Helping you prosper
The Department for Education (DfE) has published new good practice guidance on reducing procurement risk for academy trusts, providing a useful reminder of the governance and controls expected around procurement.
Published on 15 July 2026, the guidance is aimed primarily at those involved in procurement, including business managers and finance staff, but it also has important implications for trustees. The DfE highlights trusts’ responsibilities for managing public money and ensuring that procurement decisions are well governed, transparent and deliver value for money.
The guidance is not a replacement for legislation or the Academy Trust Handbook (ATH), and it does not create new statutory requirements in itself. However, it provides a useful benchmark against which trusts can assess whether their existing procurement arrangements are sufficiently robust.
The four stages of procurement
The guidance follows four stages of the procurement lifecycle:
Plan → Define → Procure → Manage
This is a helpful reminder that procurement risk extends well beyond the tendering exercise itself.
At the planning stage, the DfE recommends trusts have a clear procurement policy, appropriate standard templates, a contracts register and a forward procurement pipeline. A good contracts register should identify contract values, renewal and termination dates, contractual obligations and responsible contract owners.
During the define stage, trusts need to consider conflicts of interest and whether expenditure should be aggregated when assessing procurement thresholds. Importantly, the DfE makes clear that the trust remains the contracting authority even where purchasing has been delegated to individual schools.
The guidance also makes clear that an annual declaration of interests is not sufficient on its own. Procurement-specific conflict assessments should be carried out and kept under review throughout the procurement process.
When trusts procure, the DfE emphasises the importance of documenting why the particular route to market was selected. This includes the use of frameworks and direct awards. Direct awards under the Procurement Act should only be made where a lawful justification exists, with evidence retained to support the decision.
The guidance also contains a useful reminder that using a framework does not remove the trust's responsibilities. Proportionate checks should still be undertaken to ensure that the framework is appropriate and lawful. Trusts should consider using a DfE approved buying option where one is available.
Finally, the manage stage highlights the importance of monitoring supplier performance and managing contracts effectively. Procurement does not end when a contract is signed.
Documentation is key
One of the strongest themes throughout the guidance is the importance of maintaining a clear audit trail.
For significant procurements, the DfE suggests retaining evidence covering the planning process, conflicts of interest, market engagement, the chosen procurement route, tender documentation, evaluation and moderation, supplier communications, the final contract and ongoing contract management.
This is particularly relevant given the requirement in the 2026 ATH for trusts to consider DfE opportunities when making purchasing decisions and record their decision-making.
This does not necessarily mean creating a lengthy procurement file for every low-value purchase. Rather, trusts should ensure that the level of documentation is proportionate to the value, complexity and risk of the procurement.
What should trustees do now?
The publication of the guidance provides a good opportunity for trustees to undertake a procurement health check.
Boards should consider asking management:
- Do we have a current procurement policy which clearly sets out responsibilities, approval requirements and procurement thresholds?
- Do we have a comprehensive contracts register, including renewal dates and contract owners?
- Are we considering spend across the whole trust when assessing whether procurement thresholds have been reached?
- Are procurement-specific conflicts of interest being identified and documented, rather than relying solely on annual declarations?
- Can we demonstrate why a particular procurement route was chosen, particularly where a direct award or framework has been used?
- Are DfE-approved buying options being considered where relevant?
- Are significant contracts actively managed and is supplier performance monitored?
- Most importantly, could the trust demonstrate how and why a significant procurement decision was made if challenged?
A useful opportunity to review procurement arrangements
The DfE's new guidance provides trustees with a practical framework for assessing whether the trust's procurement arrangements are proportionate, well controlled and capable of demonstrating value for money.
A review of a sample of recent significant procurements against the four stages – plan, define, procure and manage – could quickly identify areas where policies, documentation or oversight need to be strengthened.
For trustees, now is a good time to ask: could we demonstrate, with the evidence available, that our significant purchasing decisions were properly planned, compliant, transparent and represented value for money?
If you would like to discuss procurement in the academy sector further please get in touch with one of our academy experts.
