Wirral Council: It’s time for some “openness and transparency” in the Lyndale School closure consultation!

Wirral Council: It’s time for some “openness and transparency” in the Lyndale School closure consultation!

Wirral Council: It’s time for some “openness and transparency” in the Lyndale School closure consultation!

                             

Labour councillors at a public meeting of Wirral Council's Coordinating Committee vote to consult on closing Lyndale School (27th February 2014)

Labour councillors vote at a public meeting of Wirral Council’s Coordinating Committee vote to consult on closing Lyndale School (27th February 2014)

The consultation on closing Lyndale School closes in about a fortnight (the consultation ends on 25th June 2014).

One of the reasons that an officer gave at the call in meeting for closing Lyndale School is Wirral Council reducing its contribution towards PFI (private finance initiative) costs and expecting the schools budget to cover it. The reduction is £600,000 this year and a planned reduction of £2.3 million for 2015-16 (the budget for 2015-16 will be agreed in 2015). This year the £600,000 PFI shortfall in the schools budget is being met from an underspend in the SEN budget, which I wrote about previously “Wirral Council officers want to spend £600,000 of £1.4 million special educational needs underspend on PFI deal”.

Expecting the schools budget in 2015-16 to pay for a further £2.3 million of PFI costs will according to this report to the Schools Forum “require permanent savings to be identified within the overall Schools Budget”. The PFI payments Wirral Council make go to a company called Wirral Schools Services Limited. One of the issues brought up at the last Schools Forum meeting was whether there was flexibility in PFI contract or whether the whole contract could be renegotiated so that the payments would be lower. As part of the Wirral Council’s annual audit, any person has a right to “inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating to them, and make copies of all or any part of the accounts and those other documents.”. Unfortunately the period when the public can do this will probably start after the Lyndale School consultation has finished.

I made two freedom of information act requests for copies of the invoices of the January 2014 PFI payment to Wirral School Services Limited of £1,092,160.12 and the February 2014 PFI payment to Wirral School Services Limited of £1,092,160.12. Both requests were turned down as Wirral Council claim they will be publishing these invoices in the next six months. I’ve submitted an internal review to both requests a week and half ago and Wirral Council have yet to respond.

On Saturday I wrote this email below requesting a copy of Wirral Council’s contract with Wirral School Services Limited. Five days later I am yet to receive a reply.

from: John Brace
reply-to: john.brace@gmail.com
to: David Armstrong
cc: “Sault, Tom W.”
date: 7 June 2014 09:32
subject: contract with Wirral Schools Services Limited

Dear David Armstrong,

I was talking with Tom yesterday and he reminded me that the period when the public can inspect (and receive copies) of contracts and invoices is coming up soon. I told him I was interested in the
Council’s contract with Wirral Schools Services Limited about the PFI matters.

He suggested I make an FOI request for it but I told him I hadn’t done so as I thought such a request would be turned down on grounds of commercial sensitivity (despite the fact that previous requests I’ve
made that fall within the Children and Young People’s Department have tended to be answered fully and quickly).

As you know there was quite a heated debate at the last Wirral Schools Forum about the Council reducing its funding for the PFI affordability gap. There is a current consultation on the closure of Lyndale School and clearly some sort of compensatory savings will have to be made to the schools budget to compensate for the Council’s contribution being reduced.

Providing the contract (which I’d quite happily publish) during the consultation on closure of Lyndale School would help with public understanding of officer’s assertions as to why savings need to be
made. I realise that I could wait until after the consultation is over and request it, but due to the reasons outlined and officers previous commitments at public meetings to be open and transparent during the consultation could the contract be provided electronically via email or if this is problematic copied and I’d be happy to pick up a copy at the Town Hall?

Thanks,

John Brace
——————————————————————————————————-
Here’s a quote from what Julia Hassall said on the 27th March 2014 at the call in meeting to councillors, officers and those present, which was reported on this blog “OK, by way of reassurance that we will have a very full and open and transparent consultation. “. In a Wirral Globe article of 17th March 2014 Julia Hasall is quoted as saying “There is a commitment to make sure that the 12 week consultation is a thorough, open and transparent process.”.

If I’m getting stonewalled and ignored over my requests for information that form part of the rationale for consulting on closing Lyndale School, then from my perspective Wirral Council isn’t being “open and transparent”.

There are some other points I will make about this consultation. In the consultation document it is written (in relation to financial years after 2014-15) “This budget deficit has the potential to increase in subsequent years by £120,000 per annum (every year), based on the numbers of children currently on the school roll.” and it also refers to a deficit this year of £19,000.

During the consultation, the headteacher Pat Stewart retired. Until the uncertainty over the future of Lyndale School is resolved I doubt they will be recruiting for a headteacher and the position will be vacant. Therefore due to Pat Stewart’s retirement, the figures used in the consultation are incorrect. According to the Times Educational Supplement from 2010 the average female special school headteacher was paid £59,000. As Lyndale School won’t have to pay her salary (as she’s retired) even if she is paid much less than the average as Lyndale is a small school this should lead to a surplus not a deficit this year.

I’ve no idea how this £120,000 per annum deficit figure is calculated. This report to Cabinet in January gives a different figure of £160,000 a year.

Personally I think it’s based on a lot of assumptions. As detailed in the government’s consultation on next year’s funding “We will retain the Minimum Funding Guarantee, which has been in place over many years and which dictates that for the vast majority of schools, funding per pupil cannot drop by more than 1.5% per year”. £120,000 (a drop of 15.75%) represents more than a 1.5% drop to Lyndale School’s budget, so Wirral Council must be assuming they will make a successful application to the Education Funding Agency for an exemption to the minimum funding guarantee for 2015-16 and that this will be approved.

This table which was presented to the Wirral School Forum meeting of the 13th November 2013 showed what effect moving to the “Place plus” system of funding would have had on Lyndale School’s budget for the 2014-15 financial year. Lyndale School’s budget allocation in fact increases from the previous year. In 2013-14 it is £761,733 and under place plus it’s £768,121.

So why have figures of £160,000 been used in a previous Cabinet report and £120,000 been used in the consultation document? I’ve no idea why and if you do, please leave a comment.

The final point I will make is that I look forward to reading the SEN Improvement Test, like many others I don’t understand fully how the proposal to close Lyndale School will meet the SEN Improvement Test.

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What happened between Wirral Council and the Education Funding Agency over the minimum funding guarantee?

What happened between Wirral Council and the Education Funding Agency over the minimum funding guarantee?

What happened between Wirral Council and the Education Funding Agency over the minimum funding guarantee?

                         

I’ve received a fuller response from the Education Funding Agency over my Freedom of Information request to the EFA about communications between themselves and Wirral Council over an application for exemption for the minimum funding guarantee (which was later withdrawn). Following the internal review the emails were now include who they were sent from and to and the dates as well as the emails about what happened after and Wirral Council’s withdrawal of their application for an exemption from the minimum funding guarantee requirements.

I see even a civil servant in the Department of Education expressed a similar sort of frustration (but in very a very diplomatic way) to that that the parents of children at Lyndale School had in dealing with Wirral Council officers. Gavin Monument (a civil servant who’s the School Funding Policy Adviser at the Education Funding Agency which is part of the Department of Education) states in an email to a Wirral Council officer dated 17th February 2014 “For some reason we are really struggling to understand your approach at this end and we do want to make sure we get it right when it gets sent to the Minister.”

As the issue of the minimum funding guarantee is connected to the issue of Lyndale School’s future that is currently being consulted on, I’m including the email exchanges below. Some of the statements made in these emails seem to directly contradict what was stated during public meetings by some Wirral Council officers on this matter.

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From: Roberts, Andrew D. [mailto:andrewroberts@wirral.gov.uk]
Sent: 03 January 2014 15:31
To: HOWKINS, Keith [keith.howkins@education.gsi.gov.uk]
Cc: FUNDING, ReformTeam [reformteam.funding@education.gsi.gov.uk]
Subject: RE: 237: Wirral 344 Special SchoFUNDING, ReformTeam ols exemption request

Hello Keith
Thanks for comments. I hadn’t picked up the change in grant conditions, or that protected rates apply only to Special Schools or Special Academies.
Option 3 is a calculation comparing each top-up band at a school with the rate used in 2013-14 (less 1.5%). I think from your comments below this no longer applies.
Option 2 compares the average amount that would be paid to a school using the new top ups and existing pupil data, with the amount that has been paid in 2013-14 (less 1.5%).

Option 1 – No MFG was supported by 4 out of 11 Special Schools
Kilgarth
Foxfield
Elleray Park
Orrets Meadow
Option 2 Average MFG was supported by 2 Special Schools
Claremount
Stanley

Regards
Andrew

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From: keith.howkins@education.gsi.gov.uk [mailto:keith.howkins@education.gsi.gov.uk]
Sent: 30 December 2013 15:24
To: Roberts, Andrew D. [mailto:andrewroberts@wirral.gov.uk]
Cc: FUNDING, ReformTeam [reformteam.funding@education.gsi.gov.uk]
Subject: RE: 237: Wirral 344 Special Schools exemption request

Andrew – thanks for sending this through.

Could you explain more about the difference between options 2 and 3 please, and send through details on which option each special school supported?

We appreciate that there was some confusion over the exact wording of the protection requirements. What we said originally about these applying to each top-up rate was incorrect; the correct wording is what you have quoted below and applies to the overall budget if the number and overall type of places remained the same. I’m not sure if this changes anything you have sent.

As a point of information, the protection arrangements in the conditions of grant only apply to special schools and academies. There is no protection requirement for special units or AP, so you do not need any approval for proposals in relation to these.

Keith

Keith Howkins

Team Leader, Funding Reform Team

Maintained Schools Division

Education Funding Agency

Department for Education

2 St Paul’s Place

Sheffield. S1 2FJ

=======================================================================================================
From: Roberts, Andrew D. [mailto:andrewroberts@wirral.gov.uk]
Sent: 12 December 2013 12:35
To: FUNDING, ReformTeam [mailto:reformteam.funding@education.gsi.gov.uk]
Subject: 237: Wirral 344 Special Schools exemption request

This letter is requesting exemption from the requirement for an SEN MFG included within the 2014 – 2015 DSG additional conditions of grant. Paragraph g “In deciding on top up funding rates for the pupils it will place in special schools …. and the total number and type of places received the same in the 2 financial years the school or Academy budget would receive by no more than 1.5% in cash between 2013 – 2014 and 2014 – 2015.”

Over the past 12 months a Schools Forum SEN finance group has met to develop proposals for high needs funding and particularly to agree a banded approach for specialist SEN provision.

A banded system (with 5 bands) was developed taking account of a number of issues:

· The need for stability
· The fluctuation arising from part year places and the need to have places available.
· To take account of the increasing demands and population with social communication needs and to recognise the resource intensive nature of provision for children with profound and multiple learning difficulties.

These 5 bands have also been applied to SEN resourced base provision in mainstream schools and academies. The bands used take account of the same needs identified within Wirral’s 11 special schools and in addition gives an equivalent level of funding for each child.

Changes of this nature will result in movement of resources and a number of schools will as a result receive more funding and others will receive less. However proposals include a contingency fund to financially support any specialist provision that may experience financial difficulties.

The SEN top up proposals were subject to a full consultation with all schools and providers in Wirral, commencing on 3rd July and closing on 18th October. The consultation papers included an illustration for each school of the funding a school might receive using current numbers and numbers at capacity, compared with the level of funding provided in 2013 – 2014. In addition there has been a series of meetings with schools to discuss the changes suggested.

24 responses were received including 10 out of 11 special schools and 6 out of 14 school SEN resource bases. Overall the responses were supportive and in favour of the local authority’s proposals.

Since the consultation was launched schools were asked a supplementary question about views on seeking an exemption from the requirement for an SEN MFG. This approach has been adopted because the MFG will not work with the new top up bands. Without capping the MFG costs an additional £800,000 which would be unaffordable, whilst capping would defer the introduction of the new top-up structure.

Schools were asked for their preferences based on a table illustrating:

No MFG (7)
An Average MFG (phased over 3 years) (5)
A full MFG (0)
The responses are shown in brackets above.

This issue was discussed at the Schools Forum meeting on 13th November 2013. The recommendation from the forum was “That Forum supports an application to the EFA for an exemption from the requirement to use an MFG (Option 1) on Top Ups for 2014 – 2015, and failing that Forum request the EFA agree the use of an average MFG (Option 2)”

A number of papers are attached to this e-mail including:

School Forum Agenda from 13 November 2013:
– Element 3 Top up funding arrangements for pupils with high needs (SEN) and for pupils attending Alternative Provision. (This report includes the consultation paper and letter to schools about the MFG)
– An extract from the Schools Forum minutes

Please let me know if you would like further details.

I look forward to hearing from you

Yours sincerely

Andrew Roberts
Senior Manager – School Funding & Resources
Children and Young People’s Department
Wirral Council
Tel: 0151 666 4249
Fax: 0151 666 4338
andrewroberts@wirral.gov.uk

Visit our website: www.wirral.gov.uk

=======================================================================================================
From: Roberts, Andrew D. [mailto:andrewroberts@wirral.gov.uk]
Sent: 14 March 2014 10:52
To: MONUMENT, Gavin [mailto:gavin.mounment@education.gsi.gov.uk]
Subject: RE: Wirral 344 Special Schools exemption request- additional information

Hello Gavin
Further to our meting I am writing to confirm the withdrawal of Wirral’s application for an MFG exemption for High Needs. The clarification provided by the EFA indicates the additional cost for Maintained Special Schools be be in the region of £80,000, which is affordable within the High Needs Budget. It is the intention to make the same offer available to Resourced Base provision in Primary, Secondary schools and academies, although this may be for one year only.
Thanks you for your advice.
Regards
Andrew

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From: gavin.mounment@education.gsi.gov.uk [mailto:gavin.mounment@education.gsi.gov.uk]
Sent: 17 February 2014 14:09
To: Roberts, Andrew D. [mailto:andrewroberts@wirral.gov.uk]
Subject: RE: Wirral 344 Special Schools exemption request- additional information

Hi Andrew,

Sorry for the delay in coming back to you on this. I thought Keith had ruled out your original option 3 – which compared each top-up band at a school with the rate used in 13-14 – as the conditions of grant confirmed the protection applies to the overall budget level. So I thought we were down to options 1 and 2

For some reason we are really struggling to understand your approach at this end and we do want to make sure we get it right when it gets sent to the Minister. I’m due to be over in the North West later in the week and I’m wondering if the simplest solution would be to pop across for a chat and see if we can clear this up face-to-face rather than via e-mail. It probably won’t take very long to do and be less frustrating to you guys who have worked all this through whilst I’ve got a mental block on it. Would this sound a good idea? I can do Wednesday afternoon or any time on Thursday if this would work for you.

Thanks

Gavin.

Gavin Monument
School Funding Policy Adviser
Maintained Schools Division

Mowden Hall
Staindrop Road
Darlington
Tel: 01325 735842
Mob: 07824 895783

www.education.gov.uk

=======================================================================================================
From: Roberts, Andrew D. [mailto:andrewroberts@wirral.gov.uk]
Sent: 20 January 2014 13:05
To: MONUMENT, Gavin [mailto:gavin.mounment@education.gsi.gov.uk]
Subject: RE: Wirral 344 Special Schools exemption request- additional information

Hello Gavin
Keith indicated that Option 1 is not correct – the MFG applies to the overall budget (ie I think this means average values and Option 2).Similarly the calculation is only required for Special Schools not Resourced Bases (so is a lesser requirement)The request is for no MFG, but if we need to have one then it should be Option 2.
Is there any idea on timescales?
Thanks
Andrew
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From: gavin.mounment@education.gsi.gov.uk [mailto:gavin.mounment@education.gsi.gov.uk]
Sent: 14 January 2014 11:29
To: Roberts, Andrew D.
Subject: RE: Wirral 344 Special Schools exemption request- additional information

Thanks Andrew,

That’s been really helpful as I’ve been able to track through the calculations for the options. Can I check my understanding though, just to make sure we’ve captured your request correctly.

Your preference is to run with option 1, which uses the banding system for the schools, but creates a much larger MFG requirement. So, you are requesting an MFG exclusion to be able to move straight to the new banding system. If this is not approved you would move to option 2, which uses an average rate for each school as this creates a much lower MFG requirement. Are you also asking for an MFG exclusion for option 2, or will you run with this option including the MFG impact?

Many thanks

Gavin.

Gavin Monument
School Funding Policy Adviser
Maintained Schools Division

Mowden Hall
Staindrop Road
Darlington
Tel: 01325 735842
Mob: 07824 895783

www.education.gov.uk

=======================================================================================================
From: Roberts, Andrew D. [mailto:andrewroberts@wirral.gov.uk]
Sent: 08 January 2014 17:59
To: FUNDING, ReformTeam [mailto:reformteam.funding@education.gsi.gov.uk]
Cc: MONUMENT, Gavin [mailto:gavin.mounment@education.gsi.gov.uk]
Subject: Wirral 344 Special Schools exemption request- additional information

Hello Gavin
The attached is a summary of the MFG calculation. The end column shows the MFG for each school. The average band rate shown is a weighted band average for each school which is then compared with the MFG rate.
Pupil numbers used are:
Elleray and Stanley 90
Lyndale 25
Observatory 45

Andrew Roberts
Senior Manager – School Funding & Resources
Children and Young People’s Department
Wirral Council
Tel: 0151 666 4249
Fax: 0151 666 4338
andrewroberts@wirral.gov.uk

Visit our website: www.wirral.gov.uk

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3 reasons why Wirral Council got budget projections on Lyndale School so very wrong

3 reasons why Wirral Council got budget projections on Lyndale School so very wrong

3 reasons why Wirral Council got budget projections on Lyndale School so very wrong

                         

Labour councillors at a public meeting of Wirral Council's Coordinating Committee vote to consult on closing Lyndale School (27th February 2014)

Labour councillors at a public meeting of Wirral Council’s Coordinating Committee vote to consult on closing Lyndale School (27th February 2014)

Reason 1: An assumption was made about the minimum funding guarantee

As covered in an earlier blog post, Wirral Council applied to the Education Funding Agency for permission that the minimum funding guarantee requirement that Lyndale School in 2014-15 (minimum funding requirement means it would receive at least 98.5% of the funding it got in 2013-14 when Lyndale School’s budget was £761,733) wouldn’t apply.

You can read Wirral’s application here in response to my Freedom of Information Act request to the Education Funding Agency.

The report to Cabinet uses a figure of a deficit of £72,000 for 2014-15 (see the fourth paragraph of 2.8) which is 9% of Lyndale School’s budget. However Wirral withdrew their application for an exemption from the minimum funding guarantee before the call in meeting.

As this blog post details at the end thanks to the minimum funding guarantee Lyndale now project a small surplus in 2014-15 and the cumulative deficit at the end of 2015 is only projected to be £18,000 rather than the £72,000 figure used in the January Cabinet report.

Reason 2: A prediction about Lyndale’s budget in an unspecified future year

In the same Cabinet report a deficit for Lyndale School’s budget is predicted in an unspecified future year of £160,000 (representing £10,000 for each of the sixteen spare places it has) (see the fourth paragraph of 2.8). This is added to the projected £72,000 deficit to make £232,000. Reason 1 goes into detail as to why the £72,000 figure is wrong.

However the £160,000 figure is wrong (in my opinion) too and here is why. As specified in Wirral Council’s application for an exemption from the minimum funding guarantee, the minimum funding guarantee is a condition of the Dedicated Schools Grant that Wirral Council receive each year from the government for education. The minimum funding guarantee is also a legal requirement.

The full wording of that condition of the 2014-15 schools grant for Wirral Council is only partially quoted in their application for an exemption from the minimum funding guarantee. However it can be found in this document Dedicated schools grant (Departmental guide for local authorities on the operation of the grant 2014-2015) (page 6) and is quoted here:-

Determination of the local funding formula and funding for high needs pupils

“11. The following conditions apply in relation to the determination of the local funding formula and the funding for high needs pupils:

…….

g. in deciding on top-up funding rates for the pupils it will place in special schools maintained by the Authority and Special Academies formerly maintained by the authority, the authority must ensure that the rates for each school are set no lower than at such a rate or rates that, if all the pupils in the school or Academy were placed by the authority, and the total number and type of places remained the same in the two financial years, the school or Academy’s budget would reduce by no more than 1.5% in cash between 2013 to 2014 and 2014-15;”

This reference to a £160,000 deficit can however be read as a reference to Lyndale School’s budget for 2015-16. The government is currently running a consultation on schools funding (which ends on 30th April 2014) called Fairer Schools Funding 2015-16. One of the consultation documents as part of the consultation has this to state on the minimum funding guarantee.

“We will retain the Minimum Funding Guarantee, which has been in place over many years and which dictates that for the vast majority of schools, funding per pupil cannot drop by more than 1.5% per year*”

“*Some funding is excluded from the calculation of the Minimum Funding Guarantee. Details of this are in 2014-15 Revenue Funding Arrangements: Operational Information for Local Authorities.

The latter document specifies a number of exclusions to the Minimum Funding Guarantee, which don’t apply to Lyndale School. Although the government has committed to a minimum funding guarantee for 2015/16 it hasn’t specified what level it will be at as this is dependant on a spending review that has yet to take place. However using Lyndale’s 2013-14 budget as a guide (£761,733), £160,000 represents a massive drop of 21%.

2015 is a General Election year, do you think the government would really set the minimum funding guarantee for 2015-16 low enough to cause the kind of huge deficit that would lead to many schools across the country closing in the months leading to a General Election? Personally I don’t think it would.

3. But what about “Place plus”?

The rationale behind the £160,000 mentioned in reason 2 was that for each place Wirral Council receives £10,000. Lyndale School at the time of writing the Cabinet report had sixteen empty places (16 * £10,000), therefore if the funding Wirral Council receives is based on pupils at Lyndale rather than places Lyndale would lose out due to the empty places.

As mentioned earlier, the minimum funding guarantee doesn’t make this an issue in 2014-15. The way the minimum funding guarantee is calculated for 2014-15 for a special school doesn’t take account of the numbers of pupils or empty places at a school. As the legislation on how to calculate the minimum funding guarantee for 2014-15 quite clearly states:

“references to the number of pupils exclude those funded by a sixth form grant and those in places which the local authority have reserved for children with special educational needs;”

As referred to at the end of reason 2, it’s a General Election year next year, will the government really change how the minimum funding guarantee for special schools is calculated for 2015-16 from a formula based on the total budget of the school to a pupil based formula causing some special schools to close in the lead up to the General Election? I haven’t got a crystal ball, but I doubt they would. Even if the funding formula changes to a more pupil based funding, the minimum funding guarantee for 2015-16 (at whatever level it is set at) should protect schools like Lyndale School from large changes to their budget.

So what do you think? Have I got something wrong? If there is no financial reason to close down Lyndale what’s the real reason? I’d be delighted to read your opinion and you can have your say (even anonymously) by leaving a comment.

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What are the reasons why Wirral Council plan to consult on closing Lyndale School?

What are the reasons why Wirral Council plan to consult on closing Lyndale School?

What are the reasons why Wirral Council plan to consult on closing Lyndale School?

 

What’s interesting is how Julia Hassall’s (Wirral Council’s Director of Children’s Services) reasons to consult on the closure of Lyndale School have changed over time.

http://www.youtube.com/watch?v=Pxt7NLR2biU#t=13m46s
Julia Hassall addresses the Cabinet (16th January 2014). What’s quoted below starts at 13:46.

Julia Hassall said to Cabinet, “The reasons for considering consulting on closure of the school are set out in paragraph 2.4 of the report. Closure of the school is being proposed for consideration because the viability of the school is compromised by its small size and falling roll which does contribute to a difficult financial position.”

http://www.youtube.com/watch?v=8_QKYyKwJkQ#t=2m05s
Julia Hassall talks to the Coordinating Committee meeting of the 27th February who were reviewing the Cabinet’s decision starting at 2:05.

Julia Hassall said to the Coordinating Committee, “The report that was presented to Cabinet on the 16th January was seeking approval to consult on the closure of Lyndale School. The report set out the background saying that local authorities have a statutory duty to make sure that there are sufficient places in their area and there’s fair access to educational opportunity to promote every child’s potential.

The reasons why in the report we’re considering the closure of the school is because of the viability of the school was compromised because of its small size and falling roll which both contribute to a difficult financial position and I think as you said Chair [Cllr Steve Foulkes] earlier, this is not in any way because of the standard of care and education within the school which is good and in many aspects outstanding.”

Interview (BBC regional news) 18th March 2014

In an interview Julia Hassall said, “The quality of care and education is really good at this school but there are concerns about whether we can sustain this school going forward” (source interview (ITV regional news) 20th March 2014).

However two days later she seemingly has a complete volte-face on funding or financial reasons being the reason for consulting on closing Lyndale.

Interviewer: This is all about saving money for the Council, isn’t it?
Julia Hassall: It’s absolutely not about saving money for the Council or balancing the Council’s books.
Voiceover: Julia Hassall is Wirral Council’s Director of Children’s Services.
Julia Hassall: If, and it’s very much if Lyndale School closes, the Council does not benefit in any way.
Voiceover: The Council also say that Lyndale children would be well looked after if they had to move to another school.
Julia Hassall: Both of the other schools could care adequately for these children and educate them properly. They’ll need to make some changes and adjustments. We absolutely will not put these children in settings where their needs are not properly met.
Voiceover: A consultation on the future of Lyndale School will start next month, the Council say they are minded to shut it down. The parents will continue their campaign to keep it open.

Below is a copy of page three of a handout at the Coordinating Committee meeting on the 27th February deciding on the call in to consult on closing Lyndale School which explains

LYNDALE SPECIAL PRIMARY SCHOOL, EASTHAM

SURPLUS FORECAST FOR 2014/15
Following a further cost saving exercise (re non teaching staff costs) recently approved by the Governors, & on the basis that the Minimum Funding Guarantee is to be applied, a small surplus is now forecast for 2014/15 & the cumulative deficit at 31/3/15 is now forecast to be approx £18,000, rather than the cumulative £72,000 included in the January Report to Cabinet. Savings from this reorganisation of approx £70,000 per annum, will continue in future years.

AGREED PLACES ALLOCATION
Following the independent reviews undertaken by Eric Craven in 2012, the Governors consider that the appropriate number of places to be allocated to School (as required to be agreed with the Education Funding Agency) to be 28.

TOP UP FUNDING
As detailed in the submissions to the recent consultations, the Governors consider that the currently proposed level of Band 5 Top Up funding of £16,000 per pupil to be insufficient to fund the necessary support required by these children. (As you will be aware, the Governors response to the 2013 consultation considered that the Band 5 Top Up funding should be £27,500 per pupil to adequately cover the various & complex needs of these most vulnerable children. Please also note that the Full Time Equivalent cost of a teaching assistant currently stands at just over £21,000 per annum.)
To this end, the Governors consider it essential for an impartial assessment of the needs of each individual pupil to be undertaken, from which the appropriate level of funding should follow.

PUPIL SAFETY
In view of the Band 5 assessed pupils’ lack of mobility and complete vulnerability, the Governors consider it essential for the children to be educated in a completely safe environment and the current proposals do NOT meet this necessary requirement. It is more cost effective to invest available capital funding in making relatively minor changes to the existing Lyndale premises rather than making significant changes to the newly rebuilt Stanley School or Elleray Park (which is already planned to expand, but purely to adequately deal with their existing pupil numbers.)

EDUCATION
The Governors and staff have always aimed to make Lyndale a Centre of Excellence for the education of PMLD pupils and the current proposals would be detrimental both to the considerable staff expertise which has built up over the years and to the group of available supply staff who provide the necessary support ensuring the best for our children.
Ian D Harrison F C A
Vice Chair of Governors, Lyndale School
26th March 2014

So if anyone could leave a comment detailing the reason (or reasons) why Wirral Council is planning to consult on closing Lyndale School it would be appreciated!

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Incredible: Wirral Council officer states to EFA that special schools’ minimum funding guarantee is “unaffordable”

Incredible: Wirral Council officer states to EFA that special schools’ minimum funding guarantee is “unaffordable”

Incredible: Wirral Council officer states to EFA that special schools’ minimum funding guarantee is “unaffordable”

                                    

Labour councillors at a public meeting of Wirral Council's Coordinating Committee vote to consult on closing Lyndale School (27th February 2014)

Labour councillors at a public meeting of Wirral Council’s Coordinating Committee vote to consult on closing Lyndale School (27th February 2014)

I received a response yesterday from the Education Funding Agency to my Freedom of Information Act request about Wirral Council’s application for an exemption from the minimum funding guarantee (that was later withdrawn).

Wirral Council assumed it would make a successful application for an exemption from the 98.5% minimum funding guarantee. This was what led to the predicted shortfall in Lyndale School’s budget of £72,000 for 2014/15. This application was later withdrawn (before the Education Funding Agency reached a decision on it) which led to Lyndale School’s financial forecast for 2014/15 changing from a deficit to a surplus.

The detail of the rationale behind the application is interesting though and is included below. It seems to it was emailed to the Education Funding Agency by an Andrew Roberts (Senior Manager, School Funding & Resources). The date of the email isn’t included, however I’ve submitted an internal review request for that too.

What’s interesting is that it in the application Andrew Roberts states “However proposals include a contingency fund to financially support any specialist provision that may experience financial difficulties.” However at the Coordinating Committee meeting of the 27th February the eight Labour councillors voted against an amendment (six voted for the amendment who were the Lib Dem councillor, five Conservative councillors and the parent governor rep) proposed and seconded by the Conservative councillors that was “We would like to seek assurance that the required contingency funding is in place to top up the special educational funding to ensure that the level of funding required for the best care and education is provided for all children.”

Wirral Council’s Andrew Roberts also states “Without capping the MFG (minimum funding guarantee) costs an additional £800,000 which would be unaffordable, whilst capping would defer the introduction of the new top-up structure.”

This however seems to contradict what Surjit Tour stated at Budget Cabinet on the 12th February 2014 in his advice to Cabinet deciding on their recommendation to Council for the Schools Budget for 2014/15 (I’ve underlined the relevant section of what Surjit Tour said) which was

“Queries have been raised with regards to whether there is an impact on the outstanding call in, in relation to the Schools Budget which may have a direct impact.

One of them in particular is the proposals for changes to the school’s top up payments for schools with high needs. Members will be aware that the matter is to be considered by the Policy and Performance Coordinating Committee on the 27th February. The position with regards to the proposed Schools Budget is that it includes a contingency provision and that provision is considered sufficient to meet any potential financial implications that may arise as a result of the forthcoming call in hearing and therefore you can agree the, the proposed budget is both sufficient and sufficiently flexible to address any potential implications that may arise and that therefore means that the budget can be proposed to Council forthwith.”

The contingency referred to was for £908,900. At this point you might point out that £908,900 is more than enough to cover the £800,000 extra needed by the minimum funding guarantee. However if you read this report to the Wirral Schools Forum meeting of the 22nd January 2014 it states what the £908,900 contingency is planned to be used for and I quote:

Contingency. The contingency identified of £908,900 is required to cover the potential costs of:

  • Adjustments with the EFA for post 16 students. There are ongoing discussions about the costs of mainstream school and academy High Needs places (£6,000 per place) which potentially will cost £372,000
  • Any unforeseen consequences arising from the implementation and review of High Needs Top Ups.
  • Unfunded growth in place numbers – there has been a small net increase in the planned number of High Needs places
  • Any mismatch between places identified with providers and places taken up.
  • Inflationary pressures within Non Maintained Special Schools.
  • Uncertainty about the overall statement numbers

So with Wirral Council officers stating that funding Lyndale School is first “unaffordable”, then another officer stating that “provision is considered sufficient to meet any potential financial implications” is it any wonder that people are confused on this point?

The minutes of the Coordinating Committee deciding the call in state “The Committee noted that the minimum funding guarantee was now more affordable, therefore the application for an exemption from this requirement had been withdrawn.”

How can it be “more affordable” though? Has the designation of what the contingency fund to be used for changed from what was agreed by the Wirral Schools Forum in January (as outlined above) to a decision behind the scenes to withdraw the minimum funding guarantee exemption application and use the contingency to fund the minimum funding guarantee? Is the reason why funding is no longer mentioned with regards to Lyndale School because officers stated (at different times) that it was both affordable and unaffordable (and as the underlying budget hasn’t changed both positions can’t both be accurate can they)?

Wirral Council’s Julia Hassall now says that the consultation on closing Lyndale School is because of pupil numbers as there are twenty-three children at the school which has a capacity for forty. Following the review by Eric Craven there was a reduction in the planned admission number for Lyndale School last year from forty-five to forty. I’m sure Wirral Council (if it wanted to) could reduce the planned admission number at Lyndale School for future years to a lower number such as thirty or twenty-five.

Wirral Council’s policy on the admission arrangements for primary schools for 2015-16 was agreed by Cabinet last Thursday. In it it states at “3.5 Special Needs. All schools will be required to admit a pupil with a Statement of Special Educational Needs naming the school.”

Therefore if Wirral Council started naming Lyndale School in SEN statements, rather than sending more pupils to oversubscribed special schools such as Elleray Park (currently with 91 pupils and 80 places) wouldn’t this help increase numbers at Lyndale towards its place figure of forty?

What’s interesting is that money was put in the budget for next year to increase the numbers of places at Elleray Park by ten. So why can’t Wirral Council agree to reduce the number of places at Lyndale School by ten?

Below is Wirral Council’s application (later withdrawn) from Andrew Roberts for an exemption from the minimum funding guarantee which guarantees that schools receive at least 98.5% of the money they received the previous year.
——————————————————————————————————-

This letter is requesting exemption from the requirement for an SEN MFG included within the 2014 – 2015 DSG additional conditions of grant. Paragraph g “In deciding on top up funding rates for the pupils it will place in special schools …. and the total number and type of places received the same in the 2 financial years the school or Academy budget would receive by no more than 1.5% in cash between 2013 – 2014 and 2014 – 2015.”

Over the past 12 months a Schools Forum SEN finance group has met to develop proposals for high needs funding and particularly to agree a banded approach for specialist SEN provision.

A banded system (with 5 bands) was developed taking account of a number of issues:

  • The need for stability
  • The fluctuation arising from part year places and the need to have places available.
  • To take account of the increasing demands and population with social communication needs and to recognise the resource intensive nature of provision for children with profound and multiple learning difficulties.

These 5 bands have also been applied to SEN resourced base provision in mainstream schools and academies. The bands used take account of the same needs identified within Wirral’s 11 special schools and in addition gives an equivalent level of funding for each child.

Changes of this nature will result in movement of resources and a number of schools will as a result receive more funding and others will receive less. However proposals include a contingency fund to financially support any specialist provision that may experience financial difficulties.

The SEN top up proposals were subject to a full consultation with all schools and providers in Wirral, commencing on 3rd July and closing on 18th October. The consultation papers included an illustration for each school of the funding a school might receive using current numbers and numbers at capacity, compared with the level of funding provided in 2013 – 2014. In addition there has been a series of meetings with schools to discuss the changes suggested.

24 responses were received including 10 out of 11 special schools and 6 out of 14 school SEN resource bases. Overall the responses were supportive and in favour of the local authority’s proposals.

Since the consultation was launched schools were asked a supplementary question about views on seeking an exemption from the requirement for an SEN MFG. This approach has been adopted because the MFG will not work with the new top up bands. Without capping the MFG costs an additional £800,000 which would be unaffordable, whilst capping would defer the introduction of the new top-up structure.

Schools were asked for their preferences based on a table illustrating:

No MFG (7)
An Average MFG (phased over 3 years) (5)
A full MFG (0)
The responses are shown in brackets above.

This issue was discussed at the Schools Forum meeting on 13th November 2013. The recommendation from the forum was “That Forum supports an application to the EFA for an exemption from the requirement to use an MFG (Option 1) on Top Ups for 2014 – 2015, and failing that Forum request the EFA agree the use of an average MFG (Option 2)”

A number of papers are attached to this e-mail including:

School Forum Agenda from 13 November 2013:
Element 3 Top up funding arrangements for pupils with high needs (SEN) and for pupils attending Alternative Provision. (This report includes the consultation paper and letter to schools about the MFG)
An extract from the Schools Forum minutes

Please let me know if you would like further details.

I look forward to hearing from you

Yours sincerely

Andrew Roberts signature

Andrew Roberts
Senior Manager – School Funding & Resources
Children and Young People’s Department
Wirral Council
Tel: 0151 666 4249
Fax: 0151 666 4338
andrewroberts@wirral.gov.uk

Visit our website: www.wirral.gov.uk

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