If the school is a community or voluntary controlled school, the local authority will be the current employer of staff, owner of assets and a party to the contracts the governing body of the school has entered into. We would therefore strongly recommend that the school does not convert to academy status without securing these assets. In any event, it is unlikely that the DfE would allow a school to convert unless it receives confirmation that the terms of the Commercial Transfer Agreement have been agreed. In relation to foundation or voluntary aided schools, it is possible to convert to academy status without having the local authority as a party to the Commercial Transfer Agreement. However, where possible, we recommend that the school includes the local authority as a party so that it can obtain contractual comfort in connection with any period which the local authority was the employer of the school’s staff.