Academies & Independent Schools: Justifying Charitable Status?

 This article was originally produced for the 'Independent Education Today' in March 2013.

Against the backdrop of an accelerated academy programme and calls from many, including former schools minister Lord Adonis, for independent schools to examine their consciences and step up to the plate (in the case of academies, as sponsors),  it is not surprising that many fee-paying schools are concerned as to what they should be doing to 'justify' their charitable status. This article explores whether this is the right question to be asking and what approach trustees should be taking in the increasingly complex political and ideological environment.

The starting point may be to recognise that, as creatures of long evolved statute and case law, charities are not obliged to (and nor should they) bend to the political will of the day but must exercise independent judgment as to how best they might flourish in the particular climate. Reassuringly, the Upper Tribunal in the