Lyndale School Consultation Meeting: Julia Hassall explains why Wirral Council are consulting on closure (Part 1)

Lyndale School Consultation Meeting: Julia Hassall explains why Wirral Council are consulting on closure (Part 1)

Lyndale School Consultation Meeting: Julia Hassall explains why Wirral Council are consulting on closure (Part 1)

                            

The last of the meetings concerning the consultation on closing Lyndale School was held in the hall at Acre Lane Professional Excellence Centre. There to answer questions people had were David Armstrong (Assistant Chief Executive), Julia Hassall (Director of Children’s Services), Andrew Roberts and Phil Ward (who was chairing the meeting). There was also a sign language interpreter called Sue March, however Phil Ward sent the sign language interpreter away as there was no one present (from the twenty-five or so others present at the start of the meeting) that indicated they needed sign language interpretation.

Labour’s Cabinet Member for Children and Family Services Councillor Tony Smith arrived about five minutes late to the meeting. He sat with the three officers, but didn’t take a part in answering the questions people had.

Julia Hassall said she was “pleased to see so many people” and that there had been some people who had been to all six meetings. She was giving the same introduction at each one, which was drawn from the consultation document (copies of which were available for people at the meeting). She described Lyndale School as a special school in Eastham for children with complex learning disabilities whose viability was compromised by a falling roll and a small number of children.

It was at this point that Councillor Tony Smith arrived.

She repeated a point she had made at a previous meeting, that the consultation on closure was nothing to do with standards of education at the school as the last OFSTED inspection in November 2012 had concluded that the school was good with many outstanding aspects. However in her view Wirral Council needed to get future provision right and in her view two other schools (Elleray Park and Stanley) were able to provide good quality education and care.

Ms Hassall said that the closure proposal was not linked to Wirral Council’s need to save money as any money saved would be used elsewhere, however they were under a duty to make sure there were sufficient school places. She referred to the Children and Young Peoples Plan and the Children and Families Act 2014 c.6. She said that the new legislation would improve the partnership between education and health as the care plan would detail how both education and health would meet the children’s needs in a joined up way.

She referred to the report to the Cabinet meeting of the 16th January when they had agreed to start the consultation and the other options that were being consulted on (she went through the options some of which other than closure were becoming a 2-19 school, federating with another school, co locating with another school, becoming a free school or academy). The full list of options are detailed in an appendix to the Cabinet report. Julia Hassall said that during the consultation all options and any new ones were being considered.

Continuing she told those present that the Cabinet decision of the 16th January had been called in and looked at again by the Coordinating Committee on the 5th February and 27th February. She said that the Coordinating Committee had recommended that the consultation start, which had begun on the 2nd April.

Since the consultation had begun, there had been three meeting in April, two already in June with this meeting being the last of the six. Issues that had been brought up previously were referred to. She said that they had to apply the SEN Improvement Test as any alternative had to be as good as or better than the current provision. Julia Hassall said that they had agreed to engage an independent consultant Lynn Wright (Ed – I am unsure of the exact spelling of this person’s name however this was what it sounded like Julia Hassall said) to offer advice how how they looked at the eight options, any new options and to assess how they applied the SEN Improvement Test. She said that Lynn Wright was not known to the officers prior to this and would produce a separate report with an independent view that would be included when Cabinet decided whether to proceed for a formal proposal.

If Cabinet decided to proceed to the next stage, then there would be a four week statutory representations period and if Cabinet finally approved to close the school it would close at the end of the summer term in 2015 and children at Lyndale would be transferred in September 2015. She wanted to stress that no decision had been made and they would take everybody’s views into account. Ms Hassall referred to someone called Janice who was taking notes on the front row. She continued by saying that small schools could go into financial deficit whereas larger schools had more flexibility and could spend a higher proportion on teaching and meeting children’s needs.

Every January they took a census of pupil numbers. There were 401 children attending nursery with complex learning difficulties and within this 401, sixty-four had profound and multiple learning difficulties. However the number of children with profound and multiple learning difficulties had been similar over the past four years and wasn’t a growing trend. She referred to the number of places at Elleray Park and how through discussions with the school and building work they planned to increase the places there to 110. Stanley School had moved from its former site to a purpose built school and in her view they could add a further five to ten more children there without an extension but could extend it if needed to give sufficient places. She referred to a meeting between the Chief Executive (Graham Burgess) and three parent governors and how there would be a further meeting on Friday (20th June). She then handed over to David Armstrong.

Continues at Lyndale School Consultation Meeting: David Armstrong explains why there’s a consultation and questions begin (Part 2).

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4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

                          

Leonora Brace (my wife) and Councillor Adrian Jones (as Father Christmas) in Birkenhead, Christmas 2013
Leonora Brace (my wife) and Councillor Adrian Jones (as Father Christmas) in Birkenhead, Christmas 2013

Liberal Democrat councillors have gathered four of the six signatures needed to “call in” Councillor Adrian Jones’ decision to agree to a £20,000 lease of office space at Birkenhead Fire Station for the Birkenhead Constituency Committee. Birkenhead Fire Station is leased to Merseyside Fire and Rescue Service for the next thirty years. This is because it was built by a private developer under a private finance initiative scheme. Merseyside Fire and Rescue Service have told Wirral Council that the private developer will need £10,000 a year (over the two years of the lease) if Wirral Council were to lease office space in it. If the lease was agreed it would see Wirral Council being responsible for any costs and utilities of the office space on a pro-rata basis.

The four Lib Dem councillors are worried that “no other options have been considered” and express a view that there is available office space in Council owned buildings nearby. The Lib Dem councillors also ask for the criteria for choosing the location and whether it was just office space required or whether there was a requirement for public access too.

Should the Lib Dem councillors gather the six signatures required for a call in by the call in deadline on the 17th June, the decision will be looked at again by a special meeting of the Coordinating Committee. Since its former Chair Councillor Stuart Whittingham became Cabinet Member for Highways and Transport, this committee is now chaired by recently re elected Councillor Moira McLaughlin. As the Coordinating Committee has a majority of Labour councillors on it, even if the Lib Dem councillors get the necessary support for a call-in, Councillor Adrian “Father Christmas” Jones is likely to have the last “ho, ho, ho” on the matter.

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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 did officers say about Lyndale School in reply to “how much money you would expect to get if you sold that land?”

What did officers say about Lyndale School in reply to “how much money you would expect to get if you sold that land?”

What did officers say about Lyndale School in reply to “how much money you would expect to get if you sold that land?”

 

Councillor Paul Doughty asks a question of Julia Hassall about confidence in the Lyndale School closure consultation

Councillor Paul Doughty asks a question of Julia Hassall about confidence in the Lyndale School closure consultation

Julia Hassall (Director of Children’s Services) and David Armstrong (Assistant Chief Executive) answer questions from councillors on the Lyndale School closure consultation decision

Continuing from yesterday’s transcript of the Coordinating Committee meeting is a transcript of the next fourteen minutes of what officers said at the Coordinating Committee meeting of the 27th February 2014 that was to reconsider the Cabinet decision to consult on closing Lyndale School. On April 2nd, Wirral Council plan to start a twelve week consultation on the closure. The Cabinet report titled “Report seeking approval to consult on the closure of Lyndale School” can be read on Wirral Council’s website.

JULIA HASSALL
..are all included within the admissions book.

(heckling) I didn’t see it. I didn’t see it.

JULIA HASSALL
OK, if there are individual parents who are saying this evening they’ve not received that, then that’s something I will continue to look into.

(heckling)

COUNCILLOR LEAH FRASER
So, quite right. My second question is errm, if you look at the, well the information tonight page 141, 140 to 141 2.5 if you skip the bullet points and go straight to the paragraph at the top of page 141, I won’t read the whole paragraph out but it just says that the changes proposed over a two year period, April 2014 to 16 and will be kept under review with regular reports to the Schools Forum. You’re looking to consult on closure for Lyndale, oh sorry.

JULIA HASSALL
Sorry Chair, is this the second report?

COUNCILLOR LEAH FRASER
It’s the err…

COUNCILLOR STEVE FOULKES
The first.

COUNCILLOR LEAH FRASER
It’s the 21st of March?

COUNCILLOR STEVE FOULKES
Quite right, that is under the funding report.

COUNCILLOR LEAH FRASER
Oh no, no, no. Oh right. Maybe I should ask that? It’s not about funding.

COUNCILLOR STEVE FOULKES
It is under the funding report. I’m afraid, sorry.

COUNCILLOR LEAH FRASER
OK, I’ll hold back on that. I’ll hold back on that question but I won’t forget.

Right, my next two questions are for David. You just said that you were involved when Lyndale sort of moved from Clatterbridge. How big’s the area, the size around Lyndale School’s on at the moment?

DAVID ARMSTRONG
I can honestly say Councillor Fraser that I don’t know the answer because I’ve deliberately because I don’t want it to confuse the debate and become a distraction, we have done no action whatsoever looking at the Lyndale site.

I said to Pat this evening after the parents spoke at the last meeting, I would very much like to have visited the school and have a look around, so I did talk to Pat but also to remind myself about the school as I was a mainstream teacher.

I deliberately haven’t done that because if I go to the school particularly with my current monitoring responsibilities everyone will think I’ve come to look at the building or look at the site or look at the land. I know the area that the site occupies but genuinely myself and no one else in my team that work with me would have come to look at the site. So I couldn’t actually quote that figure tonight.

COUNCILLOR LEAH FRASER
Well if you’ve got, this leads me on to another point, without being difficult surely the Council has maps that you could look at? And also to see the size of the land? And also if the numbers at Lyndale are going down why are you extending Elleray Park?

(applause)

COUNCILLOR LEAH FRASER
When my children went to school and I could choose the school, if there weren’t enough places there tough, you had to go to another school. Obviously it’s slightly different with special needs but I don’t understand why you’re not sending, suggesting that children go to Lyndale (making the most of the capacity)? Also I’d be interested if you looked at the map, how much money you would expect to get if you sold that land?

(applause)

COUNCILLOR STEVE FOULKES
OK, I’ll allow the officers to reply to that and then is that your questions finished?

COUNCILLOR LEAH FRASER
Sorry no, I’ve got one more.

DAVID ARMSTRONG
Thank you Chair, yeah but clearly I could look at maps Councillor Fraser. As far as I’m concerned it would be totally irrelevant to the discussion here, which is about whether we should consult on whether to close the school.

I tried to explain, that I am known as the asset person in the Council and currently I have all the baggage and tags that go with that. There has been no work done on looking to dispose of the site.

I think it is useful, very useful that you raised that point because I would just like to take you briefly through the process because if I set that out now then I think it should clear it away for future debate.

The work to Elleray Park stems from a Cabinet report from 2009, where we were asked to go away and bring forward plans to build two new schools, one at Stanley and one at Elleray Park linked to primary school sites.

Clearly we’ve just completed the Stanley one, located it next to Pensby and that was done through funding claiming for that purpose. Because of the national circumstances the funding was withdrawn in July 2010. There’s no prospect realistically of funding on that scale now.

We have £21.5 million worth of funding capital in 2010/11. Next year we’ll have £4.1 million so we know we’re facing a different landscape. So what we want to do is go back and invest in the schools that we know now that we’ll not be rebuilding and that’s where that deal comes from, it has its origins there.

In terms of bidding for the money, we’ve had that, we’ve been looking for that for a while. Yes when we bid internally for the money against our colleagues we did also make a reference to the fact that should a decision be taken to close Lyndale clearly we will need places at other schools but the Elleray Park building work is not dependent on any decision you make about Lyndale. The scheme at Elleray Park will be done for suitability reasons and flexibility reasons whatever the decision about Lyndale. So it is not dependant in any shape or form on a proposition about Lyndale.

It actually begins to sort out things again that I did in the mid 1990s, as a short-term measure. I converted the former caretaker’s house to teaching accommodation. I never intended that it would last the length of time that it did. The scheme deals with that issue.

It moves the kitchen from the back of the school to the front which makes sense in terms of deliveries, so it does deal with issues with the school that exist. In all schools we try and respond to parental choice. We provide extra accommodation where we can when people are clearly wanting to go to that school. That’s national policy and it’s something we’ve tried to do.

In terms of the site, the idea that we can somehow just sell the site and pocket the money is actually a bit, well it’s very far fetched. If the decision was taken to close Lyndale there’d be a stepped process. For me, if a decision was taken to close the school, that doesn’t automatically mean that it would mean there would be no education on the site.

The school could convert to a free school, it could convert to an academy. It could be a shared, split site school with another school and the site would carry on being used much as it is now.

If that didn’t happen, I’d want to look to see what other purposes we could put to it for children because it’s had investment as I say it had an investment in 1999 a substantial one. It’s one of only four schools we’ve got with pools and you’d want to explore other possibilities.

It has a youth hub and a youth club on the corner of the site so there’d be lots of other possibilities. If it came to the fact there was no school and no other use for it, we have to then apply to the Secretary of State. We have to get his permission to dispose of the site.

We have to do it under two pieces of legislation, one is section 77 of the School Standards and Framework Act which covers the playing fields and the playing field is not just a pitch it’s any outside space and we have to do it under section 1 of the Academies Act for the rest of the site and the Secretary of State’s words are that “a presumption is against you” on this issue. So even if we went through all those processes and the Secretary of State did give permission to dispose of the site it could then be disposed of but that condition would be based on us having specific schemes where the funding would have to be reinvested in other schools.

So I think it’s useful to set all that out to show, it is a process we’ve gone through. We’ve relocated schools to school sites when schools have closed. We have disposed of sites but the money goes reinvested back into schools.

So there’s absolutely no motive on me and anybody else to address this as a capital or an asset issue. That comes at the end and I hope by going through that and it’s a legal process, it’s a national process that shows that really the debate needs to be had about the needs of the children not about the site.

COUNCILLOR STEVE FOULKES
Go on, you’ve got one more question Leah.

COUNCILLOR LEAH FRASER
No, you said I could have four, no, but we’ve got plenty of time! But errm right,

COUNCILLOR STEVE FOULKES
No sorry, I’ll let you put the question if you like.

COUNCILLOR LEAH FRASER
Thank you Chair. My next question is, the email that Rochelle Smith mentioned, which I’m sure you were waiting for me to ask or somebody to ask that. From Paul Ashton “no plans for closure” sent in April 2012. What happened between April 2012 to a couple of months ago last year? That seems quite a change of policy, can you explain that?

DAVID ARMSTRONG
I think we’d like to. The letter came in when I was covering the Director of Childrens Services post, which we… Julia agreed upon to. So I was wearing two hats when that letter came in. I was covering the Director’s post but I was also still working with Andrew doing the finances. The letter was read in that context.

I asked Paul Ashcroft to reply to the letter because he was the specialist special, he was the senior inspector for special education, but I also had a discussion with him because if I sit there wearing the hat doing the thing with Andrew the very last thing we would want is for any member of our team, to be suggesting that children shouldn’t go to the school. It’s the very last thing we would want, it would make an already difficult situation even worse.

He went away, he replied to the letter, he replied to the parent and I also asked him to research whether he could come across any evidence of where our staff were directing children away from the school and that’s the most current and it’s interesting, it’s been really good to listen to what’s been said tonight because the references to me appear to have been mainly, if not exclusively to staff who work for another organisation and I think that’s an issue that Julia will research in her own way.

The situation is as I described at the very beginning, the national framework has now embedded itself in. Andrew and I are looking to the future landscape, we can see more hurdles that we’ll have to go through, other agencies will have to be involved in saying yes or no to the current arrangement we have with funding empty places, we see a clear direction now in special which is to move towards paying for the pupil rather than the place so it’s because, unbeknownst to us at the beginning of this, it’s that national context and also the numbers haven’t added, the numbers have stayed broadly stable and that clearly makes the problem difficult.

COUNCILLOR STEVE FOULKES
OK, next I’m going to deal with Paul, Pat and Adam in that order.

COUNCILLOR PAUL DOUGHTY
I am at an advantage actually over some of the parents and members of the audience because I know you as individuals and I know as individuals how passionate you are about children and your responsibilities towards them and our parents and members of the audience here don’t know that and they don’t have the advantage that myself and some of the other councillors have.

I think one of the problems we’ve got is the language that’s been used in some of the communication, perhaps in the newspapers and their responsibility for that. Also perhaps the, we referred to you that know some of the perhaps careless language of NHS staff perhaps and so we have a challenge really as a local authority as to how we can reverse that negative view that parents have so the question is given some of the comments that have been made to us where parents have a lack of confidence in the process and the consultation is there anything else that you feel that as officers we can do to try and restore confidence in the consultation process that haven’t already been presented tonight?

JULIA HASSALL
OK Chair, if I start the answer to that. One of the things that we’re deeply committed to doing should the decision be to proceed with the consultation is to talk with parents and each child, talk with the school and really make sure we’ve got as up to date assessment of the needs of each individual child at Lyndale School.

So that as we go forward, we are very genuinely looking at options in the knowledge of each individual child so that when we apply what’s called the SEN Improvement Test, we’re doing it based on our understanding of what each individual child needs and looking at how their needs can and if they can be met in a different setting.

So it’s making sure amidst what you say Councillor, a lot of the language that’s been used that we pull it back to first principle and say this is about getting it right for some exceptionally vulnerable children and how to care deeply about their children and we’ll need to be absolutely reassured whether the child is going to school they have staff in that school who can absolutely respond to their children’s needs in a very caring appropriate way and that is the very heart of what we must do as we take this forward.

COUNCILLOR STEVE FOULKES
OK, Pat and then Adam and then Leah and that… and I do want to spread it round the committee, all ok?

COUNCILLOR PATRICIA GLASMAN
I’ll try and keep my questions to the question of debating whether we should have a call in on, oh a consultation. One of the parent witnesses Julia has said earlier that she had or that parents had forwarded questions to you and not received replies. My question to you is, have you been waiting to reply to these queries on the fact that the parents have raised objections to the proposed current consultation? I’ve got one more question.

JULIA HASSALL
Thank you Councillor, I’m glad you asked me that question. I met with staff at the school and with parents on the 19th of December. It was the soonest date we could arrange after I met with the governing body at Lyndale School and I brought with me a colleague who took very detailed notes at the meeting.

Quite soon after Christmas, there were very detailed questions and did need to canvass a number of views to get accurate responses and Mrs Dawn Hughes who was a parent who spoke at the Cabinet meeting, I think Dawn is here this evening, on the 16th January very helpfully wrote to me saying this is a summary of the questions we asked and here are some additional questions and she did that under the freedom of information process and what I did I was a little delayed, but I did respond to Mrs Hughes within the freedom of information timescale which is about three weeks or so ago.

I’m probably mistaken because I understood that those questions and responses would be circulated to other parents. If that’s not happened I will do that tomorrow.

(heckling) The answers given they weren’t answers.

COUNCILLOR PATRICIA GLASMAN
One other question Chair.

COUNCILLOR STEVE FOULKES
OK.

COUNCILLOR PATRICIA GLASMAN
Another witness referred to the fact that the closure of Lyndale School has been brought to their attention by members of staff from another organisation. Have you had any contact yourself with the NHS about Lyndale School and the staff that were mentioned?

JULIA HASSALL
Councillor Glasman, I’ve been slightly chary about going very broad on consultation at this point, but I I I have indirectly made contact with Doctor Steiger but I will want to if the consultation proceeds, certainly meet with a group of community pediatricians to elicit their views and meet with other health professionals who are involved and I know that there are some who are actually directly working within the Lyndale School and I want to very much take soundings from them and from any other professional who’s directly involved.

COUNCILLOR PATRICIA GLASMAN
You want to emphasise to them that (inaudible)

COUNCILLOR STEVE FOULKES
OK, Adam.

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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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