Conversion to an ‘empty’ MAT

Structural reform in education is rarely straightforward. For sixth form colleges in particular, academisation has historically posed a unique set of challenges, given the distinct legal, operational and pedagogical differences between schools and post-16 providers. Against that backdrop, Franklin Sixth Form College’s recent conversion to an ‘empty’ Multi-Academy Trust (MAT) represents a notable and highly unusual development, with potentially wide-ranging implications for the sector.

In December, Franklin Sixth Form College in Grimsby completed its conversion from a statutory sixth form corporation to an academy trust, becoming only the second sixth form college in England to do so using an ‘empty MAT’ structure. The conversion coincided with the opening of a new campus building and marked a significant strategic shift in how the college intends to deliver and extend high-quality 16 to 19 education across the region.

This article examines how the conversion was achieved, why the Department for Education approved a bespoke trust structure, and the key legal and governance considerations for other colleges, schools and local authorities considering similar models.

Background: why sixth form colleges present a different challenge

Successive governments have encouraged schools to join multi-academy trusts to drive collaboration, resilience and efficiency. For sixth form colleges, however, the MAT model has not always been an obvious fit.

Unlike schools, sixth form colleges operate with different funding arrangements, governance histories and community roles. Many act as specialist providers serving multiple partner schools rather than being aligned to a single institution or trust. For some colleges, joining an existing MAT risks diluting that specialist focus or constraining collaboration with neighbouring schools that may sit outside the trust structure.

Franklin Sixth Form College’s solution was to pursue an ‘empty MAT’ model, a trust established without existing academies, designed to grow through partnership rather than absorption. While technically available under the academisation framework, this approach remains exceptionally rare, reflecting both the layered complexity of the process and the level of scrutiny applied by the Department for Education.

The ‘empty MAT’ model in practice

Under Franklin’s model, the college becomes the founding academy within a new multi-academy trust, with the explicit intention of operating as a central hub working in partnership with local secondary schools. Rather than drawing schools into a traditional trust hierarchy, the structure allows for collaborative sixth form provision across multiple institutions while preserving local identity and autonomy.

The Department for Education approved the model on the strength of a detailed business case demonstrating how the trust would deliver educational benefits, robust governance and financial sustainability. Central to that case was the college’s long-standing role within the local education ecosystem and its capacity to support consistent, high-quality post-16 outcomes across the area.

From a legal perspective, the structure required careful consideration of trust objects, governance arrangements and future growth mechanisms, ensuring sufficient flexibility to accommodate new partners while maintaining accountability and compliance.

Governance and accountability considerations

One of the most critical aspects of any academisation process is governance. For an ‘empty MAT’ in particular, establishing a credible and effective board from the outset is essential.

As with all multi-academy trusts, the trust is a company limited by guarantee with exempt charity status. Its directors, who also act as charity trustees, carry statutory duties to safeguard assets, oversee finances and ensure the trust delivers its educational objectives. In Franklin’s case, the transition required the dissolution of the sixth form corporation and the transfer of its functions, assets and responsibilities to the new trust board.

Ensuring continuity of leadership and institutional knowledge was therefore a key priority. The trust board includes individuals with deep familiarity with the college and the local education landscape, providing stability during the transition while also bringing fresh strategic oversight aligned with the trust’s new operating model.

For other institutions considering conversion, this highlights the importance of early board planning, skills audits and succession considerations. An ‘empty MAT’ may offer structural flexibility, but it also places significant responsibility on the founding board to set the trust’s culture, risk appetite and long-term direction.

Consultation and stakeholder engagement

Statutory consultation remains a cornerstone of the academisation process. Sixth form colleges seeking to convert must consult with a wide range of stakeholders, including students, parents, staff, funders and local education partners.

In Franklin’s case, consultation focused not only on the legal mechanics of conversion but also on explaining the rationale behind the chosen structure and how it would benefit learners and the wider community. Transparency around future collaboration, governance safeguards and educational continuity proved critical in building confidence and securing support.

For colleges and local authorities alike, this reinforces the value of meaningful engagement rather than treating consultation as a procedural hurdle. Where proposals involve novel or unfamiliar structures, clarity and consistency of messaging are particularly important.

TUPE, assets and land: managing the legal mechanics

As with all academisations, the conversion required the transfer of staff under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), alongside the transfer of assets, contracts and land interests.

For sixth form colleges, these processes can be especially convoluted, given the significant scale of operations and the variety of commercial arrangements in place. Early identification of land ownership issues, lease arrangements and third-party rights is essential to avoid delays or unintended consequences.

Similarly, managing staff communications and expectations during TUPE is critical, particularly where employees may have concerns about changes to governance or institutional identity. Unambiguous, timely information and alignment between legal, HR and leadership teams are vital in this regard to help mitigate risk and maintain morale.

Collaboration, not consolidation

A defining feature of Franklin Sixth Form College’s approach is its emphasis on collaboration rather than consolidation. The trust model is designed to facilitate shared provision, professional development and resource pooling without forcing structural uniformity.

Over time, the college anticipates that this will deliver vastly improved operational efficiencies and enhanced educational opportunities, including shared expertise, facilities, enrichment activities and employer engagement. Importantly, the model also allows for deeper partnerships with local schools and community organisations, supporting place-based education strategies.

For local authorities and education leaders, this offers an alternative vision of how academisation can support regional coherence without eroding the diversity of provision available - quite the opposite, in fact.

A model to watch, not a template to copy

It would be misleading to suggest that the ‘empty MAT’ model is suitable for all sixth form colleges. The level of scrutiny applied by the Department for Education, the governance demands and the strategic clarity required mean it will remain appropriate only in limited circumstances, not least limited by geographical location and the spread of existing local education provision.

However, Franklin Sixth Form College’s conversion demonstrates that, with a particularly compelling educational vision and robust legal framework, alternative trust structures can be approved and implemented successfully. For colleges operating as regional hubs, or those seeking to strengthen collaboration without joining an existing MAT, the model provides a valuable reference point that may prove utterly invaluable.

Looking ahead

As the education landscape continues to evolve, structural flexibility is likely to become increasingly important. Funding pressures, demographic change and the drive for localised solutions all point towards the need for governance models that balance accountability with adaptability.

Franklin Sixth Form College’s conversion represents a rare but instructive example of how that balance can be achieved. While not a de facto blueprint, it offers critical lessons for colleges, schools and local authorities exploring how best to support high-quality post-16 education within their communities.

Gerry Morrison is a Corporate and Commercial Partner and Head of the Charity Sector at Wilkin Chapman Rollits, which oversaw the legal element of the conversion process. She advises education providers on governance, structural reform and regulatory compliance.