Meeting documents

Delegated Decisions by Cabinet Member for Schools Improvement
Tuesday, 6 May 2008

 

Return to Items for Decision

 

Division(s): Bloxham

 

ITEM CMDSI4

 

CABINET MEMBER FOR SCHOOLS IMPROVEMENT  – 6 MAY 2008

 

CHRISTOPHER RAWLINS CE (AIDED) PRIMARY SCHOOL-EXTENSION OF THE AGE-RANGE OF THE SCHOOL BY THE ADDITION OF A NURSERY CLASS

 

Report by Director for Children, Young People & Families

 

Introduction

 

1.                  The school previously had a foundation unit which was jointly managed   by the Adderbury Pre-School Committee and the Governing Body of Christopher Rawlins C of E (Aided) Primary School. The Adderbury Pre-School Committee voted on 22 January 2007 to close the Pre-School and requested the Governing Body of Christopher Rawlins C of E School to extend their age range to include three year olds. The Governing Body were supportive of this proposal and consulted more widely with local schools, the Local Authority, Oxford Diocese and other interested parties.  The proposal has the effect of changing the age range of the school from 4-11 to 3-11.  It is anticipated that this proposal will improve the quality of early years school provision in this area and contributes to the achievement of ‘Every Child Matters’ principles and the Children’s and Young People’s Plan.  

 

2.                  No adverse comments were received so the Governing Body published notices on 26 April 2007.  No comments were made during this period, but unfortunately it coincided with the abolition of the School Organisation Committee before the new decision making process was established.  Therefore, it was not considered within the necessary time period – although, in effect, it has acted as a further element in the consultation process.  As a result of the Pre-School closing on 31 August 2007, the Governing Body took over the exclusive running of the Foundation Unit and have been running it on a temporary basis since (this temporary basis is allowed for up to two years).

 

3.                  Statutory notices were republished on 22 February 2008 and comments invited by 4 April 2008

 

4.                  The decision-making power in terms of determining the Notice now lies with the Cabinet or can be delegated to the Cabinet Member for ‘Schools Improvement’. 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 or Cabinet Member 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 2007 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.

 

5.                  The notice was published in the Banbury Guardian on 22 February 2008 and expired following 6 weeks of formal consultation on 4 April 2008 (Annex 1) (download as .doc file).  In accordance with new legislation the notice was posted at the school gate and in the local library. A copy of the proposal (attached at Annex 2) (download as .doc file) and the notice was sent to the Local Authority and the Secretary of State. No responses to the formal consultation have been received. 

 

The Proposal

 

6.                  The school currently admits children in the September after their 4th birthday. The proposal is to make current temporary provision for 20 full time equivalent nursery pupils (or 40 part time nursery pupils) permanent. 

 

Making a Decision

 

7.                  In terms of reaching a decision all proposals should be considered on their merits but the following factors should be borne in mind but are not considered to be exhaustive. The Cabinet Member for Schools Improvement 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 make a decision on the proposals.  Alternatively the Decision Maker may take into account the sufficiency and quality of the consultation as part of their overall judgement of the proposals as a whole.

 

8.                  The effect on standards, school improvement and diversity. The government aims to create a dynamic system shaped by parents that delivers excellence and equality closing weak schools and encouraging new providers and popular schools to expand. Decision Makers should be satisfied that the proposals will contribute to raising local standards of provision and improved attainment and consider the impact on choice and diversity. They should pay particular attention to the effect on groups that tend to under-perform including children from certain ethnic minorities and deprived backgrounds. The decision-maker should consider how the proposals will help deliver the ‘Every Child Matters’ principles.

 

9.                  School characteristics. The decision-maker should consider whether there are any sex, race or disability discrimination issues that arise and whether there is supporting evidence to support the extension and take into account the existence of capacity elsewhere. The decision-maker needs to consider the accessibility of the provision for disadvantaged groups as the provision should not unduly extend journey times or cost. 

 

10.             Funding and land. The decision-maker should be satisfied that any capital required to implement the proposals will be available. 

 

Financial and Staff Implications

 

11.             There are no further financial and staffing implications other than those entailed in the existing temporary arrangement. 

 

RECOMMENDATIONS

 

The Cabinet Member for Schools Improvement is RECOMMENDED to either:

 

(a)               reject the proposals;

 

(b)              approve the proposals;

 

(c)               approve the proposals with a modification (e.g. the proposal implementation date); or

 

(d)              approve the proposals subject to them meeting a specific condition.

 

JANET TOMLINSON

Director for Children, Young People & Families

 

 

Background papers:             Minutes of extraordinary general meeting of Adderbury pre-school, 22 January 2007, Letter to school governors 23 January 2007, minutes of meeting of school governors 24 January 2007, letter to management committee of Adderbury Pre-school 30 January 2007

 

Contact Officer:                     Allyson Milward, Principal Property & Assets Officer, Raising Achievement Service,  01865 816447

 

May 2008

 

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