Free Schools in pre-opening for 2013

M Collins made this Freedom of Information request to Department for Education

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Department for Education,

I would be grateful if you could provide me copies of the award letters concerning Project Development Grants to Free Schools in pre-opening for 2013.

Yours faithfully,

Mrs M Collins

Department for Education

Dear Mrs Collins

Thank you for your recent email. A reply will be sent to you as soon as
possible. For information, the departmental standard for correspondence
received is that responses should be sent within 20 working days as you
are requesting information under the Freedom of Information Act 2000.

Your correspondence has been allocated the reference number:
2012/0057231

Regards
Department for Education

Web: www.education.gov.uk
Twitter: www.twitter.com/educationgovuk
Facebook: www.facebook.com/educationgovuk

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Dear Department for Education,

Your reference: 2012/0057231

The response to my original request has been delayed. By law, the authority should normally have responded promptly and by 21 September 2012. This has not happened and I would ask that you provide the information requested without further delay.

Yours faithfully,

M Collins

Department for Education

Dear Mrs Collins, 
The FOI Act obliges us to respond to requests promptly and in any case no
later than 20 working days after receiving your request. However, when a
qualified exemption applies to the information and the public interest
test is engaged, the Act allows the time for response to be longer than 20
working days, and a full response must be provided within such time as is
reasonable in all circumstances of the case. We do, of course, aim to make
all decisions within 20 working days, including cases where we need to
consider the public interest. In this case, however, we have not yet
reached a decision on where the balance of the public interest lies.

 In your case, we estimate that it will take an additional 10 days to take
a decision on where the balance of the public interest lies. Therefore, we
plan to let you have a response by 1 October 2012.  If it appears that it
will take longer than this to reach a conclusion, we will keep you
informed.

 The specific exemption which applies in relation to your
request is section 43 (commercial interests) as the release of the
information could affect the negotiating position of the Department.  

 If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should write to me quoting our reference number.

 If you are not content with the outcome your complaint or review, you may
apply directly to the Information Commissioner for a decision. Generally,
the ICO cannot make a decision unless you have exhausted our
complaints/review procedure.
Yours sincerely

Sheila Carroll

Sheila Carroll
Free Schools Group
[email address]
[1]www.education.gov.uk

Your correspondence has been allocated the reference number 2012/0057231.

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Department for Education

Dear Mrs Collins,
 

When I last wrote to you I said that I hoped to let you have a response by
1^st October. However, because we have not yet reached a decision on where
the balance of public interest lies, I regret that I am unable to meet
this deadline.

I now plan to let you have a response by 10^th October. If it appears that
it will take longer than this to reach a conclusion, we will keep you
informed.

 
Yours sincerely,

Sheila Carroll
Free Schools Group
[email address]
[1]www.education.gov.uk

Your correspondence has been allocated the reference number 2012/0057231.

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Laura McInerney left an annotation ()

The information for this request is now overdue by 11 days from when the respondent last said they would provide the information.

Dear Department for Education,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Education's handling of my FOI request 'Free Schools in pre-opening for 2013'.

Despite assurances that my request would be actioned by 10th October or I would be informed if this were not the case, I have had no further correspondence on the matter and this date (already delayed from my initial request of 23rd August) has been missed with no acknowledgement.

I would be grateful if you could action my request without further delay or provide a full justification as to why you believe that providing details of Project Development Grants is not in the public interest when it is the public's money that is funding this initiative.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/fr...

Yours faithfully,

M Collins

Department for Education

Dear M Collins

Thank you for your recent email. A reply will be sent to you as soon as
possible. For information, the departmental standard for correspondence
received is that responses should be sent within 20 working days as you
are requesting information under the Freedom of Information Act 2000.

Your correspondence has been allocated the reference number 2012/0069998

Thank you

Department for Education
Public Communications Unit
Tel: 0370 000 2288

Web: www.education.gov.uk

Twitter: www.twitter.com/educationgovuk

Facebook: www.facebook.com/educationgovuk

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Department for Education

Dear Mrs Collins, 
The Department takes very seriously its obligations under the Act,
including the requirement to respond within the statutory deadline of 20
working days. I am afraid that we have not been able to maintain this
standard in this instance and while there may be considered to be
mitigating circumstances, this delay is not acceptable.

I would like to reassure you that we are working to provide you with the
information that you have asked for as soon as possible  and I am very
sorry for the inconvenience which this delay may have caused to you.
 
Your correspondence has been allocated reference number 2012/0057231. If
you need to respond to us, please visit [1]www.education.gov.uk/contactus,
and quote your reference number.

Yours sincerely,

Sheila Carroll
Free Schools Group
[email address]
[2]www.education.gov.uk

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Communications via the GSi may be automatically logged, monitored and/or
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References

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2. http://www.education.gov.uk/

Laura McInerney left an annotation ()

I think it's probably time this one went to the Information Commissioner. It is now vastly delayed with no attempt to explain why this might be. http://www.ico.gov.uk/complaints.aspx

Department for Education

Dear Mrs Collins,
 
 

Thank you for your email dated 23 August in which you asked for copies of the award letters concerning Project Development Grants to Free Schools in
  pre-opening for 2013. I have dealt with your request under the Freedom of Information Act 2000 (“the Act”). 

 

I am sorry for the delay in sending you this information and know that you have asked for an internal review with regard to how this request has been
handled. That review is underway and the Department will respond in due course.

 

Information on the Project Development Grants to Free Schools is available on the Department’s website within the ‘How to Apply Guide’ for Free
Schools: 

[1]http://media.education.gov.uk/assets/fil...

This guide sets out the amount of funding available to Mainstream Free Schools in pre-opening for 2013 and explains that the project development
funding for groups applying to set up 16 to 19, alternative provision and special Free Schools is determined on a case by case basis. For ease the
relevant paragraphs from the How to Apply Guide are copied here:

 

3.11:    We will provide a project development grant to groups whose applications are approved to the next stage. This grant is to help cover
everything that groups will need to buy up to the point that the school opens. This will include the cost of any project management and education
support required and other costs such as recruiting and paying a principal designate. The amount of funding depends on the type of school. Mainstream
Free Schools opening in 2013 will receive £220,000 for primary schools, £300,000 for secondary and all-through schools, and up to £25,000 for
existing independent schools wishing to become Free Schools. All services you require should be affordable from this allocated funding. We will
review these figures for future years with a view to making efficiency savings.

 

3.12 :  Project development funding for Free Schools opening in 2013 will be determined on a case by case basis for groups applying to set up 16 to
19, alternative provision and special Free Schools, although we will expect to agree funding within the mainstream levels for these schools. We will
review this for 16 to 19, alternative provision and special Free Schools opening in future years.”

 

A list of the 2013 projects approved to the pre-opening stage can be found on the Department’s website at:

[2]http://media.education.gov.uk/assets/fil...

Our standard terms and conditions of grant for project development funding are attached to this letter as Annex A.

 

I am not providing copies of individual award letters for mainstream Free Schools, since the amounts of Project Development Funding for these schools
are already published (and copied above) and I have annexed the Terms and Conditions for the Project Development Grant.

 

As noted above, the only instances in which the amount of Project Development Grant Funding deviates from the flat rates set out in the ‘How to Apply
Guide’ relate to special, alternative provision and 16-19 Free Schools. The Department holds the information you have requested on the pre-opening
development grant allocated to these schools but it is being withheld because an exemption under Section 22 of the Act applies. Section 22 provides
for information to be exempt from disclosure where the information is held by the Department with a view to its publication by the Department or any
other person at some future date. 

 

When I wrote to you in September I advised that the specific exemption which applied in relation to your request was section 43 (commercial
interests) as the release of the information could affect the negotiating position of the Department.  However, Ministers have reconsidered this
position and we are withholding the information you requested because an exemption under Section 22 applies.

 

Section 22 of the Act is a qualified exemption which means that a public interest test needs to be carried out, and in doing so the following factors
have been considered:

 

·         It is acknowledged that there is a general public interest in disclosure because of the need for there to be open and transparent
government and that the sharing of information with the public should be free and open. 

·         However, the public interest in permitting the Government to publish information in a manner and at a time of its own choosing is also
important.  It is part of the effective conduct of public affairs that the general publication of information is a conveniently planned and managed
activity within the reasonable control of the public authority. 

·         The Department intends to publish pre-opening costs for individual open Free Schools, once costs are finalised, in our routine updates to
the Department’s website.

·         It is not reasonable for the Government to be expected to release piecemeal information in advance of its planned publication of
information about pre opening costs for open Free Schools, and there is a strong argument in favour of allowing everyone to view this information at
the same time.  If it were to release this information as requested on varying occasions this would result in partial information being released over
a protracted period leading to confusion and inaccuracy.

The arguments for and against release have been considered and it is our view that the balance of public interest falls in favour of the maintenance
of this exemption. This is because we have concluded the public interest rests in formal publication when figures are finalised rather than the
release of partial information over a protracted time period which would be likely to be misleading and inaccurate.

 

 

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

 

If you are unhappy with the way your request has been handled, you should make a complaint to the Department by writing to me within two calendar
months of the date of this letter.  Your complaint will be considered by an independent review panel, who were not involved in the original
consideration of your request.  

 

If you are not content with the outcome of your complaint to the Department, you may then contact the Information Commissioner’s Office.

 

 

Yours sincerely

 
Sheila Carroll

Free Schools Group
[email address]
[3]www.education.gov.uk

 
 
 ANNEX A

 

+----------------------------------------------------------------------------------------------------------------------------------------------+
|ANNEX A: GRANT FUNDING AGREEMENT FOR     [ Academy Trust]  ^  |
+----------------------------------------------------------------------------------------------------------------------------------------------+

 

 

Terms and Conditions of Grant

 

1.            For the purposes of this Grant Agreement:

”Academy Trust” means [Name of Academy Trust];

“Allocated Project” means [Name of Free School proposal];

“the Department” means the Department for Education;

”Eligible Expenditure” means the funding agreed by the Department for the Services as set out in this Grant letter;

“Financial Year” means the 12 months from 1 April to 31 March;

“Funding Agreement” means the Academy arrangement to be entered into under section 1 of the Academies Act 2010 between the Secretary of State and the
Academy Trust in respect of the Allocated Project;

”In-house” means the Services provided by the Academy Trust under this Grant, which shall be provided by employees of the Academy Trust or
secondments to the Trust only;

”Month” means calendar month;

“Project Development” means those tasks necessary and associated with developing and opening the Allocated Project and may include but not
necessarily be limited to project management and educational services.

“Secretary of State” means the Secretary of State for Education; and

 “Terms and conditions of Grant” mean the terms and conditions of the Grant, as set out in this Grant letter.

 

Grant Offer

 

2.            This Grant letter sets out the Terms and Conditions for the payment by the Secretary of State for Education of a Project Development
Grant offer to the Academy Trust out of monies voted by the UK Parliament.  In 2012-13 the maximum amount of grant payable will be [ £x] and the
indicative amount of grant in 2013-14 will total [ £x]. The 2013 - 2014 allocation will be subject to Parliamentary approval. The Department shall
send to the Academy Trust a formal statement of the Grant approved in 2013-14 as soon as possible following such approval.

 

3.            Any Grant paid by the Secretary of State will be paid pursuant to Section 14 of the Education Act 2002 and will accordingly be paid
only in support of the development of the Allocated Project.

 

4.            Examples of typical services the Grant may be used to fund and which the Academy Trust may wish to procure to support the development
of the Allocated Project are shown in Annex B.

 

5.            No later than fourteen days after the end of each payment period (as set out in paragraph 9 below) the Academy Trust shall send the
Department a statement of expenditure and commitments to date, certified by two Directors of the Trust, using the template provided in this Grant
letter (Annex E). In addition, no later than eight weeks after the final payment, the Academy Trust shall send the Department a final statement of
expenditure showing the balance of any unspent money.  In addition, the Secretary of State may from time to time require the Academy Trust to provide
information in respect of expenditure, commitments and unspent monies provided under this Grant letter related to the Allocated Project.

 

Amount of Grant

 

6.            The maximum amount of Grant payable under this Grant letter will be [£x] (inclusive of VAT) of which £y is in respect of 2012-13 and £z
is in respect of 2013-14, subject to paragraph 2.

 

Payment arrangements

 

7.            Payment of Grant shall be subject to the Academy Trust complying with the Terms and Conditions and requirements set out in this Annex A
of the Grant letter and to such further conditions and requirements that the Secretary of State may from time to time specify. These shall include
the provision of information on results that have been achieved or services performed in developing the project. The Grant must not be used to fund
activities that may be party-political in intention, use or presentation, or to propagate a religion or belief.

 

8.            Ordinarily Grant must not be spent maintaining existing websites or developing / creating new websites.  All publicly funded
school websites are exempt from this Grant condition. Where the Academy Trust plans such expenditure, they must comply with the web guidelines found
on the COI website [4][1] and DfE website[5][2].

 

9.            Subject to paragraph 2, the following payments will be made by the Department to the Academy Trust:

 

Stage payment 1:  £XXXXX  on (Date)

Stage payment 2:  £XXXXX  on (Date)

Stage payment 3:  £XXXXX  on (Date)

Stage Payment 4: £XXXXX   on (Date) …etc

 

10.         The funding profile set out at paragraph 9 may be varied or suspended, if the Department has concerns that sufficient progress towards
the opening of the Allocated Project is not being made, or about the way in which money is being used and / or if  the Academy Trust fails to submit
a summary statement of Grant-funded expenditure to date or fails to provide any other information in respect of the Allocated Project that the
Secretary of State may request from time to time as required by paragraph 5.  This condition does not limit the Secretary of State’s entitlement
under paragraph 18 to withhold the payment or terminate and recover the provision.

 

11.         The Academy Trust is reminded that it must not profit from running a Free School. Where services are provided in-house by the Academy
Trust, these shall be provided without charging any element of profit on the goods and/or services provided (‘At Cost’).  For people based resources
this will be based on a day rate calculated by dividing the salary of the person plus employment related taxes borne by the employer (for example, in
the UK national insurance), pension, essential training and other directly employee related costs, by 210 working days a year pro rata as
appropriate.  Reasonable incidental travel expenses and (if required) reasonable accommodation and essential subsistence will be charged at cost. 
Other services will require a methodology mutually agreed by all the Parties to this Agreement within the no profit principle.  Fixed overheads will
not be recoverable but if additional overheads or costs are incurred for the purposes of providing the services then these would be allowable within
the no profit principle subject to mutual agreement between the Parties to this Agreement. All such calculations will be subject to open book and
audit.

 

12.         Where the Academy Trust enters into a sub-contract with a supplier or contractor for the purpose of performing its obligations under this
Project Development Grant, it shall ensure that a provision is included in such a sub-contract which requires payment to be made of all sums due by
the Academy Trust to the sub-contractor within a specified period not exceeding 30 days from the receipt of a valid invoice.

 

13.         The Academy Trust must not deliberately incur liabilities for Eligible Expenditure before there is an operational need to do so; and must
not pay for Eligible Expenditure sooner than the due date for payment.

 

 

14.         Subject to the conditions of paragraphs 7 and 17, any Grant issued to the Academy Trust but which remains unexpended on the date of the
opening of the Allocated Project may be retained by the Academy Trust for use solely in respect of the Allocated Project.

 

15.         If any grant monies received under this Grant letter include an amount payable in respect of VAT which will be payable by the Academy
Trust in using any such grant monies, the Academy Trust shall, having paid the VAT to a third party for any goods or services it has purchased from
such a third party, where entitled, promptly and, in any event, as soon as is reasonably practicable, submit a VAT reclaim application to Her
Majesty’s Revenue and Customs (HMRC) in respect of such VAT payment.  The Department is currently  considering whether the Academy Trust will be
required to repay such VAT recouped from HMRC to the Department, and will provide further guidance on this matter in due course.  Following
recoupment of VAT from HMRC, the Academy Trust shall ensure that it does not spend such recouped monies until such time as consent for the same has
been obtained from the Department.

 

Amendment or variation or Termination of the Grant

 

16.          If the Allocated Project is withdrawn by the Academy Trust before opening, no further monies can be expended against the Project
Development Grant, and the Grant will be deemed to be cancelled. The Academy Trust should use its best endeavours not incur any additional
liabilities from the date of the withdrawal of the Allocated Project. Any Grant issued to the Academy Trust but which remains unexpended on the date
of the withdrawal of the Allocated Project shall be repaid to the Department, after consulting the Department on the method of repayment.

 

17.          If the Department decides not to enter into the Funding Agreement with the Academy Trust and / or not to proceed with the Allocated
Project at any time during the period of this Grant, no further Project Development Grant monies can be expended against the Allocated Project, and
the Grant will be deemed to be cancelled from the date of such a decision by the Department. Any monies legitimately incurred under the terms of this
Grant prior to the date of such a decision may be paid at the discretion of the Department. Any Grant issued to the Academy Trust but which remains
unexpended at the date of the decision not to enter into the Funding Agreement / proceed with the Allocated Project shall be repaid to the
Department, after consulting the Department on the method of repayment.

 

18.         The Secretary of State shall be entitled to withhold the payment or terminate and recover the provision, where he has grounds to believe
that it has not been used or will not be used in accordance with the terms of this Grant letter, where he has grounds to believe that the funds
provided in accordance with the terms of this Grant letter have not been properly managed or where he is of the view that some other circumstances
exist which would make it appropriate for him to withhold payment. 

 

19.         The maximum payment under the terms of this Agreement is XXXX.. The Academy Trust should ensure that no pattern of spending is allowed to
develop which cannot be contained within the approved budget; where this seems likely, the Department should be informed immediately and in writing.

 

 

Liability 

 

20.         Subject to paragraph 14, the Project Development Grant for (non-capital) costs is granted only for the period following approval of the
application for the Allocated Project to enter the pre-opening stage to support its development until that Allocated Project is due to open. This
Grant does not influence or constitute the Secretary of State’s final approval for the Allocated Project to open. The Allocated Project’s opening
remains subject to the Secretary of State entering into a formal Funding Agreement with the Academy Trust.

 

21.         The Department makes no commitment to renewing or continuing the Project Development Grant after the period stated in this Grant letter.
Subject to paragraph 14, the Academy Trust must not assume or have any expectation that any further monies will be paid under the Project Development
Grant beyond the period stated in this Grant letter or that the Department will be liable for any additional cost, such as to cover the costs of
redundancies, pension etc at the conclusion of this Grant. 

 

22.         Prior to the date of termination of the Grant or, if the Allocated Project is withdrawn by the Academy Trust, or if the Department
terminates the Grant in accordance with paragraphs 17 and 19, as soon thereafter as possible the Department shall agree with the Academy Trust those
reasonable costs necessarily incurred by the Academy Trust in ceasing to deliver the Grant funded activities or the transfer of activities provided
such costs are directly attributable to the early termination of this Grant. 

 

23.         Failure by the Secretary of State at any time to terminate the Grant for breach of any condition shall not be construed as a waiver of
such entitlement to terminate and shall not affect the validity of these Grant Conditions or any part or parts hereof or the right of the Secretary
of State to terminate in accordance with its terms, unless the Secretary of State gives notice, in writing, of a variation to these Grant Conditions,
removing such condition or confirmation of waiver of such entitlement to terminate.

 

Financial / Project management

 

24.         In relation to the use of Grant, the Academy Trust shall abide by the requirements of and have regard to guidance in the Academies
Financial Handbook[6][3] published by the Department and amended from time to time, which sets out in detail provisions for financial management,
including guidance on financial systems and controls and accounting and reporting requirements. 

 

25.         The Academy Trust agrees to exercise all reasonable skill, care and attention to be expected of a competent project management body in
carrying out all duties to support the development of the Allocated Project.

 

26.         The Academy Trust shall comply with any Act of Parliament, any instrument, rule or order made under any Act of Parliament and any
regulation or bye-law of any local authority or any statutory undertaker or of any public or private utility or undertaking which has any
jurisdiction with regard to the Allocated Project and without prejudice to the generality of this Condition, undertakes to carry out and fulfil in
all respects any relevant duties required under the Construction (Design and Management) Regulations 2007.

 

Borrowing

 

27.         With respect to the Grant funded activities, the Academy Trust shall not borrow or lend money from any source, charge any asset or
security, nor give any guarantees, indemnities or letters of comfort, without the prior written consent of the Secretary of State.

 

Losses, gifts and special payments

 

28.         With respect to the Grant funded activities, the Academy Trust must not write-off any debts or liabilities owed to it, nor offer to make
any special payments or give any gifts without the prior written consent of the Secretary of State. A record of gifts both given and received must be
kept.

 

Third Party Software and other IPR

 

29.         The Department acknowledges that where the Academy Trust will use the software or other IPR of third parties or other partners to deliver
services ownership of such software or other IPR shall remain with the relevant third party.

 

30.         Unless otherwise agreed with the Department, the Academy Trust shall only use standard 'off-the-shelf' versions of any third party’s
software provided that additions or variations to 'off-the-shelf' third party software shall not require the Department's agreement where the IPR in
such additions or variations is licensed to the Academy Trust (for the purpose of making the same available to the Department) as an integral part of
the third party software.

 

31.         The Academy Trust shall obtain and maintain all appropriate licences to use the third party software to allow it to deliver the
objectives of the Grant.

 

Disposal of assets and change of use

 

32.         Where the market value exceeds £2,500, the Academy Trust shall consult the Secretary of State if it proposes to dispose of, or change the
use of, a tangible asset (e.g. land, building and equipment) or an intangible asset (e.g. copyright) which has been financed or developed wholly with
monies paid by the Secretary of State under this Grant or which has been substantially improved by the use of such funds.

 

33.         Any proceeds, where the total amount exceeds £2,500, resulting from the disposal of an asset financed with this Grant from the Secretary
of State, or the appropriate proportion thereof, shall be surrendered to the Secretary of State.

 

34.         Where the market value exceeds £2,500, if the purpose of an asset, funded wholly or in part from this Grant from the Secretary of State,
is changed from that for which it was originally funded, the value of that asset, or the appropriate proportion thereof, shall be remitted to the
Secretary of State. Unless otherwise agreed in writing by the Secretary of State with the consent of the Treasury, the Academy Trust shall not
dispose of assets below market value.

 

35.         The Academy Trust shall comply with the Department's directions in relation to any transfer of assets on expiry or termination of this
Grant. 

36.         For the purposes of paragraphs 32-35 above, any group or class of assets which together form one identifiable and saleable asset, whether
or not they are capable of being sold individually or in smaller classes or groups, (for example, but without limitation, the constituent parts of a
single IT system) shall, if aggregated and together sold, transferred or otherwise dealt with in a manner specified in paragraphs 32-35, be treated
for valuation purposes as a single asset.

 

Insurance

 

37.         The Academy Trust shall ensure that it insures or procures insurance by another person of its assets in accordance with normal commercial
practice or under the terms of any subsisting leases in respect of the leasehold interest of the site upon which the Academy is situated.

 

Staffing

 

38.         The Academy Trust shall comply with existing legislation in respect of employment.

 

39.         The Secretary of State shall be entitled, after consultation with the Academy Trust, to require the replacement of any person employed by
or contracted to the Academy Trust in the performance of its obligations under this Grant including any individual who, in the Secretary of State's
reasonable opinion, has failed to perform satisfactorily or who has mis-conducted himself in any way.  The Academy Trust shall promptly replace such
person with an appropriately qualified and experienced substitute at no additional cost to the Secretary of State.

 

 

 

Procurement requirements

 

40.         Contracts of work, equipment, stores and services etc awarded by the Academy Trust shall be placed on a competitive basis, unless there
are good reasons to the contrary. Tendering procedures shall be in accordance with The Public Procurement Regulations 2006[7][4], where applicable,
and any additional guidance issued by the Department.

 

Statutory Obligations

 

41.         It is agreed that statutory and other constraints on the exchange of information will be fully respected, including the requirements of
the Data Protection Act (DPA) 1998, the Freedom of Information Act 2000 (FOIA) and the Human Rights Act 1998.

 

42.         The Academy Trust shall adhere to equal opportunities legislation including but not limited to the Equality Act 2010 and all other
relevant equal opportunities and non-discrimination law.

 

Transparency

 

43.         The Department and the Academy Trust acknowledge that, except for any information which is exempt from disclosure in accordance with the
provisions of the FOIA and DPA, the content of the Grant offer and terms and conditions is not confidential Information.  The Department shall be
responsible for determining in its absolute discretion whether any of the content of the terms and conditions is exempt from disclosure in accordance
with the provisions of the FOIA. 

 

44.         Subject to paragraph 41, the Academy Trust hereby gives consent for the Department to publish the Grant offer and terms and conditions in
its entirety, including from time to time agreed changes to the Grant offer, any payments and funding agreement, to the general public. 

 

45.         The Department may consult with the Academy Trust to inform its decision regarding any redactions but the Department shall have the final
decision in its absolute discretion.

 

46.         The Academy Trust shall assist and cooperate with the Department to enable the Department to publish the Grant offer, any payments and
terms and conditions.

 

47.         The Academy Trust recognises that the Secretary of State is subject to legal duties which may require the release of information under
the FOIA or similar legislation or equivalent codes and that Secretary of State will be/is under an obligation to provide information on request. 
Such information may include matters relating to, arising under or out of the Allocated Project in any way.

 

48.         The Academy Trust recognises that each request for information must be considered individually and that any decision to disclose
information will be the decision of the Department.

 

49.         In any event, the Department shall not be responsible to the Academy Trust for any loss, damage, harm or other detriment, however caused
arising from the disclosure of any information under the FOIA or other similar legislation or code.

 

 

Interpretation and Resolution of Disputes

 

50.         Questions arising on the interpretation of the arrangements in this Grant letter shall be resolved by the Secretary of State after
consultation with the Academy Trust.

 

51.         The Parties shall use all reasonable endeavours to negotiate in good faith and settle amicably any dispute that arises during the
continuance of this Grant.  In the event that a dispute arises as a result of this Grant, the dispute shall be referred in the first instance to the
Department’s Grant Manager and the Academy Trust’s Grant Manager.  If the dispute cannot be resolved by these representatives within a maximum of 30
days, then the matter must be escalated as detailed in paragraph 52.

 

52.         Should difficulties arise with the operation of this Agreement, which cannot be resolved by the Department, the matter will be put to a
formal meeting at official level between the Department and the Academy Trust, and ultimately to the Accounting Officer of the Department and the
Academy Trusts’ Chief Executive.

 

53.         To accept this offer of funding please sign both copies of this Grant letter in the space indicated below and return both copies to the
Department for signing.  This Grant letter is effective from the date of signing.

 

+-----------------------------------------------------------------------------------------------------------------+
|Signed by a person authorised to sign on behalf of the Secretary of State |
|-----------------------------------------------------------------------------------------------------------------|
|Date |  |
|-----------------------------------------------------------+-----------------------------------------------------|
|Signature |  |
|-----------------------------------------------------------+-----------------------------------------------------|
|Name (please print) |  |
|-----------------------------------------------------------+-----------------------------------------------------|
|Position in DfE |  |
+-----------------------------------------------------------------------------------------------------------------+

 

The Academy Trust accepts the offer of Grant contained in this Grant letter and agrees to comply with the Terms and Conditions of the Grant on which
the offer is made.

 

+------------------------------------------------------------------------------------------------------------+
|Signed by a person authorised to sign on behalf of the Academy Trust |
|------------------------------------------------------------------------------------------------------------|
|Date |  |
|--------------------------------------------------------+---------------------------------------------------|
|Signature |  |
|--------------------------------------------------------+---------------------------------------------------|
|Name (please print) |  |
|--------------------------------------------------------+---------------------------------------------------|
|Position in organisation |  |
+------------------------------------------------------------------------------------------------------------+

 

+---------------------------------------------------------------------------------------------------------------------------------------------------+
|Principal contacts |Department |The Academy Trust |
|-------------------------------------------------+------------------------------------------------+------------------------------------------------|
|Contact name/Postal address |DfE Lead Contact |  |
|-------------------------------------------------+------------------------------------------------+------------------------------------------------|
|Position |  |  |
|-------------------------------------------------+------------------------------------------------+------------------------------------------------|
|Telephone no. |  |  |
|-------------------------------------------------+------------------------------------------------+------------------------------------------------|
|Email address |  |  |
+---------------------------------------------------------------------------------------------------------------------------------------------------+

 

 

           

 

 

 

Annex B: Examples of Project Development Grant Services

 

 

Subject to the conditions in paragraphs 7 and 8 of Annex A, the following are examples of services the Academy Trust may need to procure to support
the development of the Allocated Project:

 

o Project Management
o Education Advice and development of the educational plan, curriculum and policies
o Legal Services
o Communications and Marketing Support
o Consultation in line with Section 10 of the Academies Act 2010
o HR and Recruitment Services
o Financial management and advice
o Appointment of Principal Designate (including salary costs during the pre-opening stage)
o Financial and Management Information Systems
o Pre-opening insurance

 

 

 

 

 Annex C: AUTHORISED SIGNATURES FOR PROJECT DEVELOPMENT GRANT

 

 

Academy Trust Name   

 

From ..................(insert date) the persons listed below are authorised signatures for the Services costs Grant as approved by the Department,
which is subject to the Conditions of Grant at Annex A:

                                   

                                   

1.         NAME  (block capitals)        ...............................................

           

           

POSITION:                ...............................................

           

 

            SAMPLE SIGNATURE       ...............................................

 

 

 

 

2.         NAME  (block capitals)        ...............................................

           

            POSITION:                ...............................................

           

 

            SAMPLE SIGNATURE       ...............................................

 

 

 

3.         NAME  (block capitals)        ...............................................

           

            POSITION:                ...............................................

           

 

            SAMPLE SIGNATURE       ...............................................

 

 

 

4.         NAME  (block capitals)        ...............................................

           

            POSITION:                ...............................................

 

           

            SAMPLE SIGNATURE       ...............................................

 

 

Note: Authorised signatories should be limited to senior post holders and governors

 

Annex D: BANK DETAILS                                                                                        

 

 Academy Trust Name

 

From .....................(insert date) please make payments of the Grants listed below to the following account:

                                   

                                    Recurrent Grants;

                                   

 

Bank or Building Society

 

                                    Name:             .........................................................

                                   

                                    Address:          .........................................................

                                   

                                                            .........................................................

                                   

                                                            .........................................................

                                   

                                                            .........................................................

                                                           

                                                           

 

Sort Code:                  

 

                                   

Account No.                  

 

 

                                    Account title    .........................................................

 

                                    Account type   .........................................................

 

 

                 

Address for Remittance to be sent     .........................................................

                                   

                                                            .........................................................

                                   

                                                            .........................................................  

                                                           

                                                            .........................................................  

                                                                       

Bank details authorised by (original signatures):

 

            Signature 1:.......................……...........  Signature2: .........…….......................

 

            Name:.............................…….....   Name: ..............................……..

 

            Position: ..............................…….... Position  ..............……..................

 

            Date………………………….  Date:………………………………

 

Annex E: PROJECT DEVELOPMENT GRANT: Summary Statement of Income and Expenditure by Academy Trusts

Name of Academy Trust: …………………………………………………………..

Name of Free School: ……………………………………………………………….

Income and Expenditure for the period:  [date]

Total Project Development Grant agreed:     £ ……………………

Total Income received to date:  £ ……………………

Total expenditure (this should include costs incurred for goods and/or services received plus an estimate of expenditure for goods/services received
and not yet paid plus an  estimate for goods and/or services ordered but not yet received or paid for):    £…………………..

Balance of funding held by the Trust:     £ ………………….

+---------------------------------------------------------------------------------+
|             Nature of expenditure |Amount (excluding|VAT|
| | VAT)      £ | |
|-----------------------------------------------------------+-----------------+---|
|[Note to Trusts- please delete this guidance:  you are not |  |  |
|expected to write down every individual purchase. Instead | | |
|you should use appropriate budget headings linked to your | | |
|profiled expenditure plans. As a minimum we would expect to| | |
|see expenditure under the following budget headings. If you| | |
|have no expenditure or commitments to record, please insert| | |
|‘NIL’ under the appropriate heading. | | |
| | | |
|‘Other’ costs:   if  this  exceeds 25% of the total, please| | |
|provide further sub analysis to show what is being | | |
|covered): | | |
| | | |
| Project Management (project mgmt staff) | | |
| | | |
|Education Services (e.g. education adviser staff; | | |
|curriculum plans) | | |
| | | |
|Legal | | |
| | | |
|Admissions (pupil) | | |
| | | |
|Stakeholder consultation (survey work; design and printing;| | |
|open events linked to consultation) | | |
| | | |
|Staffing and Recruitment  (school- please provide detail of| | |
|specific posts and the costs associated with each) | | |
| | | |
|Marketing and Publicity (marketing materials; formal | | |
|opening arrangements) | | |
| | | |
|Website development | | |
| | | |
|Financial  Information Service; Management Info System | | |
| | | |
|Other | | |
|-----------------------------------------------------------+-----------------+---|
| TOTAL |  |  |
+---------------------------------------------------------------------------------+

 

On behalf of the above named Trust, we the undersigned confirm that this statement provides a true and fair account of  income and expenditure with
regard to the project development grant; and all expenditure and/or commitments has been incurred in accordance with the Conditions of Grant in
support of the development of the above Free School.

+----------------------------------------------------------------------------------------------+
|Signature 1 |  |
|------------------------------+---------------------------------------------------------------|
|Name |  |
|------------------------------+---------------------------------------------------------------|
|Position |  |
|------------------------------+---------------------------------------------------------------|
|Dates |  |
+----------------------------------------------------------------------------------------------+

 

+----------------------------------------------------------------------------------------------+
|Signature 2 |  |
|------------------------------+---------------------------------------------------------------|
|Name |  |
|------------------------------+---------------------------------------------------------------|
|Position |  |
|------------------------------+---------------------------------------------------------------|
|Dates |  |
+----------------------------------------------------------------------------------------------+

show quoted sections

Department for Education

Dear Mrs Collins,
 
Internal Review: reference number 2012/0069998

 

I refer to your request for an internal review which was received on 23
October 2012. You requested an internal review of Department for 
Education's handling of your  FOI request 'Free Schools in pre-opening for
2013' and asked that the Department either action your request without
further delay or provide a full justification as to why providing the
information you asked for on Project Development  Grants is not in the
public interest .

 

The Department has now completed its internal appeal process and has
carried out a thorough review of the case, chaired by a senior officer who
was not involved with the original request. 

 

The panel decided that this FOI request had been handled correctly
although it was noted that there has been a delay in the decision process
which involved checking which elements, if any, were exempt. It also
decided that it was correct to withhold some of the information that you
requested because an exemption under Section 22 applies. The application
of the s22 exemption has been explained in the letter you will have
received on 27^th November but in summary, this is because the panel has
agreed that the public interest rests in formal publication when figures
are finalised rather than the release of partial information over a
protracted time period as this would be likely to be misleading and
inaccurate.

 

If you are unhappy with this decision, you have the right to appeal
directly to the Information Commissioner. The Information Commissioner can
be contacted at:

 

            The Case Reception Unit

            Customer Service Team

Information Commissioner’s Office

            Wycliffe House

            Water Lane

            Wilmslow

            Cheshire

            SK9 5AF

 

Further information about the Information Commissioner’s complaints
procedure can be found on the Information Commissioner’s Office website:
[1]http://www.ico.gov.uk/complaints/freedom...

 

 

Yours Sincerely

 

Sheila Carroll
Free Schools Group
[email address]
[2]www.education.gov.uk

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.ico.gov.uk/complaints/freedom...
2. http://www.education.gov.uk/