Academy trusts should be aware of their duty under their funding agreements to comply with Charity Commission guidance on the reporting of serious incidents to the ESFA.
On 3 June, the Commission published supplementary guidance for trustees on what matters might need to be reported during the coronavirus pandemic.
The Commission's key messages which apply to academies are that:
- Action to meet government rules (such as closing premises) is not in itself a significant incident. Trustees must consider whether the impact of such action merits a report.
- The thresholds relating to financial losses that don't involve a crime are suspended. Trustees should focus on the significance of the impact of loss, not the amount.
- Trustees remain ultimately responsible for the decision to report or not report an incident. If that is delegated, it must be reported back to the trustees.
- Where trustees have considered whether an incident is reportable and determined it is not, a record of this decision and the trustees' reasons for it should be made.
The supplementary guidance includes a useful supplementary examples table which we recommend all trustees and senior leaders review. Of particular note is that all of the following are to be reported to the ESFA:
- outbreaks of coronavirus
- the closure of school (other than in accordance with the government's expectations)
- the loss of a substantial proportion of income.
For further coverage on this guidance, please see our previous
articles:
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.