The DfE has confirmed that the competitive CIF bidding model will be replaced in 2028 by a new data-led maintenance funding programme designed to make funding easier to access for eligible responsible bodies. In the meantime, institutions  securing funding under the existing system should ensure that they continue to approach projects with the same level of care and diligence as any other capital works scheme.

We set out below 10 key legal issues schools and sixth-form colleges  should keep front and centre. 

1. Procurement rules still apply

Depending on the value and nature of the works, schools and sixth-form colleges may need to comply with procurement legislation, academy trust financial requirements, the College Financial Handbook, internal governance procedures and DfE funding conditions. Competitive tendering, obtaining value for money and maintaining an auditable decision-making process therefore remain essential.

2. Choosing the right consultant team is about more than winning funding

One of the most important decisions on many CIF projects is made before the funding application is submitted. Schools and sixth-form colleges frequently appoint specialist consultants to prepare condition surveys, identify project requirements and draft CIF applications. While securing funding is understandably the immediate objective, institutions  should consider the wider role those consultants may ultimately play. The consultant supporting the CIF bid may later act as the Project Manager or Contract Administrator for the project.

Schools and sixth-form colleges should therefore ask not only whether a consultant can secure funding, but also whether it has the skills, experience and resources to manage the project through to completion. The consultant's role will typically include dealing with the appointed contractor or contractors - certifying payments, assessing extensions of time, issuing instructions and certifying practical completion. It is therefore important that the right party is appointed to this role.

3. Conflicts of interest and professional independence

Schools and sixth-form colleges should consider whether consultants involved in the funding application have existing relationships with contractors that may later tender for the works. While such relationships are not necessarily problematic, institutions  should ensure that procurement remains transparent and that professional advisers act solely in the school's or college’s interests. This issue has become increasingly relevant following investigations into alleged bid-rigging and procurement irregularities connected with certain CIF-funded projects. The Competition and Markets Authority has announced investigations into suspected bid-rigging involving contractors and technical advisers associated with CIF-funded roofing and other construction services.

Robust procurement governance and independent professional advice are therefore essential to reducing risk.

4. Selecting the appropriate construction contracts

Institutions should ensure that the project contracts are appropriate and fit for purpose, particularly the consultant appointments and building contract(s). Many construction disputes arise from inadequate contractual documentation. Schools and sixth-form colleges should ensure that the Project Manager/Contract Administrator appointment is suitable (which may involve putting in place a separate contract beyond the original letter of appointment for the CIF consultants). Institutions  should also typically avoid relying solely on contractor quotations, which often do not adequately protect their position, and should instead use a suitable formal construction contract. They should also consider obtaining collateral warranties from key subcontractors, particularly those with design responsibility, and performance security from the contractor (such as a bond or parent company guarantee) where appropriate.

5. Understanding design responsibility

Even apparently straightforward condition works may involve significant design, including roof replacement, fire safety improvements and mechanical and electrical upgrades. Institutions  should ensure that there is a clear understanding of: (i) who is responsible for the design of each element; (ii) the required standard of care; (iii) how compliance with statutory requirements will be achieved; and (iv) the level of professional indemnity insurance required from the project team.

6. Building safety and regulatory compliance remain the school's responsibility

DfE funding does not transfer compliance obligations away from the responsible body. Depending on the nature of the project, institutions  may need to consider the Building Regulations, fire safety legislation, planning permission, listed building consent and accessibility obligations under the Equality Act. With appropriate technical support, schools and sixth-form colleges should confirm early on which requirements apply and allocate responsibility for compliance appropriately across the professional team.

7. The importance of the CDM Regulations 2015

For CIF works, the school or sixth-form college will often be the ‘client’ under the Construction (Design and Management) Regulations 2015. It must make suitable management arrangements, appoint competent Principal Designer and Principal Contractor dutyholders where required, provide pre-construction information and obtain the health and safety file.

8. Managing risk on occupied school sites

Construction projects in schools and sixth-form colleges present particular operational challenges because they are often delivered in occupied environments. Such sites require controls for safeguarding, access, security, noise, asbestos and emergencies, among other matters. Where completion dates are linked to the start of a new term, they should be realistic and supported by clear delay and recovery provisions, including appropriate liquidated damages payable by the contractor for delay.

9. Protecting the school against defects

Although CIF funding comes from the DfE, schools and sixth-form colleges typically contract directly for the construction work. Institutions  should therefore secure appropriate contractual protections, including product warranties and guarantees, a clear defects regime, and obligations on the contractor to provide suitable completion records, including as-built information, testing and commissioning records, and operation and maintenance manuals.

10. Complying with governance responsibilities

As well as any existing governance responsibilities, institutions  should ensure that they comply with any applicable CIF grant conditions and reporting requirements.

Looking ahead: CIF's replacement in 2028

While schools and sixth-form colleges continue to access capital funding through the existing CIF programme, significant changes are on the horizon. CIF is expected to be replaced by a new capital maintenance funding programme by autumn 2028. The future system is expected to use condition data collected and shared by responsible bodies, enabling maintenance funding to be allocated through a more data-led process. Institutions should therefore maintain accurate and up-to-date condition surveys, asset registers and maintenance plans, while monitoring further guidance.

Ultimately, while the funding route may change, the principles outlined above are likely to remain just as relevant.

Conclusion

Securing CIF funding is a significant achievement, but it should be viewed as the beginning of the project rather than the end of the risk-management process. Clear governance, compliant procurement, effective contracts and robust project administration remain essential.

As one of the UK's largest and most experienced legal education teams, we have significant experience in supporting clients on projects of this kind. Please contact the individuals below if we can assist.

We are an appointed supplier on a number of national legal services frameworks for the education and public sectors, including frameworks available to further education colleges, universities, schools, academy trusts and other public bodies (such as Cresent Purchasing Consortium, the Government Commercial Agency Framework and others). As such we can often provide a compliant and efficient route to instructing us without the need for a separate procurement exercise.