We have advised and supported independent schools for many years and understand the breadth of legal issues you may face – from governance and regulatory issues to real estate, construction and employment law.

Expert support on governance and charity law

Specialists from our charities team work regularly with independent schools across Scotland, supporting on governance and charity law matters. Issues can range from day-to-day compliance with OSCR requirements and the recent Charities (Regulation and Administration) (Scotland) Act 2023, to complex mergers and acquisitions. Support can include:

incorporation of trusts or conversions into SCIOs
constitutional reviews of a proposed merger, looking at, for example, the alignment of purposes, current and potential legal structures, and other due diligence aspects
alternatives to mergers or acquisitions, such as partnerships or joint ventures
options for updating restricted or endowment funds
fundraising approaches

In all these, and other, situations we use our understanding of the wider charity and commercial landscape to suggest creative, effective and practical solutions that take account of the financial and policy landscape in which you operate.

Specialist advice on other key issues

Most independent schools’ legal issues extend much further than charity law and governance issues, and we can bring in the expertise of specialist lawyers from across Lindsays to address these. Typical issues on which our experienced legal team can advise and support you include:

employment and HR, including through our fixed-fee prism service. We support multiple schools on employment law issues such as term-time working and holiday pay considerations, employment status (e.g. for visiting music instructors and sports coaches), and redundancies. We can also support with Employment Tribunal cases
property and real estate, including property acquisitions or divestment, tenancies, property disputes, or the handling of real estate assets in a merger
construction law, offering end-to-end support in construction projects from procurement and contracts to dispute resolution
dispute resolution and litigation,helping avoid disputes arising or escalating, whether that be complaints from stakeholders, disputes with suppliers or any other contentious matters. We can advise on any court process and on other forms of dispute resolution such as mediation
GDPR and data protection
contractual issues, including parental contracts and commercial arrangements
intellectual property, which may cover the management and licensing of learning resources and the preparation of technology contracts, and wider brand protection.

In all these legal areas, and others, our advice always takes account of the competitive marketplace in which you operate, and the significance of reputational issues in the education sector.