After Lyndale School closure, Wirral Schools Forum told “Special schools in Wirral cannot collectively meet the needs or the demands of all Wirral children with SEND [Special Educational Needs and Disability]”
After Lyndale School closure, Wirral Schools Forum told “Special schools in Wirral cannot collectively meet the needs or the demands of all Wirral children with SEND [Special Educational Needs and Disability]”
Cabinet 17th December 2014 voting to close Lyndale School L to R Cllr Tony Smith (Cabinet Member for Education), Cllr George Davies, Cllr Ann McLachlan
What was in the 5 A4 page witness statement of Andrew Roberts (Wirral Council) about a Freedom of Information request for the minutes of a meeting of the Headteachers’ and Teachers’ Joint Consultative Committee (EA/2016/0033)?
At the outset I will make four declarations of interests.
1) I am the Appellant in this case (EA/2016/0033).
2) My wife was my McKenzie Friend in case EA/2016/0033.
3) I made the original Freedom of Information request on the 29th March 2013.
4) I am referred to by name (Mr. Brace) in paragraphs 1, 4 and 5 of the witness statement of Andrew Roberts.
Line breaks are indicated by a double horizontal line break. A picture of Andrew Roberts at a meeting of Wirral Council’s Schools Forum from the 3rd December 2014 is below so people reading know who I’m referring to. I have included his signature at the end of the witness statement as an image.
I have added a links from his witness statement below to decision notice FS50596346 referred to in paragraph 1 of his witness statement as this has been published on ICO’s website. I also link to the Freedom of Information Act 2000 also referred to in paragraph 1.
Where paragraphs cross over multiple page I have added the paragraph number on the second page to preserve formatting and to aid with comprehension.
The witness statement of Andrew Roberts was sent to me by post to the incorrect address (Wirral Council decided to delete the road and property number) for service (recorded signed for mail) by Wirral Council on 31st May 2016. It was received by myself on the 2nd June 2016.
Andrew Roberts at a public meeting of Wirral Council’s Schools Forum 3rd December 2014
There was a quote by the late Terry Pratchett who put it thus “Ankh-Morpork had dallied with many forms of government and had ended up with that form of democracy known as One Man, One Vote. The Patrician was the Man; he had the Vote.”
In Wirral Council the man with the vote is the Leader of the Council Councillor Phil Davies. Here’s what he had to say about Lyndale School.
Councillor Phil Davies talks about Lyndale School 24th February 2015
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Thank you Mr Mayor.
I’d like to provide my comments into a response now on Lyndale School and then the Jeff Green budget.
First of all on Lyndale School Mr Mayor, last year we had a thorough consultation about the future of Lyndale School. This consultation was supported by many discussions with parents, indeed I myself and the Cabinet Member met with parents, discussions with Members and others with an interest in the future of the School and the children.
Cabinet received reports on the 4th September and the 17th December last year which gave the outcome of the consultation and the representation period regarding the proposed closure of the Lyndale School.
Cabinet on the 17th December took the difficult decision to close the School with the agreed closure date of the 31st August 2016. At this meeting of Cabinet on the 17th December Members took into account the full range of issues and themes which emerged during the representation period.
Can I remind Members that the report to Cabinet on the 4th of September contained a detailed account of the outcome of the consultation held on the Wirral and the SEN Improvement Test?
Cabinet decided the closure because the viability of the School was compromised by its small size and falling roll. There are currently twenty-one children on the roll of the School. Members will be aware that there has been uncertainty about the future of the School for a number of years now and that uncertainty has been resolved by the Cabinet decision to close the School. Following the Schools Forum on the 14th January 2015, the schools have already been consulted on the schools budget for 15/16, this was agreed by Cabinet on the 10th February.
Taking all these factors into account, I do not believe that it is a viable option to anticipate that the Schools Forum will vote in favour of funding or retaining the Lyndale School. This is chaos. There are currently twenty-one pupils as I said before and this has been reducing in recent years.
There are two other primary schools for children with complex learning difficulties including children with profound and multiple learning difficulties which can provide good enough or better opportunities for current pupils at Lyndale School or future primary aged children with PMLD. The suitability of both these schools has been extensively considered and reported previously.
The Council has given careful consideration to its statutory duty to ensure that there is sufficient school places with further access to educational opportunities. It’s carefully considered the correct statutory process and guidance has been followed which includes careful consideration of the Special Educational Needs Improvement Test and equality impact assessment.
The size of the school and its falling roll and the availability of other suitable primary schools on the Wirral, it has taken account of all the views, representations and has considered details and implications including financial issues and concluded that the closure of the School is the most viable option.
Mr Mayor taking all these factors into account I cannot see that there is any basis for seeking a revocation notice to consult on those proposals to stop all current planned action being taken to close the Lyndale School. Similarly there is no basis I believe, obviously we’d negotiate with the Schools Forum to consider allocating money at the detriment of other schools who are already experiencing enormous financial pressures due to the allocation of a flat cash budget and increasing pressures on all schools to deliver a balanced budget.
Mr Mayor I do want to acknowledge that this has been a difficult and uncertain time for families with children at Lyndale School and their staff but every effort will be made to ensure that there are good plans for each and every child to secure alternative school provision with strong plans for transition in place well before the School closes in July 2016.
So Mr Mayor that’s my response to the Lyndale School.
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Wirral Schools Forum member expresses concern at proposed £600,000 cut for children with special educational needs
Wirral Schools Forum member expresses concern at proposed £600,000 cut for children with special educational needs
Wirral Schools Forum 3rd December 2014 Agenda item 4 Consultation on the local schools funding formula L to R Andrew Roberts, Julia Hassall, Richard Longster (Chair)
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Above is video of the Wirral Schools Forum meeting of the 3rd of December 2014 which discussed the local school funding formula and PFI and Central Budget Review
The first main agenda item was consultation on the Local School Funding Formula – Verbal Update (Consultation letter to schools attached). There had only been three or four responses to the consultation so it was extended to the end of term. There would be a further report back to the Wirral Schools Forum meeting in January 2015. The officer Andrew Roberts was not sure whether this was being the proposals were not contentious or whether schools needed more time to answer the questions asked (the questions asked as part of the consultation are below):
1. Looked After Children Question 1 – Do you agree that deprivation funding should be top sliced to help equalise
funding per pupil for deprived and looked after children?
2. Deprivation Question 2 – Do you agree a cap on the amount allocated per FSM per pupil should be
implemented? Do you have any additional comments?
3. Low cost High Incidence SEN and KS3/4 AWPU Question 3 – Do you have any comments on these areas?
4. High Needs Place Funding for Alternative Provision (AP) Question 4 Do you have any comments on this proposal?
Brian Jordan, headteacher at Bebington High Sports College said that the proposed changes had a bigger effect on schools such as Bebington High Sports College as it had higher proportions of pupils attracted the pupil premium.
Other members of the Wirral Schools Forum commented on the proposed changes, Andrew Roberts replied, Brian Jordan made a further point and the Chair thanked people for their “points well made” and moved to item 3 (PFI and Central Budget Review).
Andrew Roberts gave a long introduction to this report and appendix which was about making permanent savings to the central budget of £2.3 million to pay for the costs of PFI to the Council’s contractor. He referred to the Schools Forum Working Party and comments that were made on the various proposals. He was asking for the School’s Forum’s views on the proposals which would make up the budget which would be brought back to the Wirral Schools Forum in January 2015.
The Chair stated he would run through the proposed savings individually to see if there was any opposition.
3.1 £23,600 saving in admissions – no opposition
3.2 £200,000 saving from school closure/retirement costs – no opposition
3.3 £25,000 saving from School Sports Coordinator – there was opposition and some explanation from officers explaining what this saving was not about, it was suggested by officers that even if it was deleted from the budget that in the future schools might be able to buy it back as a traded service
3.4 £180,000 saving in school intervention – there was opposition to this
3.5 £120,000 saving from City Learning Centres – there was opposition to this
3.6 £45,000 saving from LACES – no opposition
3.7 £11,600 saving from clinical waste disposal – no opposition
3.8 £19,800 saving from use of swimming baths – no opposition
3.9 £200,000 saving from PPM (planned preventative maintenance) – no opposition
3.10 £25,000 saving from insurances – no opposition
3.11 £600,000 saving from SEN (special educational needs) top ups – opposition
3.12 £200,000 saving from statements – no opposition
3.13 £200,000 saving from support for SEN – no opposition
Here is what one Schools Forum member had to say on making a £600,000 saving from SEN top ups which is at this point in the video, “I think the special schools have written to Andrew [Roberts] further to that answer about £600,000 coming out of SEN contingency. The SEN contingency is around £900,000 but the question was asked as to why it hadn’t been distributed to those children with the statements by the top up banding system?
The top up banding, the top up errm allocations that were decided in 2012 for 2013/14, based on the staff budgets with an understanding that we’d look at the needs of the children in those schools and look at comparative neighbouring authorities. We’ve since looked at comparative neighbouring authorities and Wirral is by far the lowest, for an SLD school on Wirral we pay £7,000 above, Knowsley and Sefton paid ten and a half, Cheshire paid fourteen and Halton paid twenty-five. The … seems a similar picture, Wirral pay eight, Halton pay between seven and twenty-five, Cheshire paid thirteen and that goes with children not just within the special schools sector but children with base provision within primary and secondary as well.
And we’ve got to remove £600,000 suddenly gives the local authority no way to adjust that top up either today or in the future. Once it’s gone it’s gone! The special schools are also facing increased costs of the TA [teaching assistant] regrading. The TA … that are now in effect for £2,500 for each member of staff and considering the amount of staff we have within the special schools sector and within the primary base and secondary base provision. It’s going to have a huge impact upon budgets and it was felt it was a huge amount to come out of one sector.”
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Is Lyndale School under threat just so Wirral Council can provide a further £2 million to a company that already has plenty?
Is Lyndale School under threat just so Wirral Council can provide a further £2 million to a company that already has plenty?
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts
Last Thursday morning I visited Lyndale School in Eastham. This was my first visit, although regular readers of this blog will know that I have written extensively on the topic and filmed many public meetings of Wirral Council on the many stages involving its potential closure in January 2016.
Thankfully the Lyndale School appears to be behaving in a far more “open and transparent” way than Wirral Council is!
I wanted to start this piece by describing my impressions of the school as some of my observations about a visit to Lyndale School raise further unanswered questions.
On the same plot of land as the Lyndale School is also Eastham Youth Centre. Clearly the current consultation is about the Lyndale School, however I know relatively little about this Youth Centre. Is this Youth Centre open, closed, working or threatened with closure itself? I don’t really know the answer to that question and would appreciate somebody better informed, or more closely connected to Eastham than I to leave a comment.
Moving to the Lyndale School itself, it looks from the outside like many other primary schools do on the Wirral. Unlike when I went to school in the 1980/1990s where there literally was an “open door” policy at primary schools, these days (as is common with all other schools on the Wirral now) you need to press a buzzer on an intercom system to be let in.
There is then a reception area on the right, which at the time of my visit had many stuffed toy animals on the counter. To the left is a visitors book for visitors to sign and visitors badges on which the names of visitors can be written. On the wall is also a photo of each member of staff who works there and their job title.
My personal view on the latter point, is that organisations that do such a thing, tend to be more open and transparent than those who try to hide behind a bewildering, faceless and largely unaccountable bureaucracy.
As we had both been walking up from Eastham Rake train station, someone we both knew, who lives in Eastham had been passing in their car and had kindly offered us both a lift to the Lyndale School. So we both arrived earlier than I expected, which gave me a chance to see people coming and going for a while and how things were going. Despite the pressures the Lyndale School is going through, staff were professional and the “open door” policy referred to at the call in I saw in action as one of the parents arrived while we were waiting. If a decision is made to close the Lyndale School, this is one of the matters that the parents of the children at Lyndale School have expressed concern about as they cannot see this in operation at the other schools suggested.
There is obviously a lot of trust that exists between the parents of children at Lyndale School and the staff there. Certainly there is (despite the stress the School is under because of the political issues) a lot of goodwill between the parents and staff at the school. That’s something that never appears on Wirral Council’s balance sheet as it’s something that can’t be quantified. This is part of the reason the parents of children at Lyndale School want the School to stay as it is, as they don’t see the same ethos at Lyndale School at either Stanley School or Elleray Park.
Echoing what I have heard Julia Hassall (Director of Children’s Services at Wirral Council) say many times, I will also make the following point. Some schools are closed down because they are “failing schools”. Lyndale School doesn’t fall into that category and that is not one of the reasons behind the consultations on its closure. I wish to make that as clear as I can (as has Julia Hassall at many public meetings). The view from the public can be to jump to the conclusion that schools are only threatened with closure because things at them are going pear-shaped. This is not the case at Lyndale School and I will also point out that no final decision on closure of Lyndale School has yet been made by Wirral Council’s Cabinet.
I have referred before in articles describing Lyndale School as a “hospital school” as personally I think it is probably a more accurate description of what goes on in Lyndale School. Think of the political fuss that would happen if say in the lead up to a General Election (and I’ll point out now that I know of no such plans) that there was a consultation on closing the children’s ward and the hospital school at Arrowe Park Hospital? Think of it purely from that perspective and you can perhaps see how emotional an issue it is for both the people directly involved and the wider community.
There are many new matters involving Lyndale School I could write about but instead I will explain what I was at Lyndale School for. There was a very interesting meeting of the Friends of Lyndale School Association held there which was a private meeting, so there is a limit about what I will write here about it.
However, I had better explain what and who the Friends of Lyndale School Association are. The Friends of Lyndale School Association are a small charity set up in March of this year and registered with the Charity Commission in June. Their charitable objects are:
To advance the education of pupils in the school in particular by:
developing effective relationships between the staff, parents and others associated with the school;
engaging in activities or providing facilities or equipment which support the school and advance the education of the pupils.
It’s hard to describe exactly what the Friends of Lyndale School Association is, but the closest easily understood comparison to it, is a parent-teacher association or PTA for the Lyndale School. As with all PTAs they raise money to be spent on their charitable objects and you can (if you wish) donate to them online on the webpage on Justgiving website for the Friends of Lyndale School Association.
If the Lyndale School closes, the Friends of Lyndale School Association have made it clear that any remaining funds would be donated to Claire House (which is a children’s hospice on the Wirral). The Wirral Globe are also printing interviews with the parents of Lyndale School (which if you wish to read the first three are on the Wirral Globe website starting here, continuing here and the most recent one is and I will at this stage (and I don’t often do this about someone else in the local media) thank Emma Rigby of the Wirral Globe for her reporting in the Wirral Globe of this story.
Yesterday evening there was supposed to be a meeting of all councillors at Wirral Council. However as most people probably know already a lot of public sector unions went on strike and that meeting was shifted to the evening of the 20th October 2014. One of the matters on the agenda is a minority report (no not the film Minority Report with Tom Cruise this refers to something different) but a minority report about the recent Lyndale School call in.
After the call in meeting on 2nd October 2014, the second consultation on closure of Lyndale School should’ve started as the Cabinet delegated this matter to Julia Hassall. She therefore probably knows more the timescales than I do. As far as I know (and Wirral Council’s constitution has been through a lot of changes in the past few years), a decision of a call in committee is still implemented by officers even if a minority report is submitted to the next Council meeting (which should’ve taken place yesterday evening but was I would guess put back a week because of the strike).
My concerns about the entire process in this matter over the last year and how this has all been done I’ve written about before. I am not going to repeat myself here. There are however concerns about corporate governance at Wirral Council about this matter that I haven’t expressed in public.
Personally I think it is a crying shame, that on an issue as sensitive as Lyndale School, that all political parties now represented on Wirral Council (whether Labour, Conservative, Lib Dem or Green) can’t come to an agreement (behind closed doors if need be) to pause this whole process and have a review.
Wirral Council claim that they can’t keep the Lyndale School open in 2015-16 due to a shortfall between what the Lyndale School predicts they will need and what Wirral Council is willing to give them. The shortfall will be
~£190,000.
I have written on this blog before that Wirral Council could easily find this small amount of money if they wished and move it around from existing budgets if the political will was there. In fact papers that went the Wirral Schools Forum last week showed that through reductions in this year’s budget they found ~£2 million. So where’s this money going? It’ll be put in a reserve and used next year to go to Wirral Schools Services Limited who have a PFI Schools contract for various schools (and two city learning centres) with Wirral Council as part of a ~£12 million/year contribution.
Wirral School Services Limited’s account show that for 2014 they had £1.93 million in cash assets, which is £6.33 million in assets minus their £4.39 million in liabilities.
What’s amazing is that a Labour Council, who trumpets its “socialist values” in election leaflets, it is seemingly happy to make £2 million of cuts in year to the Wirral Council’s Schools Budget for this year (which obviously need Wirral Schools Forum approval and Cabinet approval) to help plug a financial gap in the 2015-16 Schools PFI contract, but when it comes to an amount ten times smaller than that to be found no report I’ve seen so far even lists finding the money to keep Lyndale School open in 2015-16 (from such as underspends in existing budgets) as an alternative option!?
Despite the words of Wirral Council in the past that they would put vulnerable people such as the pupils of Lyndale School first, it seems that the school is under threat whilst capitalist greed gobbles up the available funds. If Wirral Council so wished, it could either end or renegotiate the Schools PFI contract. The schools system should not be run to feed the profits of private companies!!! Nor should vulnerable children have such a low priority!!! These are two of my main frustrations with the current situation.
I will repeat again, if you wish to donate to the Friends of Lyndale School Association you can here. The Justgiving website takes a 5% cut of all donations and charges £18 a month to the Friends of Lyndale School Association. However the other 95% (minus £18/month) is paid directly to them.
I know I will continue to get criticism (and I really don’t mind comments on this blog attacking me) from some quarters for how I’m reporting the Lyndale School issue, there has been however nothing so far that convinces me that all the decisions taken by Wirral Council so far have either been taken in the right way or for the right reasons. If everything was done so far “by the book” and in an “open and transparent” way, I would not be as irked by how the matter has happened as I am.
On a personal note, I realise there has been a deterioration in relations between Wirral Council and those associated with the Lyndale School. If other special schools on the Wirral think they will escape whilst Wirral Council’s focus is on Lyndale School, they will need to have a drastic rethink and not bury their heads in the sand. I will repeat here what I said at Lyndale School on Thursday.
There is a current consultation that the government is running on the draft Schools and Early Years Finance (England) Regulations 2014. These are the regulations (a type of law) that Wirral Council has to conform to when setting schools’ budgets annually.
At the moment, because of a part of the law known as the “minimum funding guarantee”, for this 2014-15 year Wirral Council could not drop school budgets such as Lyndale Schools by more than 1.5% based on what their previous year’s budget allocation was.
However the draft regulations being consulted on, whereas they (in draft form) keep the minimum funding guarantee for mainstream schools, get rid of the current minimum funding guarantee for special schools. Personally and I’m going to get quite political now, I think it is morally wrong to protect mainstream funding for mainstream schools, but at the same time allow local councils to (if they so wish) to totally change the budget (and therefore nature) of special schools which can in extreme cases ultimately force them to close. Obviously the draft regulations may be altered post consultation, but you can respond to that consultation run by the Department of Education here. That consultation closes this Friday (17th October) at 5.00pm.
If the new regulations (following consultation) abolish the existing legal protections for special school budgets, it will be perfectly legal for local councils (such as Wirral Council) to come up with a schools funding formula for 2015-16 that leads not just to the potential closure of schools such as the Lyndale School but dramatically changes the funding allocated to other special schools as the new banding system was agreed earlier this year at a call in a controversial 8:7 vote.
Wirral Council has shifted money out of the agreed budget for special schools to cross subsidise other parts of the education system, such as PFI. This is of course entirely legal if officers get the necessary approvals from the Wirral Schools Forum and others. However in other local authorities, an underspend in the special education side of matters would not be used to plug financial holes and financial instability elsewhere. Other Schools Forums take the prudent approach that underspends on the special educational needs side are put in financial reserves earmarked for that area of education.
The spare capacity such as underspends of money that was agreed should be spent in the special schools system, has instead been used to cross subsidise other parts of Wirral Council’s Schools Budget. The money however always seems to flow out of the special schools system and never back to it. Had these political decisions not been made, there would be more than enough money to keep Lyndale School open (at least for the 2015-16 year and possibly beyond). However instead the influence of a large company such as Wirral Schools Services Limited with large financial reserves has been listened to, whilst the pleas of Lyndale School parents merely to continue with what they already have, have so far been met with a lack of political will to explore alternative options and a knee jerk reaction to blame the situation on the Coalition government, the Church of England and even the Lyndale School itself, without apparently getting across to the public the personal responsibility that politicians at Wirral Council must take for each decision they make.
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