Coping in the VAT era –HMRC’s Budget day guidance
Should
Effective management of IT and data
Changes to pension schemes being considered by schools
Counter common types of fraud in the education sector
your school merge?
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.
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
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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
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
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
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.
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.
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.
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.
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
monitor interest in other year groups, such as Years 3 and 4, and asks any parents interested in this to get in touch.
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.
International K12 education group
Globeducate has acquired two schools in London.
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.
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
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.
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.
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, 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.
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.
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 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 (ILG) is acquiring St Francis School in Pewsey, Wiltshire, from the Hayfran Trust. The
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.
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.
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.
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.
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.
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,
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.
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
“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.
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.
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.
Ignore experience at your peril, warns Mike Buchanan
Irecently 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.
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.
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.
“Experience
brings with it
a
depth of knowledge that fosters more realistic, sustainable innovation.”
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
“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.
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.
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.
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.
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.
Amit Mehta
chief executive
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.
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
“The future of the sector will be built on the principle of strength in numbers.”
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.
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
effectively and their full-time focus on financial sustainability positions them well for the future and enables quick and effective decision-making.
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.
Yateley Manor Schoolpupils
“Developing realistic financial forecasts that balance ambition with rationality is key.”
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.
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.
• 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.
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 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.”
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
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.”
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.
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.
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.
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.
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.
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
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.
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
Association of Agricultural Valuers), or
“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
• 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.”
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.
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
“Sensitivity analysis is a key part of the financial modelling process where the status quo should be challenged.”
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.
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
Adiverse 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.
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
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.
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.
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.
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.”
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+
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.
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.
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.
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
“Although, ultimately, actually making a compensation uplift is in the tribunal’s discretion, consideration of the elements is mandatory.”
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.
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.
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.
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 wireless is a challenge, particularly in old (and often listed) buildings with walls that could keep out cannon shot.”
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
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.
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.
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.
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.
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.
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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.
“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.”
Another interesting trend emerging is the increasing number of acquisitions 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.
of VWV’s recent transaction highlights:
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.
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.
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 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 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.
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 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.
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
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.
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 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.
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.
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.
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.
• 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.
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
“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.
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.
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.
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.
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.”
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.
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.”
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.
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
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.
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:
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 school̓s 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.
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.
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
“Cases come up on an almost-daily basis between warring spouses about whose task it is to pick up the children.”
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
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
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.
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).
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.
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.”
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
“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.
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.”
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
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
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.
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
ALabour 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.”
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”.
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?
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.
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.
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
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.
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.
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 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 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.
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.
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
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 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.
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
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.
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.
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
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
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.
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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
“We are a strong academic all-round school, holistic, and you can’t get away from the importance of that.”
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
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
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.
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
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
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.
“The school is also somewhat of a pioneer in speedgolf and Williams is one of two current speedgolf champions at LWC.”
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.”
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.
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