ITEM CA6
CABINET – 20 NOVEMBER 2007
OUTCOME OF FORMAL CONSULTATIONS ON PROPOSALS TO CLOSE PEERS SCHOOL TO ENABLE IT TO BECOME AN ACADEMY
Report by the Director for Children Young People & Families
Introduction
1. At its meeting on meeting on 18 September 2007, the Cabinet agreed 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 delegated Cabinet Member for Schools Improvement. This follows decisions taken by the Cabinet in July 2007 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 the 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 must make their decision within two months of the end of the notice period, which in this case this would be by 9 January 2008. 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 the Foundation or Voluntary school that is to be closed (which is not applicable in this case).
3. A formal notice was published in the Oxford Times on 28th September 2007 (Annex 1) (download as .pdf file). The notice period expired following 6 weeks of public consultation on 9 November 2007. 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 (copies available in the Members’ Resource Centre). Throughout the notice period, a further series of public meetings took place alongside ongoing stakeholder meetings with parents, staff, students and the local community. As part of the new proposal, statutory information has been produced that 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; and · The Secretary of State
(Additional Appendices to Statutory Information - download as .doc file)
Making a Decision
4. The Cabinet should consider all proposals on their merits, bearing in mind the following factors (although this list is not considered to be exhaustive). The Cabinet must be satisfied that the statutory consultation has been carried out before the publication of the notice. Details of the consultation should also 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 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 their 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 by 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 would 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 also 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 considering 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; 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. In particular, the effect on families in respect of the impact on the provision of extended services. The impact on community cohesion and travel needs to be considered, if pupils are displaced, and consideration given to any sexual, racial or discriminatory issues that might arise.
· 14-19 and post 16. The decision maker must consider what measures are being proposed to ensure that opportunities for students in this age group are not reduced by closure. However, absence of such measures should not prevent the 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 2007 meeting, where it considered whether to proceed with statutory notices. These responses are in the Members’ Resource Centre. 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. If the school closes on 31 August 2008 and an Academy opens on 1 September 2008, all pupils will transfer across to the Academy. It will be necessary to ensure that the 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 2008. This will scope out how the academy will be delivered and the potential costs of this and accommodating other users. This will be an important decision, but it 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 clearly state their rationale, indicating the main factors/criteria for the decision and that copies of that decision, and the original proposal, are sent to any objectors.
Financial and Staff Implications
9. There are no financial or staff implications arising from this report, but the financial and staffing implications of developing the academy will be reported as part of the outline business case at the Cabinet’s meeting on 16 January 2008. The LA and the Trade Unions representing staff at Peers School are already in discussion on the TUPE processes, so that if the Cabinet decision is to close the school the staffing issues can be dealt with effectively, following the established protocol.
RECOMMENDATIONS
10. The Cabinet is RECOMMENDED to either:
(a) reject the proposal for the closure of Peers School on 31 August 2008; or
(b) approve the proposal for the closure of Peers School on 31 August 2008, conditional on the making of an agreement under Section 482(1) of the 1996 Act for the establishment of an Academy, whereby the proposal in question provides for 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.
JANET TOMLINSON Director for Children Young People & Families
Background papers: Nil
Contact Officer: Michael Mill, Strategic Manager (Property & Assets) Tel: (01865) 816455 Shannon Moore, Assistant Head of Service (Learning & Achievement) Tel: (01865) 428084
November
2007
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