Kings Park Ward - New School Report

Report to the: Cabinet Wards: Kings Park Kings Park Ward – New Primary School Joint report by the Corporate Director for Regeneration and the Acting Corporate Director of Children and Young People’s Services Purpose of the Report and Summary 1.1 The purpose of this report is to seek permission to publish a competition notice inviting interested parties to bring forward proposals for setting up the new primary school on Kingswood Parks and to decide whether the Council wishes to make an application themselves Recommendations 2.1 That the Corporate Director for Children Regeneration be given permission to publish a competition notice inviting interested parties to bring forward proposals for setting up the new primary school on Kingswood Parks 2.2 That Cabinet notes the implications of the new competition arrangements introduced under the Education and Inspections Act (EIA) 2006 and decides whether it wishes to make an application to the Secretary of State for proposed Community status for the new school This is a non key decision Introduction 3.1 In May 2004 Kings Park Development Corporation (KPDC) entered into a formal Section 106 Agreement under the Town and Country Planning Act 1990 with the Council to provide a primary school in an agreed location within its housing development 3.2 The agreement with KPDC was that prior to occupation of the 1500th dwelling of their area they would transfer the proposed school site into the Councils ownership together with the sum of £3.7m This sum will be index linked in accordance with the ‘All Items index figure of the Retail Prices Index’ from the date of the Planning Permission to the date of payment to the City Council 3.3 Since then, KPDC have signed a Deed of Variation (19th July 2010), which stipulates that they will bring forward the transfer of the proposed school site into the Council’s ownership together with the sum of £3.7 m (index linked) on the occupation of the 1200th dwelling rather than the 1500th dwelling 3.4 This target has now been reached and, following a Leader’s Decision Record, has triggered the beginning of the ‘competition’ process for the new school under the statutory framework for the establishment of any new maintained school Main Body of Report Stage – Statutory Consultation 4.1 Section of the EIA 2006 requires all new schools to be opened up to competition allowing a range of organisations to compete for operation of the school In the past, new schools that have been established normally hold Community status with the Local Authority owning the land and buildings and acting as the Admissions Authority There are stages in the competition process – see Appendix for further details 4.2 On 11 October 2010, statutory consultation (stage 1) began with local people to seek their views about the specification for the new primary school on Kingswood Parks The specifications being proposed were: Number of Pupils: 280* boys and girls Age Range: to 11 years Early Years: 26 FTE nursery Admission Number: 40* Opening Date: September 2013 *The school will be built for 315 pupils to adhere to the infant class size regulations and future expansion Therefore, it is recommended that the statutory notice includes an admission number of 45 rather than 40 This will result in a 1.5 form entry per year group resulting in the number of pupils being 315 aged to 11 years 4.3 All households on Kingswood Parks received a consultation document (circa 4,000) and these were also sent to statutory consultees and local primary schools The consultation period lasted for weeks from 11th October 2010 to 21st November 2010 4.4 Nine people attended the consultation event which was held at Kingswood College of Arts and 21 response forms have been received A summary of the responses is given below: • 21 out of 21 responses said there is a need for a new primary school on the Kingswood Parks Development • 19 out of 21 responses agreed that the school should accommodate 280 boys and girls aged between and 11 • 21 out of 21 responses agreed that there should be a 26 place-nursery • In terms of what type of school should be provided respondents wanted a community school; respondents a voluntary aided school; respondents a foundation school and respondents had no preference 4.5 The East Riding of Yorkshire Council was a statutory consultee and they have replied to say that they have no comments on the proposal to build a new school on Kingswood Parks Stage – Invitation to Bid 4.6 In light of the results of the statutory consultation give above, Cabinet must now decide whether to publish a statutory notice inviting interested parties to bring forward proposals setting up the new school The regulations allow months for proposals to be submitted Advisors working on behalf of the Secretary of State will coordinate the competition process, place adverts, advise interested parties and conduct competition seminars The Local Authority will have opportunity to attend and take part in these seminars 4.7 The Department has already sent a list of all organisations and individuals who have asked to be made aware of new competitions and have requested that the LA inform them if the authority's consultation results in publishing proposals for a new primary school via a competition This list is attached at Appendix for information purposes only 4.8 The Local Authority's notice must allow potential proposers at least months from the date of publication to prepare the proposal If the Local Authority receives proposals for an Academy the LA must consult the Secretary of State within weeks of receiving the proposal and the Secretary of State must confirm whether he would be willing in principle to commence negotiations with a view to entering into an agreement for establishing an Academy 4.9 If the LA wish to publish its own proposals for a community school the consent of the Secretary of State needs to be obtained during Stage if the LA is eligible – see section below Community Status 4.10 There is a presumption in the new legislation that new schools proposed by the Local Authority will have Foundation status and will be subject to competition arrangements under which a private organisation can propose to operate a school If the new school is potentially to be a community school, permission is now needed from the Secretary of State before such proposals can be pursued and consent will be given only if the Authority has met prescribed standards in recent inspections As the LA has a Comprehensive Area Assessment (CAA) Ofsted performance rating of they cannot publish proposals without consent from the Secretary of State and unless they meet either or both of the following: • Less than 15% of community, foundation and voluntary primary schools in the LA’s area are eligible for intervention (8.4% of Hull’s primary schools are eligible for intervention) • More than 15% of primary schools are foundation or voluntary (15.4% of Hull’s primary schools are either voluntary aided or voluntary controlled) 4.11 4.12 Cabinet needs to decide whether it wishes to make an application to the Secretary of State for proposed Community status for the new school If a decision is made to publish a competition notice inviting interested parties to bring forward proposals for setting up the new primary school on Kingswood Park (see Stage above at 4.7), the following factors need to be taken into account when considering this issue: • If the new school were to hold Community status, the Council would be the Admissions Authority and own the land/buildings; • It is unclear at this stage whether or not such an application to the Secretary of State would be successful; • Were it to be successful, this would then mean that the Authority could bid against other possible proposers to operate the new school; • If the Authority did receive approval to bid, the final decision on who runs the new school would be made by the Schools’ Adjudicator Regardless of whether the Local Authority wishes to apply for permission from the Secretary of State to bid to operate the new school, there is an extensive and lengthy competition process A chart showing the process for establishing a new maintained mainstream school is attached at Appendix Funding Implications 4.13 The proposal for a new primary school in the Kingswood Parks area of the city forms part of the approved Primary Strategy for Change and the ongoing Primary Capital Programme 4.14 The latest estimate for the cost of design and construction of the school is approximately £5.1 million, based on latest costs submitted on the BSF programme for the construction of primary schools The contribution provided by KPDC, inflated according to the terms of the S106, is expected to represent about £3.7 million 4.15 The gap can be met in full from the Primary Capital Programme funding already received in 2009/2010, which has been allocated and ring-fenced for this purpose Consultation 5.1 The results of the recent statutory consultation are summarised in 4.1 to 4.6 above Options 6.1 Approve the proposal: to publish a competition notice inviting interested parties to compete to operate the new primary school on Kingswood Parks By approving the proposal the Council will begin the process of establishing a new maintained mainstream primary school as per the Section 106 planning agreement It will also ensure that a major part of the ‘village centre’ development in Kingswood Parks is realised 6.2 Council’s Priorities 7.1 10 This proposal meets the Council’s priorities identified within the Council’s Corporate Plan, which is ‘Education learning and skills’ and will also ensure achievement of the outcomes of Every Child Matters, including that all children enjoy and achieve to their full potential ensuring that No Child is Left Behind Comments of the Director of Corporate Governance 8.1 Do not approve the proposal This would not be in line with the Section 106 planning agreement and could risk the transfer of the proposed school site into the Council’s ownership together with the sum of £3.7 m capital investment (index linked) It would not address the issue of other schools in the area continuing to be over-subscribed The Education and Inspection Act 2006 and the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 set out the process to be followed by the Council when it intends to open a new school The report itself contains the correct process and statutory requirement within paragraphs 4.1 to 4.12 and Appendix & Comments of the Director of Finance 9.1 As noted in section of the report, the projected costs of this proposal will be fully met from external funding from KWDC and £1.4 million (maximum) from Primary Capital Funding already received and ringfenced for this purpose 9.2 There is a clearly established need for this school to serve the new Kingswood Parks housing development, however, the impact on pupil numbers currently attending neighbouring schools will need to be considered and managed 9.3 The projected costs are based on the cost of comparable schemes currently being delivered through Esteeem (the Local Education Partnership) but these will be tested further to ensure value for money and to deliver this school at the most competitive price achievable (PC) Comments of the Head of Workforce Stragegy 10.1 The HRBP (Schools Workforce) supports the recommendations in the report At this stage their are no staffing issues for the new school However, it should be noted that over time there could be staffing issues for the nearby primary schools as the pupils who may go to the new school could have been former pupils of the nearby primary schools and therefore these schools could become overstaffed Hopefully this would be managed by those primary schools affected via natural wastage 11 Comments of the Portfolio Holder for Cllr Welton 11.1 12 Comments of the Head of Scrutiny 12.1 13 The portfolio holder supports the recommendation to progress to Stage of the competition process as there is a clear need for a new school in the Kingswood Parks area of the city The contribution from KPDC, under the S106 agreement, together with funding received through the PCP will ensure that a further facility is provided on Kingswood Parks as part of the proposed ‘village centre’ thereby promoting sustainable living and meeting the needs of existing and future residents The Overview and Scrutiny Management Committee agreed that this was an area issue, and as such, should not be subject to pre-decision scrutiny (Sc1866) Conclusions 13.1 That the Corporate Director for Children and Young People’s Services be given permission to publish a competition notice inviting interested parties to bring forward proposals for setting up the new primary school on Kingswood Parks 13.2 That Cabinet notes the implications of the new competition arrangements introduced under the Education and Inspections Act (EIA) 2006 and decides whether it wishes to make an application to the Secretary of State for proposed Community status for the new school David Martin BSF Project Director on behalf of the Corporate Director for Regeneration Contact Officer: Telephone No: Liz Clutterbrook, BSF Project Manager 01482 816526 Officer Interests: None Background Documents: Cabinet Report 25th February 2008 – Kings Park Ward – New Primary School Establishing a New Maintained Mainstream School - DCSF Officer Interests: None APPENDIX ESTABLISHING A NEW MAINTAINED MAINSTREAM SCHOOL Introduction With effect from 25th May 2007 a new statutory framework applies to the establishment of any new maintained school Under the new system the Local Authority (LA) must invite interested parties to bring forward proposals for the school This process is referred to as a competition process There are six stages in the competition process details of which are set out in the paragraphs below A chart showing the process for establishing a new maintained mainstream school is attached at Appendix Stage – Statutory Consultation The purpose of consultation at Stage is to inform local people and seek their views about the specification for the new school It is not to shape opinion about how that specification might be met, or to promote or seek to close off particular options The guidance recommends at least weeks for the consultation period At the end of the consultation Cabinet must consider the views expressed during the consultation before reaching a final decision on whether to progress to Stage and publish a statutory notice inviting interested parties to bring forward proposals setting up the new school Stage – Invitation to bid (1st Notice) The second stage of the process is for the LA to publish a statutory notice inviting interested parties to bring forward proposals setting up the new school The regulations allow months for proposals to be submitted The Secretary of State has consultants who will market the competition to potential proposers and will help to engage the local community in the competition They will also alert national provider organisations who have expressed an interest in submitting proposals for new schools in response to competitions The consultants will place advertisements publicising the competition in local papers These advertisements will summarise the Local Authority requirement for a new school and offer the consultants as the first point of contact for advice on the competition Once potential proposers had been identified the consultants will arrange and manage a Seminar to inform potential proposers about the competition process, requirements that need to be covered in the proposal, what it means to win a competition and consultancy support The Local Authority will have the opportunity to attend and take part in that seminar The Local Authority's notice must allow potential proposers at least months from the date of publication to prepare the proposal The regulations specify information proposers must provide in response to that notice If the Local Authority receives proposals for an Academy the LA must consult the Secretary of State within weeks of receiving the proposal and the Secretary of State must confirm whether he would be willing in principle to commence negotiations with a view to entering into an agreement for establishing an Academy If the LA wish to publish its own proposals for a community school the consent of the Secretary of State needs to be obtained during Stage unless the LA has an APA rating concerning its performance of The APA rating means the rating awarded to a Local Authority for children and young peoples services used by the Audit Commission when categorising a LA for their performance Stage – Publication of proposals (2nd notice) Once the month period required under the first notice has expired the LA must publish a second notice This notice must include a statement referring to the first notice and confirm that the proposals in the second notice are proposals for a new school on proposed sites/locations This notice provides a summary of the various proposals received from interested parties and any proposal of the LA The notice gives any interested person the opportunity within weeks to send in comments on the notice Stage - Representations At Stage the representation stage comments on the proposals set out in the second notice must be sent to the LA within weeks of publication of the second notice During Stage the LA must hold at least one public meeting within weeks of publishing the second notice The purpose of this meeting is to inform people of the proposals received and tell them how they can submit their comments and objections The Local Authority must invite all of the proposers to all of the meetings Stage – Decision At Stage decisions on school organisation proposals are taken either by the LA or the school's Adjudicator The LA is the Decision Maker except where the LA is also a proposer of a new school or the proposer of a new foundation school where the Local Authority are a member of the foundation The LA decision must be made within months from the end of the representation period If the school Adjudicator is the decision maker then his decision is final with no right to appeal Stage - Implementation The final stage is the implementation stage where the proposers and LA are under a statutory duty to implement any proposals which the Local Authority or school's Adjudicator has approved The proposals must be implemented as published taking into account any modifications made by the Decision Maker If it proves impossible to implement the proposals as approved the proposer can seek a modification and must apply to the Decision Maker who decide proposals Before modifying proposals the Decision Maker must consult the proposers and the LA The proposals must not be modified in a way that will in effect substitute brand new proposals If the proposer cannot implement these proposals they must publish fresh proposals to be relieved of the duty to implement the proposals and a decision will then be made by either the LA or the Adjudicator No prescribed timescale Appendix Chart showing process for establishing a new maintained mainstream school Stage Stage Statutory Consultation (includes consultation on any linked school closures or prescribed alterations to linked schools) Invitation to Bid (1st notice) Proposer engagement Submission of proposals Stage Publication of proposals (2nd notice) Stage Representation period (to allow for comments and objections to be submitted) & promotion of public awareness Stage Decision by: LA Not prescribed – (minimum of weeks recommended; school holidays should be taken into consideration and avoided where possible) day – must state date of deadline for submission of proposals, which must be a minimum of months from date of publication NB this date cannot be subsequently amended This falls within the month (minimum) period for submission of proposals By the deadline specified in the Invitation to Bid (1st notice) To be published within weeks of the expiry date for submitting proposals Representation period must be weeks and commences from the date of publication of the 2nd notice LA must hold at least public meeting within the first weeks following publication of the 2nd notice Within months of end of Stage or No prescribed timescale schools adjudicator Stage Implementation, where approved No prescribed timescale – but must be as specified in the published notice, subject to any modifications agreed by the Decision Maker Appendix Valerie Bragg Ms Lucy Heller Managing Director Educentre ARK Schools 020 7395 2081 valerie@innovations.uk.com lucy.heller@arkonline.org Sir Bruce Liddington Edutrust Academies Charitable Trust (EACT) 0207 903 5460 Website: www.arkonline.org SirBruce.Liddington@E-ACT.org.uk Mr Vincent McDonnell / Mr Neil McIntosh Centre for British Teachers 0118 902 1210 nmcintosh@cfbt.com Dr Elizabeth Sidwell / Mr Paul Durgan Haberdashers’ Aske’s Federation 020 7652 9516 Fax: 020 7277 9680 se-sidwell@hahc.org.uk sp-durgan@hahc.org.uk Web: www.haaf.org.uk Michael Marchant Head of Education The Mercers’ Company tel 0207 776 7208 michaelm@mercers.co.uk Becky Francis, Director of Education Sara Candy, Executive Director of RSA Opening Minds Mr Steve Chalke MBE Royal Society of Arts 020 7451 6862 Becky.Francis@rsa.org.uk Oasis Community Learning 020 7921 4243 steve.chalke@oasisuk.org Sir Ewan Harper United Learning Trust 01832 730301 ewh@church-schools.com Martyn.Baker@church-schools.com Mr William Fraser OBE The City of London Academy (Southwark) 020 7628 9688 William.fraser@jmfinn.com Girls’ Day School Trust 020 7393 6694 edvh@jmfinn.com h.fraser@wes.gdst.net The Schools of King Edward the Sixth in Birmingham 0121 472 1147 john.collins@ske.uk.net David Bilton Engineering Ltd 0191 296 1428/9 drbilton@lineone.net Newcastle College Group 0191 200 4134 linda.moore@ncgrp.co.uk Helen Fraser Mr John Collins [Interested in Birmingham ONLY] Mr David Bilton Chief Executive - Woodard Schools Linda Moore sara.candy@rsa.org.uk 65 Kingsway London WC2B 6TD 6th Floor 81 Oxford Street London W1D 2EU 60 Queens Road Reading RG1 4BS Pepys Road London SE14 5SF Mercers’ Hall Ironmonger Lane London EC2V 8HE John Adam Street London WC2N 6EZ Oasis Church Building 1A Kennington Road London SE1 7QP Church Schools House Titchmarsh Kettering Northants NN14 3DA Alleyn Road Dulwich London SE21 8AB 100 Rochester Row London SW1P 1JP Edgbaston Park Road Birmingham B15 2UD 19 Ashleigh Grove Tynemouth Tyne and Wear NE30 2LA Rye Hill Campus Scotswood Road Group Director Mr Marcus Barker ADT CTC Trust 07710 376 235 Fax: 0191 272 0368 020 88770357 Mr David Carter John Cabot CTC 0117 976 3000 dcarter@cabot.ac.uk Revd Janina Ainsworth Chief Education Officer National Society of Church of England 0207 898 1500 janina.ainsworth@c-of-e.org.uk Marcus.barker@ashcroftacademy.org.uk rob.gwynne@c-of-e.org.uk Dr Rob Gwynne Head of School Development Deputy General Secretary David Whittington (Chief Education Officer) 020 7898 1789 Church of England 020 898 1789 david.whittington@c-of-e.org.uk Dr Mohamed Mukadam (Chair) Assoc of Muslim Schools UK 0116 210 8892 m.mukadam@ntlworld.com Mr Nick Weller Executive Principal Dixons City Academy 01274 776777 Nick@dixonsca.com Gary Wintersgill Education Director Kier Group Plc 01767 640111 01767 641710 gary.wintersgill@kier.co.uk website: www.kier.co.uk Oona Stannard (Director) Catholic Education Service 020 7901 4880 ostannard@cesew.org.uk / general@cesew.org.uk Steve Bolingbroke Director of Development Kunskapsskolan T: 020 7616 4090 M: 07770817075 steve.bolingbroke@kunskapsskolan.co.uk Mick Pavey (Managing Director) Mr Ranjit Singh Dhanda Head of Education Integrated Design Consultants Tel: 0118-948-0162 Fax: 0118-933-3934 Tel: 07859-065243 mpavey@i-d-consultants.co.uk GNNET (Guru Nanak Nishkam Education Trust) Sikh ranjit.dhanda@ncauk.org Newcastle upon Tyne NE4 5BR 100 West Hill London SW15 2UT Woodside Road Kingswood Bristol BS15 8BD Board of Education Church House Great Smith Street London SW1P 3AZ Board of Education Church House Great Smith St London, SW1P 3AZ Association of Muslim Schools (UK) 20 Kingsway Road Leicester Leicester, LE5 TH Ripley Street Off Manchester Road Bradford BD5 7RR Tempsford Hall Sandy Bedfordshire SG19 2BD Catholic Education Service 39 Eccleston Square London, SW1V 1BX Kunskapsskolan Winchester House, 6th Floor, 259-269 Old Marylebone Road, London, NW1 5RA www.i-d-consultants.co.uk 18-20 Soho Road Handsworth BIRMINGHAM B21 9BH Heath Monk CEO [Send notifications to Maria Rodrigues] Future Leaders t:0203 116 0821 m:07795 066301 Maria.Rodrigues@future-leaders.org.uk Human Scale Education Tel/Fax 01275 332516 info@hse.org.uk Website: www.hse.org.uk Jill Dillon (acting head teacher) Nunnery Wood High School Head@nunnerywood.worcs.sch.uk Richard Edwards Nicholas Hawksmoor Primary School 01327 351466 head@nhps.northants-ecl.gov.uk Susan Jowett Rhona Barnfield Jill Wilkinson Associate Senior Leader Phil Ward George Spencer School The Howard Partnership Trust George Spencer Foundation School & Technology College Heston Community School 0115 9170100 sjowett@george-spencer.notts.sch.uk rhona.barnfield@thehoward.org jwilkinson@george-spencer.notts.sch.uk Claire Robins St John Lawes School 0115 9170100 pward@hestoncs.hounslow.sch.uk head@sjl.herts.sch.uk Future Leaders Adam Street London Human Scale Education Unit 8, Fairseat Farm Chew Stoke Bristol, BS40 8XF Nunnery Wood High School Worcester Nicholas Hawksmoor Foundation Primary Towcester Close Towcester, Northants Heston Community School Hounslow St John Lawes School Harpenden ... Documents: Cabinet Report 25th February 2008 – Kings Park Ward – New Primary School Establishing a New Maintained Mainstream School - DCSF Officer Interests: None APPENDIX ESTABLISHING A NEW MAINTAINED... Consultants Tel: 011 8-9 4 8-0 162 Fax: 011 8-9 3 3-3 934 Tel: 0785 9-0 65243 mpavey@i-d-consultants.co.uk GNNET (Guru Nanak Nishkam Education Trust) Sikh ranjit.dhanda@ncauk.org Newcastle upon Tyne NE4... the new school under the statutory framework for the establishment of any new maintained school Main Body of Report Stage – Statutory Consultation 4.1 Section of the EIA 2006 requires all new schools