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I have a decision to make in relation to an academy conversion and i need clarification on the applicable law and the LA may or may not be able to do in the circumstances.
LA owns a school building and land including a playing field Some 15 years ago half of the sch (Junior school) was transferred to the Diocese. The other half (infant school) was maintained by the LA. The conveyance gave the junior school rights to use 3 changing rooms in the infant school.
The junior school frequently used these rooms to the extent that when the infant sch needed to use the rooms they had to get permission from the junior school. Sometimes they were denied. Now the Junior sch is converting to an academy. The Diocese's assets are now being transferred to the Academy Trust. They are however demanding that the LA transfer the freehold interest in the 3 rooms to them as this is mandatory under legislation (School and standards framework Act).The LA's contention is that the SSFA is not applicable and that the applicable law is the Academy Act. The LA have agreed to maintain the status quo. Retain ownership of the 3 rooms and allow the junior school access to those rooms under a shared use agreement. Is the LA right or are they under an obligation to transfer the 3 rooms.
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