Meeting documents

Cabinet
Tuesday, 7 February 2006

CA070206-07

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ITEM CA7

CABINET – 7 FEBRUARY 2006

FAIR FUNDING FORMULA IN SCHOOLS – 2006/07 REVIEW

Report by Director for Children, Young People & Families

Background

  1. Under regulations drawn up under the Schools Standards and Framework Act 1998, we must consult with all schools on proposed changes to the Fair Funding Formula. This consultation must be in good time for the start of the new financial year and any changes agreed by the Cabinet. Additionally, following the Education Act 2002 we also have to consult the Schools Forum on all financial matters concerning the ‘Schools Budget’.
  2. Formula review has become a more complex area over the past two years due to the introduction of the Minimum Funding Guarantee (MGF). For 2004/05 and 2005/06 the guarantee was set at a relatively high level which gave us little headroom to make formula changes in the context of the overall settlement for the Schools Budget. The same constraint applies with the introduction of the Dedicated Schools Grant (DSG) for 2006/07.
  3. The provisional local government finance settlement was very much as expected for the Dedicated Schools Grant. There is a 6.8% per pupil increase over the 2005/06 baseline. The Minimum Funding Guarantee has been set at 4.0% for primary schools and 3.4% for secondary and special schools. It is anticipated that sufficient headroom does exist to make the changes outlined below. However, this cannot be said with 100% certainty until the data from the January PLASC (Pupil Level Annual Schools Census) is available and the formula run. The most volatile area of the formula impacting on the MFG is the Special Needs (SN) Index which is derived from PLASC.
  4. Areas of Change Under Consideration for 2006/07

  5. There are three elements to the Review for 2006/07. Firstly, there are a number of areas brought forward by schools and officers which were considered by the Schools Forum on 14 September 2005. Secondly, there are issues brought about by the changes to the Financing Regulations drafted in November 2005 and set also as a result of specific funding announced in the provisional settlement in December 2005. These concern a single pupil count and allocations for Personalised Learning. Thirdly, arrangements for place led funding for nursery schools and 75% protection for pupil numbers in nursery classes from 2004/05 were for two years only. The Executive in January 2004 asked that these arrangements be reconsidered at this time.
  6. Areas considered by Schools Forum

  7. Ten areas were initially identified for consideration by the schools forum, of these it is proposed, following consultation with Cabinet Members, that issues in respect of Federation, Pupil Mobility and Junior Schools should not be taken further. The outcome of the forum’s consideration of the remaining seven issues is set out below. School’s response to this consultation are summarised in Annex I (download as .doc file).
  8. Statementing

  9. This has been a major piece of work led by Simon Adams, Senior Education for Special Education Needs and subject to a separate consultation and reporting process. Cabinet considered arrangements for 2006/07 at its meeting on 20 December 2005.
  10. Social Deprivation

  11. Regulations directed local authorities to have a Social Deprivation factor in their formulas for the first time in 2003/04 to target funding towards schools providing remission of fees for pupils in low income families to go on field trips. Oxfordshire put £100,000 in its formula at that time and allocated it through the SN Index. There had nevertheless been funding within the overall Individual Schools Budget to cover remission of such fees.
  12. Thinking on social deprivation funding has changed in the relatively short period of time since, the focus now being on addressing funding pressures generally in the more deprived areas of the County, and away from the narrow remission of fees approach. The Ofsted LEA Inspection in 2004 criticised Oxfordshire for allocating a relatively small sum to this factor in the formula and spreading it thinly across all schools.
  13. There are a small number of schools across the County where issues of multiple deprivation put great pressure on their resources. They require additional Teaching Assistant capacity beyond that provided by individual pupil SEN Support and have insufficient capacity to manage the greater demands on time for leadership and management. These schools typically have high turnover of senior posts and are often seen as underperforming. Indeed, they constitute the majority of Oxfordshire schools which have been categorised as having serious weakness or being in Special Measures.
  14. The discussion with the Schools Forum explored two options to offer enhanced financial support to those schools with issues of multiple deprivation. The first was to divert funding from Age Weighted Pupil Unit (AWPU) resources into the SN Index. Each 0.25% increase in the SN Index from its current level of a 6.75% uplift on AWPU funding would require £380k. This approach had only a marginal impact on those schools in need and created a large number of winners and losers. The second approach was to utilise the existing £100k and target it to a smaller number of schools, say only to those schools with an individual SN Index of 12% or greater and also add in the first £200k of any headroom.
  15. Further discussion on the issue took place outside ahead of consultation with all schools in November. 30% of the SN Index is based on factors which measure socio economic deprivation. It would, therefore, be more appropriate to target resources using this element of the index. Given the relatively small amount of funding potentially available the targeted number of schools would need to be small for there to be any impact. If the cut off were the 4 secondary and 12 primary schools with the highest index of socio economic deprivation, the secondary schools would receive between £15k and £43k and the primary schools between £7k and £21k. 10 of the 12 primary schools currently identified are also in the lowest 30 schools for percentage L4+ attainment at Key Stage 2 for both English and Mathematics.
  16. There was an unusually low response to the consultation with schools: less than 10% responded. Nevertheless 90% of those who responded agreed that the £100k currently allocated through the SN Index should be allocated through a specific socio economic deprivation factor and targeted to the 12 primary schools and 4 secondary schools with the greatest need. Additionally 90% of schools supported the proposal that the first £200k of headroom for 2006/07 and 2007/08 should be added to the factor. The Schools Forum on 7 December 2005, supported this proposal. The consultation questionnaire results can be found in Annex 1 (download as .doc file).
  17. More recently the DfES and the Treasury have published their much awaited joint Review of Deprivation Funding for Schools. The key issues from the review are being pulled together in a short paper for future circulation. This is an area which will need to be revisited for future formula review. It could be argued that the above proposals do not go far enough.
  18. New Schools

  19. It was very evident from the distribution of the Targeted Transitional Grant for both 2004/05 and 2005/06 that funding on new schools warrants some examination. However, given the extensive list of areas for review and that there are no new schools proposed in the near future, it was agreed that this piece of work be put on hold.
  20. There is an element of new school funding that is more pressing though and needs addressing at this time. The SEN Index is dependent on data for three years which is not, naturally, available for new schools. It is proposed that in the first year of operation the weighted average of the partnership or 6.75% (the average SN Index for the County), whichever is the greater, be used and that in subsequent years the single or two year data would be uplifted appropriately. 100% of schools responding to the consultation supported the proposal and the Schools Forum is also in favour.
  21. School Farm Factor

  22. There was a funded school farm factor in Oxfordshire’s formula up until 1992/93. At that time the factor funded the balance of expenditure after income from sales, for both Burford and the Warriner Schools, who received £23,200 and £25,600 respectively.
  23. Warriner has lobbied for the past two years that this factor be reintroduced but on a new basis. A sum of £50k is sought to subsidise the running of a number of agriculturally related courses, which could be available to pupils from other schools. These courses would support one group for NVQ Level 1 Horticulture, NVQ Level 2 Agriculture, AS and A2 Level Agriculture, Skills for Working Life and NVQ Level 1 qualifications for pupils ‘at risk’ and the expansion of GCSE Rural Studies. These would all be subsidised at 60% at a cost of £37,000. A further £13,000 would enable a new visitor centre to be completed and further upgrading of farm teaching accommodation.
  24. 53% of schools agreed that the factor should be reinstated, but only 30% that £50,000 is an appropriate sum. Two schools commented that the £13k capital element should be a one off. It could of course be funded from the school’s own Devolved Formula Capital allocation. The Schools Forum noted that this factor had been identified as a relatively low priority response to the questionnaire by schools. However, assuming sufficient headroom exists an annual sum of £37k will be recommended.
  25. Threshold Grants

  26. From 1 April 2005 a number of former grants for pay progression and leadership were combined into a single specific formula grant - Threshold and Performance Pay for which we receive a cash allocation at the start of the year. Following consultation with the Schools Forum in April it was agreed to allocate the available funds based on payroll headcounts at the start of April, September and January. The main shortcoming of this approach is that schools do not know their total funding until late in the year.
  27. The DfES consultation on school funding from 2006/07 canvassed a number of options as to how the mainstreaming of this grant could be handled at school level when it is subsumed within the DSG, including:

        1. allocating through the formula;
        2. continuing to identify teachers’ pay grant separately;
        3. identify teachers’ pay grant separately initially but phase out over time;
        4. allow authorities to decide the best approach in consultation with the Schools Forum.

  28. Ministers decided to follow option (iv) which effectively meant that we needed to consult the Forum over (i) to (iii) during the Autumn.
  29. 90% of funding for teachers is currently through the formula including responsibility-led management points (to be replaced by Teaching & Learning Responsibilities). It should be possible to fairly distribute the £8.1m for Threshold and Pay Grant using a combination of fixed cost and AWPU factors. The grant does not currently meet the full costs of Upper Pay Spine 2 (UPS2), UPS3 and leadership – the shortfall of £1.4m is already met from school budget shares. DfES would argue that some of the shortfall has been mitigated by the freezing of management allowances.
  30. The allocation of this £8.1m grant to schools during 2005/06 has not proved to be totally satisfactory as we have sought to move forward from the overly bureaucratic DfES arrangements formerly in place. Schools currently receive funding based on their actions for this area of pay which is in stark contrast to the general approach of Fair Funding. There were initially counts of staff at the various points of progression in April, September and January but additional arrangements have been included to address backdating of progression.
  31. Schools were given a choice of the four options: allocate through the formula using a combination of fixed and pupil led factors; allocate through the formula using a specific factor; combine with the existing arrangements; and move from existing arrangements to allocation through the formula on a phased basis. 52% of schools responding wished to stay with the existing arrangements, with 48% wishing for the money to be put through the formula either for 2006/07 or on a phased basis. Officer preference is to put the funding through the formula with the Forum preference to retain the existing arrangements.
  32. There are two broad options if the money is to be routed through the Formula, either using a combination of fixed cost and AWPU funding or using a specific factor very recently permitted through the Financing Regulations. We have modelled a number of different approaches using fixed cost and AWPU and these have all proved unsatisfactory with winners and losers in the primary sector in excess of £10k and in the secondary sector in excess of £40k. There appears to be no clear relationship between schools size or staffing structure and the number of teachers progressing through the upper pay scales
  33. There are benefits in terms of financial planning and management in being able to allocate all funding when the budget shares are issued in March. The January PLASC drives the majority of funding. It is worth considering allocating to the whole of the funding for pay progression as a specific factor in the Formula by way of a headcount of teachers in January each year. There would only be some minor winners or losers using such an approach and, in any case, any losers would be picked up through the MFG. 2005/06 allocations of pay grant would be used as part of the school’s baseline for the calculation.
  34. The recommendation is to go ahead with the specific factor albeit that the Schools Forum 7 December expressed a desire to continue with the current arrangements. Their vote on the issue was close: 4 to 3 in favour of the current arrangements after the Chair’s casting vote. A number of the members of the Forum had abstained.
  35. 11–16 Versus 11–18 Funding

  36. From April 2003 funding of schools’ sixth forms transferred to the Leaning & Skills Council (LSC). The new allocations to schools with sixth forms were £1.8m greater than the allocations previously distributed through the LEA. Whilst funding to 11-16 did not reduce in real terms they nevertheless felt disadvantaged, and continue to do so. This has not been a common position across the rest of the country as most authorities had funded post 16 provision at a lower AWPU than the 11–16 AWPU.
  37. There is little that can be done to redress the balance. We have targeted some growth to KS3 in recent years which has enhanced the 11–16 funding but this has also been to the benefit of 11–18 schools. One possible solution is to increase the fixed cost factor for 11–16 schools by transferring funding from the fixed cost factor for 11–18 schools. There is, however, no clear logic behind such an approach.
  38. The LSC allocations include the full cost of delivering the curriculum and to this extent fixed costs are double counted. The fixed costs are clawed back from the budget share allocations for 11–18 schools. The percentage of clawback has been kept at the original 2003/04 level.
  39. It is appropriate to recalculate the clawback percentage and redistribute to KS3 AWPUs, the area identified by the Needs Led Funding exercise three years ago as most in need of additional resource.
  40. Over the past three years, whilst the overall secondary population has fallen back there has been growth in sixth form numbers. The clawback percentage should be recalculated and updated annually. For 2005/06, £600k would have been available for redistribution.
  41. Special Schools

  42. It is the view of all Special Schools, stated by the Oxfordshire Association of Special School Heads (OASSH), that overall funding available in the Special School Individual Schools Budget (ISB) is insufficient. There is also a view that the total pot is not distributed fairly amongst the 14 Special Schools. It is also argued that with the increased integration of pupils with Special Educational Needs into mainstream that Special Schools are now supporting pupils with higher relative needs.
  43. Over the summer data was collected on Special Schools at all of our comparator authorities (with the exception of West Berkshire where comparison is not valid because of the small numbers of schools supporting a wide range of children and Dorset where there was distortion due to a high level of boarded places).
  44. At the time of the discussions with the Schools Forum Officers were still examining the categorisation of the schools and validating the available data. This task is now complete.
  45. Our Special Schools have been categorised as being: Severe Learning Difficulty (SLD), Emotional and Behavioural Difficulty (EBD), Moderate Learning Difficulty (MLD) and Physical Difficulty (PD). These four categories would replace the existing bands: 3, 4 and 5. The Hospital banding will remain as present.
  46. Our funding for schools was then compared against the same categorisation for schools in our statistical neighbours. We were below average in two areas, MLD and SLD. To bring our funding up to the same level would require in the order of £400 to £500 additional per pupil in our MLD schools and in the order of £300 to £400 in our SLD schools. It should be possible to meet the cost of this increased funding from a combination of sums currently held in the Special School Contingency and to a lesser extent the annual review of Special School planned places. There may be a small call on available headroom.
  47. Further Consultation in Respect of Changes to the Finance Regulations and Funding for Personalised Learning Included in the Provisions Settlement

  48. The draft Finance Regulations were published in October. There were a number of issues which affect the formula but is was too late to consider these as part of the main formula consultation. The key concern is the imposition of a single count which has an impact on our compensation/clawback arrangements and early years and Key Stage 1 funding.
  49. Compensation/Clawback

  50. We have had these arrangements in place for four years and the compensation/clawback in respect of 2005/06 numbers will be honoured for 2006/07. The clawback arrangements have put pressure on schools with the need to take immediate action when pupil numbers fall away. The marginally declining population of Oxfordshire schools wasn’t a feature when this change was made to the formula.
  51. We had operated a retrospective growth factor previously, with abnormal growth in the September of greater than 2% triggering a retrospective adjustment in the following financial year. This trigger which had originally been 3% rarely came into operation. In any case, this approach would not be feasible under the new single count regulations. It is, therefore, proposed that no alternative to compensation/clawback be put in place at this time. There will be operational benefits to schools with the withdrawal of clawback.
  52. Early Years/KS1

  53. The single count has an impact on three areas of early years and KS1 funding: Foundation Stage Units (Nursery Classes), F1 pupils in Foundation Stage (reception) and Infant Class Size Funding.
  54. Foundation Stage Units (Nursery Classes)

  55. Foundation Stage Units are currently funded based on three counts in January, April and September. There is also protection in place at 75% of the designated places. This protection which was put in place at the time of the introduction of the single point of admission comes to an end at 31 March 2006.
  56. There are three groups of children in Foundation Stage Units: F2s and F3s, F1s of non school age and F1s of school age. The table below summarises numbers for each at the three points across the year for 2004/05, a number of the F1 pupils are in reception classes. At a high level the use of the January PLASC is appropriate being close to the average pupil numbers for both F2s and F3s and F1s of non school age. A concession in the regulations would also enable us to use the Summer 2005 numbers for F1s of school age. Further analysis, however, identifies a great deal of variation at individual school level. 9 of the 68 Foundation Stage Units would lose out between £8k and £12k under such an approach.
  57. Summer

    2004

    Autumn

    2004

    Spring

    2005

    Average

    F2 and F3

    2,377

    1,001

    1,706

    1,694

    F1 Non School Age

    2,549

    4,729

    3,531

    3,603

    F1 School Age

    3,801

    -

    2,159

    1,986

  58. We have contacted a number of local authorities to establish how they intend meeting the requirements of the new regulations to distribute Foundation Stage Unit funding. To date none have identified a workable solution.
  59. Under the existing regulations it is possible to fund Foundation Stage Units (F2 and F3 year groups) on a per class or place basis rather than per pupil. Consideration of these approaches is necessary, given the constraints of a single count.
  60. Funding by class would be an expensive option and would require an additional £428k over the £105k currently allocated to deliver the 75% protection. In the current year 11% of places in the Foundation Stage Units were not filled and it does feel inequitable to put forward proposals which would actually fund them. There is, however, a statutory duty to provide places for 3 and 4 year olds and too harsh a financial regime would work against this objective as well as militate against improvements in quality that have been achieved for early learning over the past two years. Recent well documented research demonstrates that investing in quality in the foundation stage impacts on standards and provides potential savings to KS3, KS4 and beyond. This has been the primary purpose for implementing the changes to the admission policy and raising standards of staffing and accommodation.
  61. A more equitable and affordable option would be to fund on a per place basis with a floor in place to ensure sufficiency of places across the County. Early years officers would need to agree F2 and F3 planned places for each of our Foundation Stage Units taking into account uptake for the past two years. Annex 2 (download as .doc file) sets out draft designated numbers and provisional places for F2s and F3s in each of our Foundation Stage Units. This would cost in order of £200k over and above the current year’s budget.
  62. F1 Foundation Stage (Reception) Pupils

  63. The funding has previously been on the basis of in year counts. Since there is a concession to allow us to use summer numbers from the preceding year, it is proposed that we will use both the January PLASC and the preceding summer term count. This gives very little variation against the previous approach.
  64. Infant Class Size Funding

  65. Funding for this element of the formula is currently based on the January PLASC for the first five months of the year and a September count for the remaining seven months. When this factor was first introduced it had been a very close call whether it was to be based on one or two counts. The move to a single count will, as do all formula changes, lead to some winners and losers. The greatest losers will receive reduced funding in the order of £6k.
  66. Personalised Learning

  67. Funding for Personalised Learning was announced in the White Paper, Higher Standards, Better Schools for All. Nationally the resources have been targeted in particular to support children who have fallen behind, the largest increases going to authorities with low prior attainment and high deprivation. The DfES expect the £0.937m Primary and £1.144m for KS3 to be allocated through the formula taking into account prior attainment and relative levels of deprivation subject to the provisions of the Financing Regulations.
  68. The new Ofsted inspection framework does take Contextualised Value Added into account. However, where absolute standards of attainment are low it is difficult for schools to influence Ofsted categorisation.
  69. We consulted earlier on a social deprivation factor targeting funds to the sixteen schools in greatest need. In that we would be collecting the data for all schools it would make sense to use it to allocate the funding for Personalised Learning. Therefore, it is proposed that the primary money would be applied to all primary AWPU allocations using the Socio Economic Deprivation data with the same approach being used for KS3 AWPUs in the Secondary Sector. For primary and secondary aged pupils in special schools the additional resources would be applied to the planned place funding.
  70. There are some measures of prior attainment, which could also be brought into the formula. KS1 results (teacher assessments) could be used for primary and KS2 SAT results could be used for secondary, possibly on the basis of the numbers of young people not achieving Level 4 before entry to secondary school.
  71. Schools had until 17 January 2006 to respond to the further consultation on the issues set out in paragraphs 38 to 53. The analysis of the consultation is in progress and will be reported to the meeting the recommendations which follow.
  72. Nursay Class and Nursary School factors agreed for 2004/05 which were subject to a two year review

  73. Two areas of the Formula were subject to a review after two years of operation: 75% protection of nursery class pupil numbers due to uncertainty at the time of the introduction of the single point of admission and the place led funding of nursery schools as a result of statutory delegation from 1 April 2004.
  74. 75% Nursery Class Protection

  75. This will cease and is superseded by the new arrangements set out above which are necessitated by the revised Finance Regulations.
  76. Place led Funding of Nursery Schools

  77. There are 12 LEA maintained nursery schools in the County, 7 being free standing and 5 being attached to primary schools. The latter share a headteacher with the primary school but have a separate governing body. The key arguments for funding these on a place led rather than pupil led basis are unchanged from the time of delegation. Nursery schools do not have the flexibility due to their small size to react to any fluctuations in pupil numbers and would be unlikely to be financially viable if funded on numbers. In addition, government guidance places nursery schools at the heart of the development of children’s centres. In Oxfordshire the free-standing nursery schools continue to face a high level of change with the expectation of offering year round services to a much wider age range. The current budgets, therefore, need to remain stable and secure to ensure effective planning and sustainability.
  78. RECOMMENDATIONS

  79. The Cabinet is RECOMMENDED, subject to consideration of outstanding consultation responses to be reported to the meeting, to agree

    1. (a) to allocate the current £100k for Social Deprivation using a measure of socio economic deprivation and target it to the 4 secondary schools and 12 primary schools having the greatest need.

      (b) to direct the first £200k of headroom for 2006/07 and 2007/08 to the Social Deprivation factor.

      (c) to allocate new schools in their first year of operation the SEN Index at the higher of 6.75% or the partnership average. In subsequent years the one or two year data should be uplifted appropriately.

      (d) to reinstate a school farm factor with a value of £37k funded from available headroom to be updated by inflation annually.

      (e) to allocate funding for pay grants through the formula based on an annual headcount of staff at the end of January.

      (f) to recalculate the Post 16 fixed cost clawback for secondary schools annually with any resources reallocates to KS3 AWPUs.

      (g) to bring special school funding into line with our Statistical Neighbours for 2006/07.

      (h) to fund F2 and F3 places in nursery classes be on a planned place basis.

      (i) to fund F1 foundation pupils on a combination of the January PLASC and the preceding April count.

      (j) to allocate infant class size funding on the basis of the January PLASC only.

      (k) to separately set out funding for Personalised Learning in the formula and that it be allocated through a combination of socio economic deprivation and prior attainment data (KS1 teacher assessment for primary and numbers of pupils not attaining level 4+ at KS2 before entry to secondary for secondary).

      (l) to continue to fund nursery schools on a place led basis.

KEITH BARTLEY
Director for Children, Young People & Families

Background papers: Consultation responses

Contact Officer:
Matt Bowmer, Strategic Manager, Finance & Accounting,
Children, Young People & Families Directorate Tel: (01865) 815474

January 2006

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