate to consider engaging

external support to assist with setting

the scope of the investigation, the

conduct of the investigation, reporting

on the findings and any potential

disciplinary processes that may arise

in respect of employees. A blended

approach of internal and external

resources may ensure the necessary

independence, objectivity and

experience, to protect the integrity of

any further process that may follow

and ensure that the final decision can

withstand potential future challenge.

• Consider whether there are any

specific issues that may need to

be accommodated, such as special

educational needs or disabilities or

language capabilities that require

adjustments or the involvement of

specialist support.

• Consider whether it is appropriate

or necessary to engage with third

party agencies such as local authority

children’s social care, local authority

designated officer for safeguarding, or

the police at the outset.

Natalie Sherborn

• Address any immediate safeguarding

issues that may arise. Where an

allegation involves child-on-child

activity, consideration should be

given to what arrangements may be

necessary to minimise disruption to

the complainant and to the alleged

perpetrator while the facts are

established.

CONDUCT OF THE

INVESTIGATION

You must ensure that the steps taken in

the conduct of an internal investigation

don’t compromise any subsequent

processes that may follow or give rise

to unintended claims such as unfair

dismissal or breach of a duty of care.

It’s important to prepare an

investigation plan to set the scope of the

investigation and identify what will be

included in or excluded from the process,

the resources needed, the suggested

methodology for the investigator and

the anticipated timeframe. Defining and

documenting a clear scope of work and

identifying the risk areas will ensure that

appropriate action is taken and provides a

useful road map. It should be kept under

regular review as the process evolves. This

will also be helpful to refer back to, in the

event that the investigation is challenged

as not having followed due process.

Decisions and communication, both

internal and external, should be clear


legal

“You must ensure

that the steps taken

in the conduct of an

internal investigation

don’t compromise

any subsequent

processes.”

and documented in writing so that there

is a paper trail of the decision-making

process and how the matter has been

handled. Notes should be kept of all

meetings and conversations that relate

to the investigation process. Again, these

records will be crucial in the event of

subsequent challenge.

OBTAINING EVIDENCE

The investigator’s main role will be to

obtain all of the relevant evidence and

establish the facts so that a decision can

be made. Creating a chronology may be

helpful to piece together the evidence

and reveal gaps in the evidence assembled

or demonstrate where evidence is

corroborative.

Relevant evidence may come in a

number of forms including hard copy

documents or electronic evidence from

databases, email mailboxes, document

files, mobile telephone content, online or

social media content, voice recordings,

CCTV etc.

In certain circumstances, the

investigator will need to consider

whether it is necessary and permissible

to confiscate devices in order to preserve

relevant evidence for potential inspection.

Document preservation notices may be

required, as well as practical measures to

prevent relevant material being destroyed

or deleted.

Inevitably in most investigations, witness

evidence forms the most crucial part of

the fact-finding process. It is also the stage

where internal investigations are most

frequently compromised; investigators

must take great care when interviewing

staff or witnesses. The investigator must

obtain a fulsome and accurate account of

what happened, and for this it is essential

to have a properly structured interview,

planned for in advance. Interviewers

should avoid asking leading questions or

multiple questions at the same time and

should not introduce information that

is not already known to the interviewee.

Interviewers should always avoid negative

behaviours such as showing anger, disgust,

judgement and coercion.

It’s increasingly common in schools

to have to deal with a request for

anonymity or confidentiality. All school

investigations should be treated as

confidential processes (subject to any

legal or regulatory obligations to report

issues). Confidentiality means that the

identity and facts of the allegation and

investigation will be kept to a ‘need to

know’ basis.

Anonymity means that the identity

of the complainant and/or supporting

witnesses are not revealed to those

participating in the process, which can

include the accused. It would rarely be

appropriate to withhold the identity of

a complainant as this can have serious

implications for the fairness of the

process.

DOCUMENTING THE

FINDINGS

The investigator should prepare an

investigation report summarising

the evidence collated, presenting the

facts and making recommendations

to the decision-maker. In workplace

investigations, it may be appropriate

to provide a copy of the report to the

employee so that he or she has a chance

to respond prior to a final decision being

made.

Producing a report can also be a helpful

step in the process in order to record the

evidence considered, reasoning, reference

to the relevant policies, any extenuating

circumstances or mitigating factors and,

of course, the final decision. Be aware

that any documentation could potentially

be disclosable either in future internal

processes, external proceedings or in the

event of a data subject access request.

CONCLUDING THE

PROCESS

A decision letter will conclude the process

and inform the affected parties of the

outcome of the investigation. Depending

on the process, there may be some

compulsory elements to include. If others

are involved, consider who else will need to

be provided with a copy of the letter and/

or a summary of the decision reached.

FOLLOW-UP ACTION

Resulting action points may include

disciplinary sanctions for pupils, staff

disciplinary process if there has been

a breach of the staff code of conduct,

reporting to the head and/or the chair

of governors, and potentially external

reporting to law enforcement or

regulators.

Keeping a good and careful record is

key. The school’s data retention policy

should indicate how long documents will

need to be retained for. The requirement

in the General Data Protection

Regulation is that personal data should

be kept for no longer than is necessary for

the purpose(s) for which it is processed.

In some instances, there are strict legal

requirements regarding how long

particular documents must be kept. In

other instances, there are no express legal

requirements and you should exercise

your own judgment in determining what

is necessary.

An internal investigation should

obtain all of the relevant evidence and

establish the facts so that an informed,

reasoned decision can be made. It is

essential that investigations are conducted

with independence and objectivity. The

process will often require a difficult

balancing exercise between the interests

of the complainant and any alleged

perpetrator. Keep in mind that the

process will be stressful for all of the

parties involved; careful planning and

execution will ensure a fair and robust

process.

“The investigator’s

main role will be

to obtain all of the

relevant evidence and

establish the facts.”


pensions

Time to retire your scheme?

Rising costs for teacher’s pension schemes have led to changes being

considered by schools, say Hannah English and Sue Waites

Independent schools are facing a

number of financial challenges.

Teachers’ Pension Scheme (TPS)

and Scottish Teacher’s Pensions Scheme

(STPS) costs increased from April this

year by around 20% for TPS and around

11% for STPS. Higher contributions,

the impending VAT hit on fees, and any

possible hidden surprises from the new

Labour government, mean that financial

pressure on independent schools is

building.

IS IT TIME TO CONSIDER

YOUR OPTIONS?

Latest statistics suggest that as at the end

of May this year, 363 independent schools

across England and Wales had withdrawn

from the TPS (since August 2019). A

further 201 independent schools have

applied to become phased withdrawal

schools since September 2021.

From our experience, we have found

that many schools are considering their

options or are currently in a consultation

process. Below, we briefly consider what

options schools have.

First, schools can manage the risk of

further cost increases. We have now

seen a succession of increases in the

contributions schools are required to

make to the (S)TPS. The latest increases

saw TPS employer costs increase from

23.68% to 28.68% in April this year

(a 20% proportionate rise) and STPS

costs increased from 23% to 26% (a

proportionate 11% rise). Benefits being

earned by teachers are unchanged. So,

schools are paying more money for their

teachers to earn the same benefits. There

is a risk of further cost increases in the

future. Schools should therefore assess

“Schools are

paying more

money for their

teachers to earn the

same benefits.”

Hannah English

whether remaining in (S)TPS continues

to represent good value for money.

Another option is to minimise the

financial impact of VAT on fees. Many

schools are looking at cost savings as

part of their strategy to minimise the fee

increases needed to balance the books.

Pension contributions are a material cost

that schools can control. It therefore

makes sense to consider a change in

pension strategy as part of the solution.

Recruitment and retention impact is now

lower – in our experience the risk of being

an early mover has disappeared.

WHAT ARE THE

ALTERNATIVE PENSIONS

OPTIONS FOR TEACHERS?

There are a range of solutions available

to help manage (S)TPS cost increases.

One pathway is to move all teachers to a

defined contribution (DC) scheme. This

solution gives the most cost certainty, but

generally imposes a change on teachers.

Options are available with this solution

though to give teachers choice, such as

swapping pension contributions for salary

or other rewards.

Another option is what we call total

reward solution. Under this solution,

teachers are given the choice of opting

out of (S)TPS into a DC scheme or

staying in (S)TPS with a reduction in

pay to fund the additional costs. This

Sue Waites

approach does give teachers choice, but

may not be a sustainable solution for

the long term if (S)TPS costs continue

to rise. Schools should also consider the

additional administration required to run

a total reward solution and what support

they would need to provide to enable staff

to make an informed choice.

Finally, there is a mixed economy

solution. This option allows schools to

keep current hires in (S)TPS, but makes

alternative pension arrangements for

new hires. This doesn’t disturb pension

benefits for current teachers, and

gradually addresses the increased costs in

(S)TPS. However, the cost savings will

only come through over a long timeframe,

particularly if staff turnover is low.

We have worked with a number of

independent schools that are navigating

these three options above – many of

whom have combined total reward

solution and a mixed economy solution.

HOW TO RUN A

SUCCESSFUL

CONSULTATION PROCESS

If you decide to develop a proposal

for changing your current pension

arrangements, it’s crucial to get the

proposal and the accompanying

consultation process right. These are the

key areas to get right in a consultation

process:


pensions

A compelling business case – your

teachers will understand the need for

change if the business case is compelling.

So, for example, the cost increases may be

unaffordable, and this change is required

to protect the longer-term sustainability

of the school and ultimately jobs.

A decent replacement offer –

maintaining the school ̓s spend enables

the message to be about stabilising cost

rather than reducing cost. Offering DC

rates similar to (S)TPS rates before the

most recent increase gives an employer

contribution rate that remains very

“Pension contributions

are a material cost that

schools can control.”

competitive relative to broader UK

pension contribution levels, and in many

cases will provide a reasonable retirement

income based on modelling we have

completed.

A genuine consultation process –

your consultation process needs to be

genuine, open and bring teachers with

you. It needs to avoid being perceived

as a ‘done deal’. Listen to teachers, and

representatives, during the consultation

process and consider if your proposal can

be revised in some areas to address any of

their feedback.

A FINAL WORD

Changing someone’s retirement income

can be stressful and a cause for concern.

It is because of this that the final of these

points is the most crucial – schools

must listen to their teachers and ensure

“Your consultation

process needs to be

genuine, open and bring

teachers with you.”

they are part of any pension scheme

reconsideration. While financial pressure

on schools continues to grow, it’s crucial

that those who have built a career through

helping, inspiring and teaching the nation’s

children are supported after they leave the

classroom for the final time.

Hannah English is head of defined

contribution corporate consulting and Sue

Waites is a partner at financial advisor

Hymans Robertson.


legal

Family feud

David Thompson, a partner in the family team at law firm Seddons, discusses

the issue of a school’s choices when pupils have divorced or separated parents

For parents who decide that a private

education is the best route for their

child, choosing which school is

the best fit for them is a difficult enough

decision without the added stress and

worry of the costs, fees, and whether their

child will make the cut. The introduction

of VAT on school fees by the new Labour

government will not make this process

any easier, and will only further add to

the significant pressure felt by parents.

Imagine, then, how much harder this

process becomes if you’re going through,

or have recently gone through, a divorce,

which is such a difficult and stressful time

in any event. Suddenly, other factors and

questions come into play: are private

school fees going to be affordable? Is this

an appropriate expenditure given the

further calls on the family finances when

setting up two households? Do I want to

send my children to a fee-paying school

if there’s a significant risk that I’ll have to

move them to the state system in the near

future?

This is also going to be a very difficult

time for the child, who will need to adapt

to the new realities at home at the same

time as starting a new school. An already

worrying and nerve-racking time for

any child just became that much more

overwhelming.

On the other side, is the school itself:

its leadership and decision-makers

need to be prepared for how to deal

with current or potential new pupils

coming from divorced households.

The initial interface between parents

and teachers is usually at an open event

where the parents will attend to gather

information about the various schools

they are considering for their child.

Broadly speaking, parents must be in

agreement about which school their child

is to attend. The school must only take a

pupil if it’s clear that both parents have

consented to this.

In some, although thankfully not

many, instances, one of the parents

will have sought, and been granted, an

order whereby they have sole parental

responsibility, or at least an order stating

that they alone are to choose the right

school for the benefit of their child. In

these sensitive situations, schools are

within their rights to ask for a copy of

the order, redacted if necessary to remove

any other issues contained within the

document, to satisfy themselves that

only the one parent is able to make this

decision. Such orders are made when

parents are unable, even after mediation

or other informal discussions, to make a

decision between themselves about the

right school for their child.

Additionally, such an order

may be made when one parent is

acting particularly and persistently

unreasonably, or is displaying threatening

or abusive behaviour. Court orders

provide the clarity needed, both for the

parent who wishes to make the final

David Thompson

decision about schooling for the child,

and for the schools themselves so they

can be provided with evidence that one

parent can make the decision.

Unfortunately, where the (divorced,

separating or otherwise) parents are

not in agreement about the choice of

schooling, and until there is such an order

in place and clarity has been provided

in this way, the schools cannot enrol a

child upon the basis of just one of the

parent’s say-so. The school would have to

satisfy itself that it is able to take the child

being enrolled by one parent. Unless it

“Cases come up on

an almost-daily basis

between warring

spouses about whose

task it is to pick up

the children.”


legal

has clear and written confirmation from

one parent that they are content for the

other to make the choices by themselves

then it’s hard to envisage a situation

whereby a school would be able to take

a child from one consenting parent in

the teeth of opposition from the other

dissenting parent. Schools should just

distance themselves from these situations

until the parents themselves have resolved

them, either through court or resolution

between them.

Schools need also to be mindful,

when dealing with separating parents,

about into whose care they release the

children at the end of the school day.

Cases come up on an almost-daily basis

between warring spouses about whose

task it is to pick up the children and on

what particular day. Quite apart from

the need for a stable routine, so that the

“It would certainly

be good planning to

ensure that the school

database has details

of both parents on its

system.”

children are able to be sure about which

parent is collecting them on which day

of the week, schools can get themselves

into a tangle if they release the child

to the wrong parent on the wrong day

because that parent has turned up at

the gates unannounced, before the right

parent has managed to get there, and the

child is sent home with the wrong one.

Schools can only do their best here, and

so long as each of the parents has parental

responsibility (and they almost always

will) then the schools are entitled to

release the child to either parent.

Should one of the parents seek, and is

granted, a court order limiting the access

of the other parent to the child specified

in the order, then the parent with the

order needs to make sure that the school

is provided with a copy of the order. The

relevant passages concerning any hometime

pick-up issues must be shared with

the school, which must ensure that it

understands the meaning and contents

of the order. It is down to the parent

with the order to provide the school

with any updated orders or changes to

the arrangements as and when they arise.

It would certainly be good planning to

ensure that the school database has details

of both parents on its system for parents’

evenings, reports and the like, so it cannot

be accused of being ‘in league’ with the

parent with the order.

Setting aside those difficult cases,

generally it would be prudent for the

schools to start from the position that

both parents need to provide their

written consent to a child attending any

particular school: this will be the usual

position in the vast majority of cases.

Concerning the source of the funds

that will be used to meet the payment

of the fees, parents will agree either that

the child should attend state or private

school, and in the case of the latter, make

the appropriate budgetary decisions (if

affordable) to ensure that the fees will

be met as and when they fall due. The

source of the funds may be general savings

built up during the marriage, regular

commitments being met by the main

earner in the relationship, or perhaps it

may be grandparents meeting the fees and

often this can be through a trust fund set

up to benefit grandchildren.

There is no issue at all from the school

accepting funds from a trust fund so long

as the source of the funds has been made

to clear, having made reasonable enquiries

itself, and that the parents – who are its

clients, after all – have provided written

confirmation about where the funds are

coming from and that they are happy

for these funds to be provided on their

behalf.


property

Valuations in the VAT era

How can you leverage your school’s most valuable asset? asks Ian Mollon,

director at property consultant Aitchison & Rafferty

As January and the introduction

of VAT on independent school

fees looms, the sector is bracing

itself for heightened financial pressures.

For school owners, bursars and leaders,

this new operating environment requires

a strategic approach, particularly in how

schools assess and leverage their most

valuable assets – property.

This article considers the importance

of accurate property valuations, as many

schools look for their best route to

financial health in the coming VAT era.

For most independent schools looking

at ways to mitigate the effect of VAT,

their options fall into two categories:

maintaining revenue by ensuring their

school continues to be appealing and

valuable to parents who will carry the

burden of additional costs on their fees;

or possibly streamlining operations to

maintain the bottom line – often in

the form of consolidation (mergers and

acquisitions).

INCREASING REVENUES:

PROPERTY DEVELOPMENT,

VAT RECLAIM, AND

REPURPOSING

One unexpected benefit of the

introduction of VAT on school fees

is that schools, now classified as VATregistered

businesses, will have the ability

to reclaim VAT on capital projects such

as refurbishments or the construction

of new facilities. Previously, schools

were unable to reclaim VAT on such

expenses, meaning they faced higher

costs for maintaining and developing

their properties. This shift in VAT status

“Schools, now

classified as VATregistered

businesses,

will have the ability

to reclaim VAT on

capital projects.”

now opens up new opportunities for

schools to invest in their campuses at a

reduced net cost. This capital investment

will in some cases increase the value of

their portfolio, especially if it leads to

additional capacity (revenue) for pupils.

Schools considering upgrades to

their sports facilities, science labs, or

boarding houses may now be able to

reduce the total cost of these projects by

reclaiming VAT. This could encourage

schools to pursue property development

projects that might have previously been

financially prohibitive, helping them

to remain competitive and attract new

pupils, despite the rising cost of fees.

In addition to new development,

property valuations can guide schools

in exploring options for repurposing

or selling parts of their campus to

generate additional income. Schools

with underutilised land or facilities may

find value in leasing their property for

commercial use, such as corporate events

or community activities, or even selling

unused land for residential development.

This approach allows schools to continue

operating while generating revenue from

their real estate, providing a financial

buffer against the challenges posed by

VAT.

Schools could also explore creative

partnerships with other institutions

or businesses to share the cost of

maintaining their properties. Such

collaborations are even more attractive

now that schools can reclaim VAT on

joint capital expenditures, making shared

development projects more financially

viable. Property valuations will be

critical in determining the value of these

opportunities and assessing how they fit

into the school’s overall financial strategy

especially where a purchase is considered

between the parties.

AN ALTERNATIVE

PATH TO FINANCIAL

HEALTH: MERGERS AND

ACQUISITIONS

While any change in ownership is a

huge decision for any school, it cannot

“This shift in VAT

status now opens up

new opportunities

for schools to invest

in their campuses at a

reduced net cost.”

Ian Mollon

be ignored that, in this era of additional

financial pressures, mergers and

acquisitions offer a realistic and attractive

way for schools to consolidate resources,

streamline operations, and leverage

shared services and assets.

When independent schools look to

mergers or acquisitions, the value of their

property holdings is a key consideration.

Real estate often represents the most

substantial asset in these transactions,

making accurate valuations essential to

the negotiation process. Schools with

accurately valued property portfolios can

use this knowledge to their advantage in

negotiations, while those facing financial

difficulty, but holding valuable real estate,

can use it to secure better terms or to

offset any liabilities.

An expert valuation will assess a broad

range of factors, including the location,

condition and potential alternative use

of a property. In some cases, property

may have significant value if it can be

repurposed for commercial or residential


property

“Schools with

underutilised land

or facilities may

find value in leasing

their property for

commercial use.”

use, should the school no longer occupy

it. However, schools must also consider

potential planning restrictions or listed

building statuses, which may limit the

property’s redevelopment possibilities.

The cost of maintaining historic or

large properties must be factored into

any M&A discussion. While a property

may have high market value, ongoing

upkeep or refurbishment needs could

pose a significant financial strain,

which potential partners must consider.

Accurate valuations ensure that schools

have a realistic understanding of the

financial implications of maintaining,

selling, or merging property assets.

SCHOOL BUILDINGS: AN

EMOTIONALLY CHARGED

ASSET?

Mergers and acquisitions always carry

inherent risks, particularly in the

emotionally charged environment of

education, where campuses and beloved

buildings often form a central part of

a school’s history and identity. The

decision to merge or sell assets can be met

with resistance from staff, students and

alumni, and for all sorts of reasons – some

practical, some not.

Accurate property valuations provide

school leaders with an objective basis

for decision-making. This ensures that

discussions around property are grounded

in financial reality, rather than sentiment.

The introduction of VAT on

independent school fees presents

significant financial challenges for UK

independent schools, but it also offers

new opportunities for strategic property

management. As schools face increasing

financial pressure, property valuations

will play a central role in determining

their future direction.

“Mergers and

acquisitions offer a

realistic and attractive

way for schools to

consolidate resources.”


recruitment

New ideas for staff retention

Baljinder Kuller considers how independent schools can tackle long-term

recruitment and retention issues

We are approaching a critical

juncture in education where

schools are arguably at a

crossroads in terms of talent attraction

and retention. Without a greater supply

of new teachers, and better retention of

existing staff, independent schools will

struggle to maintain the high standards of

education that they have become known

for. But how can we tackle the ongoing

skills challenges for these schools in the

long term?

The new government’s ambitious plans

to recruit 6,500 new teachers made

the headlines recently as a potential

solution to the skills crisis. However,

as most of those operating within the

sector recognise, even if these targets

are met, the majority of schools will

not see a significant impact. Currently,

there are around 27,000 schools in the

UK (excluding nurseries), of which

2,366 are independent institutions. The

existing proposals would therefore mean

roughly one in four schools would benefit

from a single new staff member. While

independent schools have often been

perceived as more insulated from these

issues, they are now facing their own

significant staffing-related pressures.

Additionally, the plans don’t account

for those leaving the profession each

year. This isn’t a new phenomenon. Over

the past decade, recruitment shortfalls,

combined with retention issues, have

increased the teacher shortfall by around

1,000 teachers a year. Across all levels,

“Department for

Education data

suggests that

around 40,000

people leave every

year, approximately

9% of the total

workforce.”

Department for Education data suggests

that around 40,000 people leave every

year, approximately 9% of the total

workforce.

This isn’t sustainable, even accounting

for potentially smaller intakes in

approaching years. The number of

children in the UK might be anticipated

to fall by around 1.5 million by 2040,

but class sizes are expected to peak later

this decade. With the gap in supply and

demand for teachers growing while classes

increase, solutions clearly need to be

identified quickly.

Increased recruitment is, of course,

needed, but the core issue to tackle first is

retention, to ensure future hiring doesn’t

go to waste. The proportion of new

starters leaving education has significantly

increased in recent years, with nearly a

third leaving within the first five years of

qualifying.

The reasons professionals want to exit

the education sector vary and naturally

depend on individual circumstances.

However, there are some core issues

driving many teachers away. Retirement

is obviously one, but this, and factors

related to pay, are unlikely to be rectified

without intervention at a higher level.

One of the driving factors behind

these worrying numbers are the major

workloads teachers are faced with. Larger

class sizes don’t just impact pupils, and

along with increased administrative

burdens, eat into free time. According to

a study of more than 4,300 specialists,

just 18% of independent teachers felt that

their workload is manageable and the

average professional now works around

50 hours a week, 12 more than the

OECD average. Many are clearly being

pushed to their limits, and with more

colleagues looking to leave, the strain is

only likely to increase.

Bolstering mental wellbeing for

teachers goes beyond tackling the

workload issue. We have all seen headlines

around the effect of Ofsted inspections,

for example, and schools across the board

must look to invest in supporting their

staff. According to research from the

Baljinder Kuller

Independent Schools Risk Barometer

2024, many institutions are facing a rise

in staff mental health issues. Half of the

independent schools surveyed have seen

an increase in teacher anxiety (48%) and

stress (47%) during the past 12 months.

Two in five (40%) have also reported an

uptick in teacher depression. Teachers are

twice as likely as the general population

to suffer from depression and anxiety,

and it’s clear that these issues are pushing

many people away. Training also needs

to adapt to allow for a greater focus on

tackling mental health challenges and

providing teachers with more practical

tools and strategies could ease the

transition into their roles and improve

retention rates.

Flexible working has gained significant

attention in recent years as a potential

solution to improving teacher retention,

yet few schools have fully embraced or

implemented these ideas. By reassessing

current staffing structures, schools could

introduce four-day work weeks for

some teachers, supported by ‘floating’

educators who rotate across year

groups to ensure continuity for pupils.

However, with predictions of 10,000

fewer pupils enrolling in independent

schools, implementing such initiatives

may become more challenging in practice,

as reduced pupil numbers could affect

budgets and limit the flexibility schools

can offer. Despite this, creative solutions


recruitment

to balance work and home life remain

crucial to reducing staff attrition.

Some rather unusual ideas have also

been proposed – like offering longer lieins,

or a nine-day fortnight – but there are

more realistic measures available as well.

Salary increases are likely to be off the

table for most, particularly with financial

challenges growing, as independent

schools face national insurance increases.

However, offering a designated retention

bonus could help retain more teachers

and keep them motivated in their crucial

early years.

Professional development is also a core

issue. One of the factors driving so many

new professionals to leave within their

first years in the industry is that a large

proportion feel unsupported in their

roles. Everyone is working at capacity

“The proportion

of new starters

leaving education has

significantly increased

in recent years.”

and inadequate mentorship and a lack of

resources make the opportunity to learn

from others almost impossible. Equally,

development opportunities for education

professionals need a wholesale rethink,

and must also allow for supply teachers

to be included. Particularly when new

Department for Education figures show

that use of these specialists has increased

by 58% since the pandemic.

Getting professionals through their first

years in teaching needs to be prioritised,

and enhanced induction programmes

that pair new teachers with experienced

mentors can make the transition

smoother. Currently, initial training

courses focus primarily on theory, with

relatively limited practical experience.

More regular check-ins, workshops and

training opportunities should all be

offered in higher volumes. This not only

enables professionals to keep their skills

as sharp as possible, but also to keep up

to date with new platforms that could

support their roles.

Ultimately, a multifaceted approach

needs to be taken to tackle the retention

issues in education. We must reverse

the statistics that show thousands of

teachers leave the profession every year,

“According to a study

of more than 4,300

specialists, just 18% of

independent teachers

felt that their workload

is manageable.”

and independent schools are arguably

in the best place to lead the charge on

this. They are often in a unique position

to contribute to innovative policies that

prioritise teacher wellbeing and provide

greater flexibility around working

hours. However, in order to support

the education sector as a whole, we

cannot lose sight of the fact that effective

collaboration between independent

schools, the government and state

institutions is critical. A united approach

is the only way to ensure that the sector

can tackle its hiring and retention issues

longer-term.

Baljinder Kuller is founder and chief

executive of education recruitment firm

The Supply Register.


legal

Smartphones in schools

Following the announcement of a new Safer Phones Bill calling for

smartphones to be banned in schools in England by law, Lucy Blake and

William R Weaver, partners at law firm Jenner & Block, offer their analysis

A

Labour MP and former teacher,

Josh MacAlister, has introduced

a new private member’s bill – the

Safer Phones Bill – which has now been

discussed in Parliament. The bill calls for

parental consent to be required before

platforms can obtain data from children

aged under 16 – a move designed to

exclude children from personalised

algorithms and addictive content. The

bill also calls for a legal ban on phones

in school and to give Ofcom further

enhanced powers to protect children’s

interests, as well as committing to a

review of the sale of phones to children

aged under 16.

The bill is intended to strengthen the

existing Online Safety Act, passed by the

UK government in the summer last year.

The Act imposes compliance duties on

in-scope platforms to make them more

responsible for users’ safety, in particular

to prevent children from accessing

harmful and age-inappropriate content.

The UK regulator Ofcom is still in the

process of consulting on compliance

guidance for in-scope companies so most

provisions of the law have yet to take

effect. The new Labour government has

promised to implement a full review of

the new law, following criticism regarding

its efficacy in tackling disinformation

which played a role in the riots that took

place across the UK over the summer. The

new Bill amplifies the pressure on the UK

government to take action, focusing in

particular on children’s online safety.

“Policing the

internet requires

a global effort and

the UK is not alone

in passing and

considering new

legislation.”

Policing the internet, however, requires

a global effort and the UK is not alone in

passing and considering new legislation.

The EU adopted the Digital Services Act

in 2022 which imposes compliance and

transparency obligations on in-scope

platforms designed to protect against

the spread of illegal content and protect

users’ fundamental rights.

Over the summer this year, the US

Senate passed the Kids Online Safety

Act (KOSA), which intends to create

a duty of care requiring platforms to

take reasonable steps to prevent harm

for minor users, including limiting

addictive features and offering the ability

to opt out of personalised algorithmic

recommendations. The US House of

Representatives Energy and Commerce

Committee advanced a version of KOSA

out of committee in September, but

the House version differs significantly

from the Senate Bill. Furthermore, the

Republican leadership in the House

has continued to express concerns with

KOSA, thus the House Bill may get

stalled over partisan (and Republican

intra-party) disagreement about some of

the Bill’s provisions.

Even so, child online safety will continue

to be a topic of interest and proposed

legislation in the 119th Congress that

begins in January. Some states have also

passed important child online safety

legislation, including California’s recent

passage of a law designed to curb social

media addiction among minors.

With countries around the world

looking to legislate to tackle online

harms, consistency will be key. In the past

month, the UK and US governments

formed a joint government working

group on child online safety, which

represents a renewed commitment by the

governments of two of the world leaders

in tech ecosystems to protect children

online.

The working group’s aim to develop

“common solutions, shared principles

and global standards” is to be welcomed,

particularly as global platforms will

“Content moderation

and platform

governance decisions

require a complex

and fine balance

between users’

rights to free speech,

privacy and safety.”

Lucy Blake

look to develop consistent systems and

controls around the world. However,

while noble in their intentions, the

online safety laws in the UK, EU, US

(and elsewhere) have been criticised for

a lack of clarity and specificity as to the

obligations on platforms, leading to a risk

that companies may limit free speech by

over-moderating.

Content moderation and platform

governance decisions require a complex

and fine balance between users’ rights to

free speech, privacy and safety. As well as

consistency, the working group should

look to provide tangible and actionable

direction to help global companies

navigate their legal requirements, so they

can work with the governments to ensure

“a more secure digital world for young

people”.


pupil numbers

Stop the drop

Consultant editor Andrew Maiden outlines a scenario where a school’s

roll is declining, and reviews the possible reasons and remedies

The fear of falling pupil numbers,

and what bursars should do to

counter this, has always been

around. This has been brought into

sharper focus with the introduction of

VAT on fees, and the predicted numbers

of pupils leaving the independent sector.

But in a situation where numbers have

already fallen sharply, is this trend due to

affordability or is it something else?

Imagine the scenario where school

fees have increased at double the rate of

average earnings over the past 10 years.

Thus far, the ability of parents to afford

an independent education has appeared

viable. So what should governors do? Is

a drop in numbers a short-term blip or is

there something more fundamental going

on?

OPTION 1

The head explains that there has been a

large year group at the top of the school

which is leaving and pupil numbers will

balance out over a couple of years.

While this scenario often happens,

governors need to ensure that this

is the real reason for the drop. Are

clear marketing plans in place, with

recruitment targets for the admissions

registrar? The whole concept of selling

can be somewhat alien to academics,

but that is what the registrar is doing.

Have we a clear recruitment plan? Do we

promote our strengths and, in particular,

our core values? Do we know why parents

do not choose us? Are our competitors

making a large push in the market, and

have they got a number of dynamic new

staff who are attracting parents?

All this should come out in regular

governor meetings, and at least once

“The fear of falling

pupil numbers, and what

bursars should do to

counter this, has always

been around.”

a year the admissions registrar should

report direct to the governing body. He

or she may have a slightly different take

on what’s happening within the local

market.

OPTION 2

The detailed analysis of pupil numbers by

year group shows a gradual decline in a

number of year groups, and this is being

masked by larger year groups at the top of

the school.

This scenario hides a number of issues.

The overall pupil numbers just show

a slight decline. However, the bursar

should be tasked to plan pupil numbers

for the next five years. If large year groups

are leaving, to be replaced by smaller

groups, the school will be significantly

smaller in a few years’ time unless

the registrar is able to increase pupil

recruitment significantly.

This is a common problem for a number

of schools. The implications are that the

financial position will significantly worsen.

To avoid this, a number of contingency

plans need to be put in advance of

financial problems occurring, for example,

not replacing teachers who leave, move

to more part-time employment, and a

detailed review of the cost structure, as

well as all fee concessions.

OPTION 3

The past few years have seen significant

fee increases to cover increasing costs,

for example, pension payments, the

apprentice levy, and growing bursary

awards. At the same time, it’s clear that

the number of enquiries from potential

parents are declining. The unofficial

market of the ‘dinner party circuit’

feeds back that independent schools are

pricing themselves out of the market.

This scenario has to be a concern to the

whole independent school network, and

if schools are not concerned about this,

they should be.

This necessitates a fundamental review

of the whole school structure to ensure

that costs are in line with fee income. It’s

a brave school that cuts fees, but at the

Andrew Maiden

minimum fee levels may need holding

at current levels to allow affordability to

become less of an issue. Detailed planning

should be undertaken for this scenario,

and will include:

• Reviewing class sizes.

• Reviewing academic and support

headcount.

• Looking at the academic offering – does

it make sense to teach subjects that only

attract two or three pupils?

• Investigating fee concessions to ensure

they are below 10% of net fee income,

and ideally 5%.

• Bringing a halt to the school’s vanity

projects.

• Leading a return to basics and consider

the school’s purpose and ethos.

A five-year financial plan needs to

support this scenario.

OPTION 4

The school suffers a significant fall in

pupil numbers and is probably unable to

open next year.

This scenario does happen, and usually

occurs when earlier warning signs have

been ignored. Governors need to be

thinking ahead, and receiving regular

updates from the head and bursar. To

avoid this scenario, governors owe it to

parents and pupils either to merge with

another school, or to plan an orderly

closure while at the same time arranging

for pupils to be educated elsewhere.


personnel

People moves

Alderley Edge School for Girls

Alderley Edge School for Girls in Cheshire has appointed

Caroline Wood as its new headmistress, the Knutsford Guardian

has reported.

Alderley Edge is an independent day school for pupils aged

two to 18.

Wood has worked at the independent day school for 20

years and was previously deputy head for pastoral care. She has

also been the school’s designated safeguarding lead and is an

experienced Independent Schools Inspectorate inspector.

Ashville College

Ashville College in Harrogate, North Yorkshire, has appointed

Abigail Hiley as deputy head of prep school.

Ashville College is an independent co-educational school for

pupils aged two to 18.

Hiley previously taught for eight years at Harrow School

Hong Kong, She has also taught in the UK and Dubai.

In her new role Hiley will promote the use of technology

in the classroom and play a key role in fostering professional

development among Ashville teachers.

Belmont Grosvenor School

Belmont Grosvenor School has appointed Sian de Gracia as

headteacher and Chris Walker as deputy headteacher.

Belmont Grosvenor is an independent school in Birstwith,

North Yorkshire offering nursery, pre-prep and prep education

for children aged from three to 11.

de Gracia has worked in the international, state and

independent education sectors during a 17-year teaching career.

She joined Belmont Grosvenor School 12 years ago and worked

in various leadership roles including head of maths, science and

STEM, before being promoted to assistant head in 2021, and

deputy head last year.

Walker joined Belmont Grosvenor School last year, having

worked at independent Lady Lane Park School at Bingley, West

Yorkshire for the past 10 years.

Abigail Hiley

Kelvinside Academy

Independent school Kelvinside Academy in Glasgow has made

three senior appointments, Scottish Business News has reported.

Kelvinside teaches more than 600 pupils and comprises a

nursery, junior school and senior school, covering 15 years in total.

Sian de Gracia and Chris Walker


personnel

From left: Gillian Thomson, Catriona Calvert and David Sassarini (picture by Elaine Livingstone)

David Sassarini has been appointed director of educational

technology and innovation. He joins from Belmont Academy,

a state school in Ayr, where he worked for 18-years and was

principal teacher of design and technology.

Sassarini is a member of local and national working groups

on curriculum development and will lead on the school’s

new curricula creation and qualifications and also lead the

development of school policy on the use of digital devices in the

classroom.

Kelvinside Academy has appointed Catriona Calvert as head

of junior school. Calvert has more than two decades’ experience

in the state school sector, and joins from Glenboig Primary, in

Sarah Catchpole

North Lanarkshire, where she was head teacher for nine years.

The school has also appointed Dr Gillian Thomson as chief

operating officer. Thomson has spent more than 30 years in

higher education, including 15 years at the University of the

West of Scotland, most recently as director of organisational

effectiveness. Thomson has a PhD in business administration in

higher education management from the University of Bath.

South Lee Prep School

South Lee Prep School in Bury St Edmunds, Suffolk has

appointed Sarah Catchpole as its head of school, Yahoo! News

has reported.

Established in 1961, South Lee Prep School & Nursery caters

to children aged from three months to 13.

Catchpole has worked at the school for more than 18 years

in roles including acting head, deputy head and designated

safeguarding lead. She studied in Norwich for her degree and

PGCE and recently passed her headship national professional

qualification. She is also an inspector for the Independent

Schools Inspectorate.

STAHS Senior

St Albans Education Group has appointed Ann Massey as the

new head of STAHS Senior in Hertfordshire from April next

year.

Massey will take up the position from acting head of STAHS

Senior, Drew Thomson-Jones. The position of head of Senior

became available following the formation of the St Albans

Education Group and Amber Waite’s move from head of

STAHS to principal of the Group.

Massey has a bachelor’s and master’s degree in modern history

from St Anne’s College, Oxford and a master of education in

leadership and management. She has been the deputy head

pastoral at Eltham College in South London since 2017 and


personnel

Town Close School

Town Close School in Norwich has appointed Nick Tiley-Nunn

as its new headmaster.

Town Close is an independent, co-educational preparatory

school for children aged from three to 13.

Tiley-Nunn has educational and headship experience, most

recently as head of Ashford Prep School in Kent. Before that

he was head of the prep school and nursery at Norwich High

School for Girls, as well as working in other senior roles in the

independent school sector including SENCo, assistant head and

deputy head.

As a specialist in primary mathematics, Tiley-Nunn is a

published author and educational consultant, previously

working as a regional lead for primary mathematics for

Academies Enterprise Trust. He is also a team inspector for the

Independent Schools Inspectorate.

He is married to Rachel and their two children now attend

Town Close as pupils.

Ann Massey

spent 16 years at James Allen’s Girls’ School as a teacher of

history and politics, assistant head of section, SENCO, and head

of lower school.

She is married to John, detective chief superintendent of

Cambridgeshire Constabulary, and has two children: Isabel

who is studying biomedical sciences at Cardiff University and

Matthew who is reading French and Spanish at Exeter College,

Oxford.

Independent school sector recruitment firm RSAcademics

advised on this appointment.

Wellington College Education

Independent school Wellington College in Crowthorne,

Berkshire, has appointed Sir Anthony Seldon as founding

director of Wellington College Education, its new global

education network of independent schools that are adopting the

Wellington school ethos.

Wellington College Education encompasses 10 schools

around the world and its activities include festivals of education

in the UK, US, China and Thailand. Sir Anthony is charged

with “developing the network in the UK and abroad and

infusing it with a unified vision about what responsible and

imaginative education means in the 21st century”.

Sir Anthony has just finished as head of Epsom College, an

Nick Tiley-Nunn


personnel

April next year, replacing Baz Bennett who is relocating.

Lord Wandsworth is a co-educational private day and

boarding school for pupils aged between 11 and 18.

Dixon is currently bursar at Shiplake College, a private

boarding and day school located just outside Henley-on-Thames

in Oxfordshire. He has been in his post for almost three years,

following a career in the military and banking. He served in

the British Army as an officer in the Rifles Regiment, where he

saw active service in Afghanistan before losing his lower leg on

operations and being medically discharged.

He went on to spend 11 years at Barclays in a variety of roles,

including chief of staff and latterly head of coverage operations

and enablement for Barclays Business Banking.

Dixon was also deputy national chairman of Blesma, The

Limbless Veterans Charity and in 2013 rowed the Atlantic,

raising more than £1 million for charity.

Sir Anthony Seldon

appointment occasioned by the tragic murder of its head Emma

Pattison in February last year. He was previously vice-chancellor

of the University of Buckingham and master of Wellington

College from 2006 to 2015, and before that headmaster of

Brighton College. At Wellington he initiated a network of

international schools and the festival of education.

Lord Wandsworth College

Lord Wandsworth College in Long Sutton, Hampshire has

appointed Will Dixon as chief operating officer, effective from

Will Dixon

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interview

Space to excel

Ian Allsop talks to Adam Williams, headmaster at Lord Wandsworth

College in Long Sutton, Hampshire

On its website, Lord Wandsworth

College (LWC) proudly

highlights the amount of space

it enjoys. A banner stating “1,200 acres

of ” (in turn) “character, dedication,

ambition, learning, discovery” flashes on

screen.

LWC is a co-educational HMC

private school for day and boarding

pupils aged between 11 and 18, known

for its charitable foundation. It is named

after Baron Sydney Stern, a Liberal MP

and the second son of a prosperous

banker. Granted a peerage less than

four years after winning the seat of

Stowmarket in 1891, Stern took the title

of Lord Wandsworth in reflection of his

many links with the London suburb.

When he died in 1912, he left a

generous bequest to educate the children

of agricultural workers – children who

had lost one or both parents and needed

the support of a boarding environment.

Lord Wandsworth’s trustees purchased

the site on which the college now stands

and the first ‘foundationers’ arrived in

1922, followed by fee-paying pupils in

1946.

Today, the site houses the college

buildings, considerable facilities and

Stern Farm. This arable farm provides a

timely reminder of those early students

and of the college’s agricultural heritage,

as well as generating profit for the

school. It provided enough wheat for a

leading bread manufacturer to produce

2.1 million loaves last year.

Adam Williams, who has been

headmaster since 2015, says that this

sense of history is really important to the

culture of the school. “Since our start as

a foundation orphanage for agricultural

children, 2,500 have passed through. We

still have 50 such children now. While

we are not a slave to heritage, and wear

it lightly on our sleeve, connecting back

Adam Williams

is exciting to do. We have renamed parts

of our campus after some old pupils

and place ourselves in the landscape.

Long Sutton has Anglo-Saxon links, for

example.”

In terms of what makes the school

special, Williams cites the space to

“We are a strong

academic all-round

school, holistic, and

you can’t get away

from the importance

of that.”

Pupils from the early years of the school on a farm truck


breathe, which helps pupils develop a

“passion for outdoors and fresh air”.

He explains: “We are a strong academic

all-round school, holistic, and you can’t

get away from the importance of that.

But we want to widen he world of those

involved, especially for some whose

world has shrunk overnight. We want to

be inspiring, and value success. We want

students to be characterful and have

curiosity, to take the broadest view, but

with a twinkle in their eyes.”

Engagement with parents is important

to this vision. “I urge parents to not

go to the same place on holiday every

year, with mixed results, but I want to

encourage them to be fresh and openminded

in approach. We try to connect

into the whole school community.

Parents, staff and alumni do things

together. For example, we had a group of

36 trekking in Iceland in February. We

organise stargazing sessions and morning

chorus walks.”

Sport is a strong focus for the school

and Williams is proud of “really going

hard on girls’ sports, especially cricket”.

They stopped doing rounders over 10

years ago.

The school is also somewhat of a

pioneer in speedgolf and Williams is

one of two current speedgolf champions

at LWC. While he won the ‘Senior

British champion’ title at Sunningdale

Heath Golf Club in September, having

previously been ‘British amateur

speedgolf champion’ in 2022 and 2023,

fifth former Harry McCarthy was

crowned ‘Junior British champion’ in

his first time competing at a speedgolf

tournament.

“We try to find spaces that are slightly

different and explode into them,”

summarises Williams.

A BUSINESS APPROACH

While at the time of writing the school

had not publicly articulated its position

“We try to connect

into the whole

school community.

Parents, staff and

alumni do things

together.”

on the VAT on school fees issue,

Williams says it strengthens his belief

that schools have to behave more like

businesses.

“Our roles as teachers and educators is

clearly important but with around 300

overall staff we are one of the biggest

employers in the local area. HR, training

and professional development is crucial,

but all schools are brilliant at it, so we

have to improve in this area.

Acknowledging that a model where


personnel

“The school is

also somewhat of a

pioneer in speedgolf

and Williams is

one of two current

speedgolf champions

at LWC.”

Junior British speedgolf champion, fifth former Harry McCarthy

95% of income comes from fees is

not sustainable Williams thinks schools

need to be better at telling stories. “We

are good at the ‘what’ and the ‘how’,

but we do too much of that rather than

highlight the ‘why’. For parents, their

child’s education is a transactional

Drumming workshop

experience so we have to be comfortable

with that. They say that when their

children are between 13 and 18, parents

age 20 years, so we need to support them

and make life fun.”

The other challenge he highlights,

particularly for the farm, is climate change.

RELATIONSHIP WITH THE

BURSAR

Williams points out that the traditional

bursar role is evolving into one of a chief

operating officer with finance support,

and LWC employs Baz Bennett in that

position. “One of the first things we were

told in head training was get on well with

your bursar, or their equivalent, or else

one of you is going. It is mission critical.

We speak all of the time, and even walk

our dogs together. He has a military

background, which is not unusual, so is

brilliant at planning and strategy. And

the relationship requires transparency

and honesty. As chief executive I have

to be comfortable with understanding

the finances, as well as helping staff

understand we are a business, so a strong

bursar relationship is everything.”

GOVERNORS

Williams is a strong believer in the role

of the board of governors as critical

friends. “It helps if the school is on a

rising tide, and you can more easily avoid

them being too operational or ‘longscrewdrivery’.

As a senior leadership

team, we set strategy for the school and

provide the board with the information

and data they require to scrutinise and

challenge. The governors are outstanding

in their own worlds so we lean on them

for things like finance, legal, regulatory,

and safeguarding expertise.”

He concludes arguing for having paid

governors, especially for the roles of chair,

and chair of the finance sub-committee.

“The time commitment and expectation

is growing, so this seems a logical step”.

It is something that there will be an

increasingly louder voice for, especially as

schools move into the VAT era.

Ian Allsop is freelance journalist.


EMPOWERING

SCHOOLS TO ACHIEVE

EXCELLENCE:

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David Windridge

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Independent School Management, December 2024

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