education

Major matters include:

  • advising a variety of educational charities, including the governing body of an independent school, on changes to their founding statutes and regulations, involving in one case the passing of secondary legislation
  • advising on the implications of proposed changes to charitable status, with particular reference to the possibility that a 'public access test' might be imposed on fee-charging charities such as independent schools
  • advising on and drafting standard academic validation and franchising agreements
  • advising on procedures for academic appeals, in terms of assessing fairness and openness, taking into account the requirements of the Human Rights Act
  • advising on statutory and other duties of charity trustees (e.g. Companies Acts and charity legislation requirements; personal liability of charity trustees; compliance with Charities Act 1993 requirements in relation to disposal of land; accounting and reporting requirements)
  • advising on the latitude available to an independent school for utilising marginal capacity in its assets for purposes of income generation, including advising on trading activities and the introduction of an affinity card
  • undertaking audits in respect of the Data Protection Act and the Freedom of Information Act
  • advising on and dealing with Charity Commission inquiries and investigations, including instructions on the consequences of such inquiries
  • charity administration, including preparation of annual returns and reports