Report to Cabinet re Review of Arrangements for School Organisation Committee

Report on the Review of Arrangements for the School Organisation Committee (SOC)

1. Purpose of the Report

1.1 In light of the changes introduced by the 2006 Act, the Council’s Constitution will need to be amended at its meeting on 7 October 2007 to reflect the new decision making arrangements.

1.2 To make minor amendment to the Constitution following the abolition of the School Organisation Committee in May 2007. This report outlines the new decision making arrangements, introduced by the Education and Inspections Act 2006, for the Local Authority to decide statutory proposals for the establishment, alteration or discontinuance of schools.

2. Background

2.1 Until recently, school closures and reorganisation issues have been decided at local level by the School Organisation Committee, with a right of appeal to a regional Adjudicator

2.2 The function of the SOC was to consider proposals relating to the establishment, alteration or discontinuance of maintained schools. The SOC operated as an independent decision making body in respect of school organisation proposals from 1998 to 25 May 2007 and its membership was drawn from local schools, the Catholic Diocese of Hallam, the Church of England Diocese of Sheffield, the Sheffield Race Equality Council, the Learning and Skills Council and Councillors.

2.3 The Education and Inspections Act 2006, abolished all School Organisation Committees with effect from 26 May 2007 and provided instead that proposals be decided by “the relevant authority” (i.e. the Local Authority which maintains or would maintain the school) or the Adjudicator in certain other cases.

2.4 Under the Act the Local Authority decides proposals for the establishment, alteration, or discontinuance of community, foundation, voluntary and nursery schools and, depending on the school category and the type of proposal, only a limited group of interested parties will be able to refer that decision to the Schools Adjudicator for reconsideration. The interested parties include the Church of England and Roman Catholic Dioceses, the Learning and Skills Council and governing bodies or trustees of foundation and voluntary schools.

2.5 However, the Local Authority may only decide competitions for a new school if it does not have an interest in any of the proposals. If the Local Authority has an interest competitions must be determined by the Schools Adjudicator. The Local Authority is also able to request that proposals published by the governing body of a foundation or voluntary school be referred to the Schools Adjudicator before they are decided by the governing body on grounds of inadequate consultation or concerns that the acquisition of a foundation would have a negative impact on standards.

2.6 School reorganisation proposals of the Council are already referred to Cabinet prior to consultation on proposals and usually once the consultation has taken place. Council also considers the School Organisation Plan annually, which sets out the overall plans for school places in the City.

3. Practical Changes

3.1 There is a need to amend Article 7.06 of the Council’s Constitution to reflect the new legislation. A copy of article 7.06 is appended to this report.

4. Conclusions

4.1 The DfCSF has issued detailed Decision Makers’ guidance, which Cabinet will need to take account of in the exercising of its decision making functions. The guidance is based on the statutory and non-statutory guidance followed by the SOC.

4.2 The Decision Makers’ guidance details the factors that must be taken into account when proposals are considered. It explains the process and procedures involved in local decision making and specifies, for instance, the range of decisions open to decision makers.

5. Equality Impact Assessment

5.1 An Equalities Impact Assessment has been carried out. No adverse implications for any group have been identified. The Local Authority is required to consider whether there are any sex, race or disability discrimination issues that arise from the changes being proposed. The Local Authority is also required to consider the views of all those affected by the statutory proposals or who have an interest in them including objections and comments submitted during the representation period.

6. Financial Implications

6.1 There are no financial implications. The new decision making arrangements will be managed within exisiting resources.

7. Recommendations

7.1 That the new Local Authority decision-making arrangements set out in this report are noted.

7.2 That the part of Article 7.06 of the Constitution that currently reads “School closures, other than those in the School Organisation Plan” be deleted and in its place be substituted “Decision making in respect of the establishment, alteration or discontinuance of schools, other than those that must be referred to the Schools Adjudicator.

7.3 That Council express thanks to members of the SOC for their significant contribution to the work of the Committee.

Jonathan Crossley-Holland Liz Bashforth

Executive Director Assistant Chief Executive

Children & Young People Legal and Governance

September 2007

APPENDIX 1

7.06 Responsibility for Functions

The Council will maintain a list in Part 3 of this Constitution setting out which individual members of the Cabinet, Committees of the Cabinet (the membership of which can only include Cabinet members), Officers or joint arrangements are responsible for the exercise of particular executive functions.

The following matters are reserved for the Cabinet:-

Strategic Service and Financial Planning

· Agreement of rolling 3 Year Strategic Plans and Annual Service Plans at Directorate and Service level including charging policies and other plans and strategies required by statute, government or external agencies.

· Consideration of mid year reviews of service performance against approved plans.

· Major Policy Developments and Service Re-organisation

· Approval of the proposed withdrawal of any service and any fundamental service adjustments outside the scope of the agreed Service Plan.

· Agreement of Directorate Service or Development Plans and Statutory Plans including Inter-Agency Working (other than those reserved for Council)

· Any significant alteration to the agreed budget or service plan.

· Agreement upon the annual budget for services within Directorates including the overall capital programme.

· Agreement of policies in respect of precepts and levies and recommending any such charges (excluding charges raised by minor authorities)

· Commitments to funding in future years not covered within the Three Year Financial Strategy

· Agreement upon virements from one activity head to another or between services within Directorates and within the approved budget at levels to be determined by the Cabinet.

· Fundamental changes in organisation which are not covered in Budget and Service Plans (other than those reserved for Council)

· Issues relating to Grant Aid including the annual allocation of grant aid and/or withdrawal of grant aid works service plans or schemes and the approval of individual grants

· School closures, other than those in the School Organisation Plan.

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