It is simplistic and misleading to suggest a stark choice between statutory corporations, which are prone to "improprieties and breakdown" and where chief executives dominate "pliant" governors, and chartered corporations, which are not and where the community of scholars secures collegiality and a top place in the academic league tables.
There is no reason why the governing instrument of a statutory corporation should not encourage a dialogue between governing bodies and their academic communities and result in high performance, just as there is no reason why the charter and statutes of a pre-1992 university should not be operated in a way that leads to mismanagement, inefficiency and underperformance.
It was not the legal structures introduced under the Education Reform Act but a cavalier disregard by a few governors and managers of the roles and responsibilities allocated to them that has caused so much damage.
John Hall
Head of education law department
Eversheds