Is our contract with EMBC or the LA?

[sjb]

Just wondered if anyone knows whether schools in Leics have a contract with the LA or direct with EMBC for their broadband service? Can't find any paperwork about this in our files, and wasn't around when we first signed up in 2006.

 

My school is trying to give notice to cancel and being told different things by the LA and by EMBC (LA says 3 complete calendar months notice, EMBC terms of service and academy adviser say 50 days). Difference is crucial to us as we are looking to convert to academy status on 1 June, which the LA says means we can't give notice to them as we won't be a maintained school for the whole notice period.

 

Any advice would be much appreciated!

[synaesthesia]

very slight ignorance but wouldn't conversion to academy therefore make you an entirely different body therefore the contract wouldn't be with you - therefore as soon as that happens, you don't have a contract with them?

[sjb]

As I understand it, the academy takes over all of the assets and liabilities of the school so although it is a new legal body the contract still applies.

[plexer]

Rubbish, we are in the notice period for norfolk and converted on the 01/03

 

Ben

[sjb]

That's interesting... Did you give notice direct to EMBC? Is there a special procedure to follow, or did you just let them know in writing?

[plexer]

Our "contract" for services is with norfolk county council, we had to give 3 months notice for the BT circuit.

 

Ben

[TonySheppardNCC]

Short answer ... it will vary depending on your LA as you may be buying in some services via your LA (or buying back services depending on whether you are a school / academy / etc).

 

I can only specifically talk about Northants (hence the account) and we are not involved in signing or running the contract on behalf of schools other than allowing maintained schools to draw down from the framework (formal notification to follow directly to schools in Northants, other LAs may have already given this notification) which is a legal requirement on our part. We are involved in the procurement to ensure suitability (which it is), to ensure flexibility and options for schools (which it gives for our schools) and to help schools make choices about their options (see previous posts on my main account for the toolkit from the Schools Broadband Working group).

[36Degrees]

As I understand it, the academy takes over all of the assets and liabilities of the school so although it is a new legal body the contract still applies.

 

Surely you have some lawyers helping with Academy conversion? I don't know but I'd expect them to say that School X is closing on the 31st May and will no longer exist so the contract terminates on that day. On the 1st June Academy X then opens and a contract with their preferred ISP begins.

[TonySheppardNCC]

If a school has commitments which may cost the same or more to extract early then the Academy might seek to continue with a contract until its natural end or the next stop point.

 

This is why some schools are not full Acadmies yet due to arrangements around PFI not being agreed with the PFI contractor.

[Gibson335]

I can only speak for us: we became an Academy on 31 July last year, and had to have a new contract directly with EMBC from 1 August. We could have chosen to leave EMBC, but would have assumed some financial committment depending on notice given.

[Gibson335]

Can anyone - perhaps a moderator - explain just what the hell is going on here? I've received two thread update notifications now that no longer feature on these message boards. Both of them mentioned either being contacted by or monitored by the LA, and both have mysteriously vanished from the board it would seem. Were they wiped or withdrawn I wonder. I'm interested only because it sounds vaguely sinister to me that two posts from two different people on two different threads just disappear in a puff of smoke, and both (coincidentally?) mentioned this LA intervention.

[synaesthesia]

Same person on both threads, nothing *too* much to worry about - I think the person involved was probably a bit more worried than anything else. Regardless of moving away from your LA's contracts etc, it's usually best not to be saying too much negative about them on a public forum.

[Gibson335]

Same person on both threads, nothing *too* much to worry about - I think the person involved was probably a bit more worried than anything else. Regardless of moving away from your LA's contracts etc, it's usually best not to be saying too much negative about them on a public forum.

 

I understand not being overly negative, but if they are genuine honest opinions and facts and nothing libelous then why should we fear the hand of Big Brother? What's wrong with ocassionally revealing Oz behind the curtain?

[sjb]

No conspiracy, just thought better of posting. For the record, nothing I have posted has contained anything negative about any person or organisation. But no point causing any unnecessary trouble for myself or my school.