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ARTICLE · 11 APRIL 2022

Academy Trust Contracts

Wrigleys Solicitors LLP
Wrigleys Solicitors LLP
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Wrigleys Solicitors LLP

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For schools converting to academy status and becoming a part of an academy trust there is a fundamental change to the way in which contracts are finalised.

United KingdomConsumer Protection
Chris Billington
Chris Billington
Alex Elliott
Alex Elliott
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A question of authority.

What can an academy trust do:

  • where a delegated power to authorise contracts has been exceeded; and
  • to get out of a contract made in excess of any delegated authority

For schools converting to academy status and becoming a part of an academy trust there is a fundamental change to the way in which contracts are finalised.  It is the academy trust, and not the school, that has legal personality, and it is the academy trust and not the school which should be party to any contract.

The trustees of an academy trust have ultimate responsibility and accountability for authorising contracts on behalf of the academy trust and to the outside world it is the trustees that have the power to sign contracts and to commit the academy trust to the obligations arising under that contract.  It doesn't matter what type of contract it is, the power and authority rests with the trustees, acting in the name of the academy trust.

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