Purpose

In accordance with Cabinet Decision 33/11 of
the report ‘Revision to Service Tenancy Agreement within
Learning and Culture Directorate’, March 2011, the Children
and Education Directorate no longer offers service tenancies to
site managers: and

Any vacant service tenancy accommodation should be disposed of
where it is deemed that the property is surplus to Council
requirements.

Cabinet Decision 49/12, (recommendation 2.2), resolved that subject
to the Director of Homes and Communities confirming that a property
is suitable to be utilised as part of the Council’s existing
housing stock, any future caretaker properties no longer to be
occupied by virtue of a service tenancy agreement be appropriated
from Education purposes to Housing purposes.

A Housing Management and Maintenance Surveyor inspected the
property and following discussions at Housing’s asset
management meeting colleagues agreed in principal to the property
becoming part of the housing stock. A report was submitted to the
Land and Asset Management Officers Group in March 2023. The Group
agreed that an appropriation to Housing purposes would be the most
appropriate use of the property.

Department / Secretary of State for Education consent to the
appropriation is required under paragraph 6 of Part 1 Schedule 1 to
the Academies Act 2010; local authorities must seek the Secretary
of State’s prior consent to appropriate of land they hold
where it has been used wholly or mainly for the purposes of a
school or 16-19 academy in the last eight years, whether still open
or now closed.

Following clarification from the Land Transaction team at the
Department of Education an application must be submitted using Form
L to the Secretary of State for Education. This has been drafted
with letters from the Trust and the Academy confirming its
understanding of the intention to appropriate and that it does not
have an educational need for the property.

Content

That approval be given to the Chief Finance
Officer to appropriate 62 Lower High Street, Wednesbury WS10 7AL
from Education purposes to the Housing Revenue Account, subject to
receipt of the Department for Education’s consent under
paragraph 6 of Part 1 Schedule 1 to the Academies Act
2010.