Following OnTheWight’s enquiries into the imminent freehold transfer of Cowes Enterprise College at tonight’s emergency Executive meeting the council have issued a press release.
Not directly answering any of the four questions posed (see earlier article), the council simply say that Ormiston have insisted on Freehold transfer of the £32m school.
A spokesperson for the Isle of Wight council says,
The government’s expectation is that locally agreed solutions can be found to securing an effective transfer of land and property but where this is not the case, then the Act states that the Secretary of State has powers to direct the transfer of the land.
Ormiston Academies Trust (OAT) has declined the leasehold transfer originally offered to it and has asked for the freehold of the site. This means if the council does not agree to a freehold transfer the Secretary of State will direct that it transfers the freehold to OAT so the council has effectively no choice.
The council have not indicated that they’ve spoken with the Secretary of State about this issue. They simply state that under law he could have the power to direct the transfer.
Below is the press release issued by the Isle of Wight council. Ed
Members of the Isle of Wight Council’s Executive are meeting tonight (16 July) to discuss a proposal that aims to help improve educational standards at Cowes Enterprise College.
Executive members will debate the proposed transfer of Cowes Enterprise College to the Ormiston Academies Trust, ahead of the college becoming an academy from 1 September.
Councillor Richard Priest, Executive member for children’s services, said:
‘The most important outcome of the proposed transfer of Cowes Enterprise College to Ormiston Academies Trust is that it will bring an end to a significant period of uncertainty and allow the school to concentrate on improving the educational attainment of young people in the Cowes area.
“Our number one priority as an administration is to improve educational standards and we must work with Ormiston to achieve this and not be diverted from that focus especially when the government and not the council has the ultimate say over who should own the land and buildings”.
The existence of the Cowes Pathfinder Trust means that for the purposes of the Academies Act 2010, the land and buildings at Cowes Enterprise College (CEC) are classed as public land held by a governing body. The Act therefore provides that the transfer of the land and buildings at CEC may be by leasehold or freehold.
The government’s expectation is that locally agreed solutions can be found to securing an effective transfer of land and property but where this is not the case, then the Act states that the Secretary of State has powers to direct the transfer of the land. Ormiston Academies Trust (OAT) has declined the leasehold transfer originally offered to it and has asked for the freehold of the site. This means if the council does not agree to a freehold transfer the Secretary of State will direct that it transfers the freehold to OAT so the council has effectively no choice. This is summarised in paragraphs 15 and 16 of the report, which can be read at http://www.iwight.com/Meetings/committees/Executive/16-7-14/PAPER%20A.pdf
The new academy can only use the land for educational purposes and cannot dispose of any land and buildings without the written consent of the Secretary of State. Should the academy close then the Secretary of State could direct the transfer of the site to another school, back to the council or that the academy pay the council for the whole value of the site.
The meeting will be held at 5pm at County Hall in Newport and members will be asked to vote on whether to agree to the transfer.
