ITEM CA6
CABINET– 26 MAY 2009
PROPOSED ADDITION OF A SIXTH FORM AT THE COOPER SCHOOL, BICESTER
Report by Director for Children, Young People & Families
Introduction
1. At the meeting on 25 November 2008 The Cabinet agreed to the publication of formal proposals to expand the age range from 11-16 years to 11-18 years and enlarge The Cooper School, Bicester. The report outlining the basis for this decision is attached at Annex 1 (download as .doc file).
2. The notice was published by the Authority on 26 March 2009 and expired following 4 weeks of formal consultation on 24 April 2009 (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.
3. Under the terms of the Education & inspections Act 2006 (EIA 2006) if the outcomes of the original informal consultation are to be used as the first step in the publication of a statutory notice to expand the age range of the school, the Authority would normally have been expected to make a decision on that basis by 31 March 2009. Capital resources for implementation of the proposals must be in place when the proposals are decided. The Department for Children, Schools and Families (DCSF) indicated that if the notice were to be published slightly later than 31 March due to a delay in the identification of those resources then all those previously consulted should be made aware of this situation and the subsequent timetable for publication and implementation of the proposal. This should be completed prior to 31 March. All those consulted previously were contacted to ensure this condition was satisfied.
4. Where no representations in relation to a proposal are received the decision is usually referred to the Cabinet Member for Schools Improvement for a decision. However, as this proposal relates to the area represented by the current incumbent of that position it is to be put to The Cabinet for decision. The proposed implementation date for the proposal is 1 September 2011.
5. 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
6. The proposal is to extend the age range from 11-16 years to 11-18 years and enlarge the school. The current capacity of the school is 1050 and the proposed capacity will be 1235. The admission number for the school for Year 7 will remain at 210. 7. Places will be available for 80 sixth form pupils in the first year. It is intended that the sixth form capacity will be up to 185 pupils after two years. The current number of pupils registered at the school is 916.
Representations
8. No representations have been received in relation to this notice.
Making a Decision
9. 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.
10. 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, 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.
11. 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.
12. Funding and land. The decision-maker should be satisfied that any capital required to implement the proposals will be available.
Financial and Staff Implications
13. There will be further financial and staffing implications related to the additional numbers of pupils and additional buildings at the school. The detailed implications of this proposal will be dependent on the curriculum offer agreed by the East Oxfordshire 14-19 consortium of education providers and will be made clear when the detailed project appraisal is presented to Cabinet for approval. At present such revenue funding is provided by the Learning and Skills Council but by September 2011, when this proposal would become active, all funding for education for 16-19 year olds will be allocated by the County Council.
RECOMMENDATIONS
14. 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 Attachments: Annex 1 – Cabinet report 25 November 2008 Annex 2 - Notice Annex 3 - Proposal Background papers: Responses to the informal consultation Contact Officer: Allyson Milward, Service Manager, School Organisation Commissioning, Performance and Quality Assurance, Tel; 01865 816447 May 2009
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