DRAFT ITEM CH8
CABINET – 20 NOVEMBER 2007
OUTCOME OF FORMAL CONSULTATIONS (VIA STATUTORY NOTICES) ON PROPOSALS FOR PEERS SCHOOL TO BECOME AN ACADEMY SUBJECT TO CONSENT FROM THE SECRETARY OF STATE
Report by Director for Children Young People & Families
Introduction
1. The Cabinet agreed at its meeting on 18 September to the publication of a statutory notice to close Peers School from 31 August 2008. This would be a key decision in enabling the Oxford Academy to open on the same site on 1 September 2008. Peers School is a co-educational comprehensive school with 730 currently on roll and a capacity of 1220.
2. The decision-making power in terms of determining the notice now lies with the Cabinet or may be delegated to the Cabinet Member for Schools’ Improvement if thee are no formal objections. This follows decisions taken by the Cabinet in July under new legislation encompassed in the Education & Inspections Act 2006 (EIA 2006) whereby School Organisation Committees were abolished and arrangements became the responsibility of the relevant local authority. In meeting as ‘decision-maker’ the Cabinet must have regard to government guidance and statutory timescales otherwise a decision can be referred to the independent Schools’ Adjudicator for reconsideration. At its meeting in July the Cabinet confirmed that in considering notices as ‘Decision-maker’ it was necessary for the Chairman of the Council to determine that the decision could not be subject to ‘call-in’ as this would, in most cases, mean that the Cabinet’s role would be negated by referral to the Schools’ Adjudicator. The Cabinet decision must be made within 2 months of the close of the notice period. Where the proposal is considered under Paragraph 8 of Schedule 2 to EIA 2006 i.e when there are objections then there is the right of appeal to the Adjudicator by the Dioceses, the LSC or governors of Foundation or Voluntary school that is to be closed (not applicable in this case).
3. The notice was published in the Oxford Times on 28 September 2007 and expired following 6 weeks of public consultation on 9 November 2007 (see Annex 1 (download as .pdf file)). In accordance with new legislation the notice was posted around the school and the local library. All parents and staff at the school and local partner schools have been informed of the Cabinet’s decision, the implications of the notice and how to respond. A similar letter went to all the City schools. During the notice period a further series of public meetings have taken place along with ongoing stakeholder meetings with parents, staff, students and the local community. As part of the new proposal statutory information has been produced which includes most of the key information required by the ‘decision-maker’ (Annex 2) (download as .doc file). This was available to all who requested it, (see statutory notice) and was sent along with a copy of the notice to:
· The governing body · The Oxford Diocese and the Catholic Bishop of Birmingham · The Learning and Skills Council · The Secretary of State for Children, Schools & Families
(Additional Appendix - download as .doc file)
Making a Decision
4. In terms of reaching a decision all proposals should be considered on their individual merits but the following factors should be borne in mind but are not considered to be exhaustive. The Cabinet must be satisfied that the statutory consultation has been carried out prior to the publication of the notice. Details of the consultation should be included in the proposals. The Decision Maker must be satisfied that the consultation meets statutory requirements. If some parties submit objections on the basis that consultation was not adequate, the Decision Maker may wish to take legal advice on the points raised. If the requirements have not been met, the Decision Maker may judge the proposals to be invalid and should consider whether they can decide the proposals. Alternatively, the Decision Maker may take into account the sufficiency and quality of the consultation as part of its overall judgement of the proposals as a whole.
· The effect on standards and school improvement. The Government aims to create a dynamic system shaped by parents that delivers excellence and equality closing weak schools and encouraging new providers. Decision Makers should be satisfied that proposals for closure will contribute to raising local standards of provision and improved attainment. They should pay particular attention to the effect on groups that tend to under-perform including children from certain ethnic minorities and deprived backgrounds. · Academies. Where an Academy is to replace an existing school the proposals should indicate whether pupils attending the school will transfer to the Academy and what arrangements are in place for pupils who are not expected to transfer. If provision for pupils is dependent on the establishment of an academy, any approval of the closure proposals should be conditional on the Secretary of State making an agreement for an academy, but there should be a general assumption in favour of approval. · Diversity. The decision maker should consider how proposals will impact on local diversity offering excellence and choice and how the range of schools in the relevant area will impact on the aspirations of parents, raise local standards and narrow the attainment gap. · Consider the ‘Every Child Matters’ principles. In particular how pupils will reach their potential and consider impact in particular on displaced pupils. · The need for places. Education must be supported cost-effectively and surplus places represent poor use of resources and proposals to close schools with more than 25% surplus places will normally be approved. · The impact on the local community and travel. The effect on families particularly in respect of the impact on provision of extended services. The impact on community cohesion and travel need to be considered, relevant if pupils displaced and consideration to any sex, race or discrimination issues that might arise. · 14-19 and post 16. The decision maker must consider what measures are being proposed to ensure that opportunity for students in this age group are not reduced by closure though absence of such measures should not prevent closure of a poorly-performing school.
5. The Decision Maker should consider the views of all those affected by the proposals or who have an interest in them including statutory objections. The decision maker should not simply take account of the number of people expressing a particular view but instead should give the greatest weight to representations from those stakeholders likely to be most affected by the proposals.
Comments
6. Comments received at the informal consultation were made available to the Cabinet for its July meeting where it considered whether to proceed with statutory notices. These responses are still in the Members’ Resource Room. No objections have to date been received as a result of the publication of the statutory notice. Full details of any objections and comments on them will be presented at this meeting.
7. It will be necessary to ensure accommodation issues of other users on the site are resolved particularly in relation to Mabel Prichard Special School. The current proposal is to continue to co-locate the school in new buildings alongside the Academy funded by the County Council. The Cabinet will also need to approve the Outline Business Case as a project approval on 16 January. This will scope how the academy will be delivered and the potential costs of this and accommodating other users. This will be an important decision but fits in with the required decision-making process as the Secretary of State’s agreement will only come after approval of the business case.
8. All decisions must state the reasons for the decision indicating the main factors/criteria for the decision and copies of that decision to those bodies sent copies of the original proposal and any objectors.
Financial and Staff Implications
9. There are no financial or staff implications arising from this report but the implications of developing the academy will be reported as part of the outline business case to Cabinet on 16 January 2008.
RECOMMENDATION
10. The Cabinet is RECOMMENDED to consider the proposal for the closure of Peers School on 31 August 2008 in accordance with its duties as decision-maker in the context of the Education and Inspections Act 2006 and decided whether to:
(a) reject the proposal;
(b) approve the proposal conditional on the making of an agreement under Section 482(1) of the 1996 Act for the establishment of an Academy, where the proposal in question provides for some or all of the pupils currently at the school which is the subject of the proposals to transfer to the Academy and set a date by which the condition should be met; or
(c) approve the proposals (as above) but with modifications (e.g. the school closure date).
JANET TOMLINSON Director for Children Young People & Families
Background papers: Nil
Contact Officer: Michael Mill, Strategic Manager (Property & Assets) Tel: (01865) 816458 Shannon Moore, Assistant Head of Service (Learning & Achievement) Tel: (01865) 428084
November 2007 |