The Trust

STRUCTURE, GOVERNANCE AND MANAGEMENT

Constitution

The academy trust is a company limited by guarantee and an exempt charity. The charitable company’s memorandum and articles of association are the primary governing documents of the academy trust. The trustees of The Business Academy Bexley Limited are also the directors and governors of the charitable company for the purposes of company law. The charitable company is known as Bexley Business Academy. The Trust also has a subsidiary company, Bexley Business Academy Education Services Ltd, which is currently dormant.

Method of Recruitment and Appointment or Election of Trustees

The Articles of Association and Funding Agreement allow for:

• The sponsor to appoint up to 6 governors. There are currently x governors appointed directly;
• Other governors to be elected or co-opted by the existing Board.
• Appointment of up to 2 parent and 2 staff governors. The terms of reference approved by governors provides for this to be done by election of the representative group.
• The Secretary of State to appoint a governor. The Department for Education has not exercised this right during the reporting period.

With the exception of governors appointed by either the sponsor or the Secretary of State, governors serve a term of four years, and can offer themselves for re-election at the end of that period.

Organisational Structure

Governors are responsible for the strategic direction of the Academy, and the Principal is responsible for the delivery of the strategy and the operation of the Academy.

Governors are also responsible for ensuring the Academy’s funds are used only in accordance with the law, the articles of association, the funding agreement and the Financial Handbook for Academies published by the Education Funding Agency (EFA). Governors are trustees of the charity and directors of the company, and are therefore bound by the responsibilities and duties governed by the respective legislation. 

Governors meet three to four times per year, and have also established a Finance and General Purposes Committee and a Curriculum, Quality & Standards Committee.

The trustees have designated the Principal as the Accounting Officer, who is accountable to Parliament for the proper conduct of the Academy, including achievement of value for money, and compliance with the regularity and propriety frameworks applicable to academies. This includes a personal responsibility for ensuring compliance with the EFA Academies Handbook and Funding Agreement requirements

The governance structure operating within the Academy allows for the governors and the Principal to fulfil their respective responsibilities. In particular, the close working arrangement between the chair of governors and the Principal ensures collective and individual responsibilities converge appropriately.

The Academy operates a series of delegated financial authorities to ensure that budgetary responsibility is placed to ensure governors can fulfil their responsibility and, at the same time, the Academy executive can make appropriate decisions to operate the business efficiently and effectively. This includes thresholds, above which approval is required by the Finance and General Purposes Committee and the Board of Governors.

The Academy leadership is responsible for the internal organisation, management and control of the Academy. The team is also responsible for the implementation of all policies approved by governors.

The sponsor, Sir David Garrard through his Garrard Family Foundation, provides support to the Academy and its trust, including significant, generous financial support. Sir David is not a governor, but does attend governor meetings in his capacity as sponsor and member. Sir David receives no remuneration or other benefit in return for his sponsorship, and has no individual voting rights. The Articles of Association allow for Sir David to appoint governors, as explained above, which he exercised on establishment of the Academy Trust and occasionally since in order to maintain an appropriate number of governors, with the approval of existing governors .