ITEM CA9
CABINET– 21 OCTOBER 2008
PROPOSAL TO OPEN A NEW FOUNDATION STAGE UNIT (NURSERY CLASS) AT RADLEY CE PRIMARY SCHOOL
Report by Children, Young People & Families
Introduction
1. At the meeting on 1 July 2008 The Cabinet Member for School Improvement agreed to the publication of formal proposals to open a new Foundation Stage Unit (Nursery Class) at Radley CE Primary School. The report outlining the basis for this decision is attached at Annex 1 (download as .doc file).
2. The notice was published by the Governing Body of the school on 11 July 2008 and expired following 6 weeks of formal consultation on 22 August 2008 (Annex 2) (download as .doc file). In accordance with legislation the notice was posted at the school gate and local library. A copy of the proposal (attached at Annex 3) (download as .doc file) and the notices were sent to the local authority, governing body and the Secretary of State and additionally made available on the Oxfordshire County Council website. The responses to the informal consultation process referred to in the proposal are available as background papers to this report. Where representations in relation to a proposal are received the decision is referred to the Cabinet for a decision rather than the Cabinet Member for ‘Schools Improvement’. The proposed implementation date for the proposal is 2 January 2009.
3. The decision-making power in terms of determining the notice lies with The Cabinet. 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 ‘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. Also 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.
The Proposal
4. The school currently admits children in the September after their 4th birthday. Younger children attend the local Pre-school, which is due to close in December 2008. The school proposes to open a nursery class to ensure continuity of provision for these children and to help improve standards on entry to year 1.
Representations
5. Only one response was received during the statutory consultation process. This was from the Swindon and Oxfordshire Pre-school Learning Alliance (PLA) and is attached as Annex 4 (download as .doc file). Further correspondence relating to that response is attached at Annex 5 (download as .doc file) . Essentially this organisation wished to be reassured re the following points.
· Level of provision to be maintained for F2 and F3 children. · Level of provision to be maintained for 2 – 3 year olds. · Level of staff to child ratios to be maintained. · Duties of pre-school practitioners not to include cover for KS1 and KS2 staff. · Standards of ‘flagship PFSU’ to be maintained.
6. Comments were also included in the response regarding flexibility of early years provision for parents, space standards in the new building and terminology in the proposal document itself. The response from the County Council addressed all points. The PLA have acknowledged that response but asked that their views be shared with the Cabinet prior to the decision on the proposal being taken.
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 transfer of existing pre-school staff to the school establishment.
12. RECOMMENDATIONS
The Cabinet 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 relevant meetings of school governors, letter from Pre-school supporting the proposal, consultation responses
Contact Officer: Allyson Milward, Principal Property & Assets Officer, Commissioning, Performance and Quality Assurance, 01865 816447 Maggie Smith, Strategic Lead for Early Years, Early Learning & Childcare, 01865 815493
October 2008
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