4 week consultation on closure of Lyndale School starts: does Wirral Council really know how many pupils are there?

4 week consultation on closure of Lyndale School starts: does Wirral Council really know how many pupils are there?

4 week consultation on closure of Lyndale School starts: does Wirral Council really know how many pupils are there?

                                                                  

Councillor Phil Gilchrist explains his amendment on the minority report on Lyndale School to councillors, officers and the public 2nd October 2014 Council Chamber, Wallasey Town Hall (c) John Brace
Councillor Phil Gilchrist explains his amendment on the minority report on Lyndale School to councillors, officers and the public 20th October 2014 Council Chamber, Wallasey Town Hall (c) John Brace

Following the Council meeting on the 20th October 2014 when Labour councillors voted to go ahead to the next stage on closure of Lyndale School, Wirral Council started on the 22nd October 2014 its four-week consultation on closure which finishes on 19th November 2014. After this consultation is finished, the results of this consultation will be reported back to Wirral Council’s Cabinet.

Proposal to cease to maintain the Lyndale School

Complete Proposal

You can also ask for copies of the proposals by calling 0151 606 2020 during office hours or writing to:

Julia Hassall
Director of Children’s Services
Hamilton Building
Conway Street
Birkenhead
CH41 4FD

The above files I’ve linked to are the new files in this current consultation.

You can respond to the consultation in one of two ways, either by email to specialreview@wirral.gov.uk or by mail to:

Julia Hassall
Director of Children’s Services
Hamilton Building
Conway Street
Birkenhead
CH41 4FD

I am unsure at this stage which Cabinet meeting the outcome of this four-week consultation on the closure of Lyndale School will go to. At the time of writing the following Cabinet meetings are scheduled for after the end of the consultation:

27th November 2014 | Special Meeting, Cabinet | Committee Room 1 – Wallasey Town Hall | starting at 6.15pm
9th December 2014 | Cabinet | Committee Room 1 – Wallasey Town Hall | starting at 6.15pm

Personally as the 27th November is a special meeting and occurs exactly one week and a day after the consultation ends, I would guess that this will be the public meeting at which the outcome of the second consultation and a further decision will be made. As agendas and reports have to be published at least a week before holding a Cabinet meeting, 27th November 2014 would be the earliest date it could be held.

However if this matter is called in after the Cabinet decision after the consultation and there are more delays in the process taking it past February 2015, it would make setting the 2015-16 Schools Budget problematic.

The reason is that if a final decision on closure is not made before February 2015, a contingency of funding Lyndale School from the proposed date of closure (January 1st 2016) to the end of that financial year (March 2016) would have to be added to the schools budget for 2015-16 of ~£140,000.

There are legal limits on when the 2015-16 Schools Budget has to be decided by and as there were delays earlier this year, I can see the next stages moving as fast as is humanly possible at Wirral Council (which when you do things as fast as you possibly can inevitably leads to mistakes).

However I would like to point out that the current consultation has at least one contradictory fact in Surjit Tour’s letter to me of the 30th September 2014 (although Mr. Tour obviously has to rely on what he’s told and take it at face value as I seriously doubt (although I could of course be wrong) that Mr. Tour visited Lyndale School and started asking children how old they are). I’ll explain what I mean (with references):

Here is the 13 page response from Mr. Tour. In it he states:

“8. Background

8.1 Lyndale School is a special school providing specialist educational provision for primary aged pupils, the majority of whom have Profound and Multiple Learning Difficulties (“PMLD”). There are 21 pupils currently on the roll, nine of whom will be transitioning to secondary school by the end of the 2015/16 academic year. The declining number of students admitted to Lyndale over recent years has drawn into question The Lyndale’s financial viability for the future.”

When I read Surjit Tour’s reply a few weeks ago, I thought it a bit odd that out of the eight year groups at Lyndale School, that almost half the school (nine out of twenty-one) would be in the final year and therefore leave to secondary school in September 2015 and not be affected by the proposals to close it. It seemed unusual at the time.

Mr. Tour repeatedly states throughout his letter that I have not provided evidence of my facts. However the evidence that proves him wrong on this was in fact published by Wirral Council on the 22nd October 2014 as part of the current consultation. Here is the table published as part of the Complete Proposal. The table is Pupil admissions and numbers.

F1 F2 Y1 Y2 Y3 Y4 Y5 Y6 Total
October
2014

Boys
Girls

3

2
1

1

0
1

3

1
2

2

2
0

3

3
0

1

1
0

6

2
4

2

1
1

21

12
9

December
2015

Boys
Girls

0



3

2
1

1

0
1

3

1
2

2

2
0

3

3
0

1

1
0

6

2
4

19

11
8

Number in each year group in December 2015 assumes that all current pupils remain on roll, that no new children are admitted to F1 (Nursery) in September 2015, and that no further children join or leave other year groups from October 2014 onwards.

As you can see from the table above there are two children (one boy and one girl) in year 6 at Lyndale School who will start at a secondary school in September 2015, not nine as claimed by Surjit Tour in his letter.

This then has an effect on other numbers used in his letter.

According to Surjit Tour 21-9 = 12 (twelve pupils left in September 2015)
According to Julia Hassall 21-2 = 19 (nineteen pupils left in September 2015)

So who do I trust to give the correct figure for pupils at the Lyndale School? The Head of Legal and Member Services (Surjit Tour) or the Director of Children’s Services (Julia Hassall)? They can’t both be right, can they?

On the balance of probabilities because:

a) Julia Hassall actually works in the area of Wirral Council with responsibility for schools
b) that it seems highly unlikely that nine of the twenty-one pupils at Lyndale School (spanning eight year groups) would be in the last year group

I’m veering towards believing Ms Hassall (although I never really relish taking sides when two people in Wirral Council’s senior management team are giving out contradictory information).

There is also the point that someone could have misread the table above and used the total number of girls presently at the school (nine) instead of the number of pupils in year six (two) and given that information to Surjit Tour to use in his letter.

Isn’t it weird though that when Wirral Council makes a mistake like this, it always coincides with their world view of a “small school” (in this case seven pupils less than it actually is)?

If Wirral Council can’t get basic facts such as how many pupils of what age are at Lyndale School right, is it any wonder that there are problems of trust between those associated with Lyndale School and Wirral Council?

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Cllr Foulkes uses phrase “shambolic” to describe Wirral Council’s decision making on Lyndale School

Cllr Foulkes uses phrase “shambolic” to describe Wirral Council’s decision making on Lyndale School

Cllr Foulkes uses phrase “shambolic” to describe Wirral Council’s decision making on Lyndale School

                                  

Councillor Phil Gilchrist explains his amendment on the minority report on Lyndale School to councillors, officers and the public 2nd October 2014 Council Chamber, Wallasey Town Hall (c) John Brace
Councillor Phil Gilchrist explains his amendment on the minority report on Lyndale School to councillors, officers and the public 20th October 2014 Council Chamber, Wallasey Town Hall (c) John Brace

Below is the text of the amendment submitted on Monday evening to the minority report from Cllr Paul Hayes. It was not circulated to the public gallery, so myself and another went downstairs during the adjournment to get a copy.

Despite the Chief Executive’s assertion that it was a “private paper”, this will form part of the minutes of the public meeting on 22nd October 2014.

It is a shame committee services officers aren’t instructed to circulate copies to the public gallery too during the adjournment. However this would cost Wirral Council the extra labour costs of sending someone up the stairs and the extra photocopying costs of a further ten or so sheets of paper, so I am happy in these straightened financial times to decrease the labour costs of Wirral Council!

So this Lib Dem amendment gets a wider audience (and I got told off a bit by the Chief Executive on my way out of the Council Chamber for being in the Council Chamber as he made some point about “private papers” and a “private meeting” that to be honest I didn’t understand at the time as we were both tired), it is below. I’ve linked from it to the documents referred to in it. It’s also interesting to hear the Mayor’s comments on an attempt to make councillors vote on an amendment they hadn’t received a copy of yet!

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The item on Lyndale School starts at the 3 minute 40 second mark, lasts for a further six minutes then the meeting is adjourned.

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This is after the meeting resumed after the adjournment and continues below at the next clip.

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The item on Lyndale School is for about two minutes at the start.

===================================================================================================================

COUNCIL 20 OCTOBER 2014

Proposed: Cllr Phil Gilchrist
Seconded: Cllr Dave Mitchell

Amendment to the Minority Report from Cllr Paul Hayes

It be noted that the SEN Improvement Test as set out on Page 87 as Appendix 3 in the Consultant’s Report did not fully set out paragraph 40 as set out in the Guidance Document, namely that:

“….Decision-makers should make clear how they are satisfied that this SEN improvement test has been met, including how they have taken account of parental or independent representations which question the proposer’s assessment”.

…was not included and that, therefore, the matter should be referred back to Cabinet so that they can fully set out how they have undertaken this assessment in the light of the guidance.

===================================================================================================================

Of course, the question is therefore, did Wirral Council’s Cabinet (and Coordinating Committee) actually have to consider the guidance before reaching a decision? It would seem from the legislation they do have to have regard to it. For the purposes of clarity LEA stands for Local Education Authority:

Section 72 of the Education and Inspections Act 2006 c.40 states the following:

“72. Duty of LEA to have regard to guidance

A local education authority must, in exercising their functions under this Part, have regard to any guidance given from time to time by the Secretary of State.”

Note the use of the word must, the decision makers must have regard to any guidance (which was issued on the 28th January 2014). It’s not optional to do so. The current guidance introduced in January 2014 is in four parts (and hasn’t been included in the papers for the meetings so far in full):

School organisation (maintained schools) (23 pages) issued 28/1/14

School organisation: annex A (16 pages) issued 28/1/14

School organisation: annex B (23 pages) issued 28/1/14

School organisation: annex C (14 pages) issued 28/1/14

In other words, when making the decisions on 5th February 2014, 25th February 2014, 27th February 2014, 4th September 2014, 2nd October 2014 and 20th October 2014 can those over sixty councillors all prove they had regard to the guidance when the seventy-six pages of government guidance wasn’t included in the papers for those meetings?

Not even four weblinks were included, so they could read it in their own time was included.

The guidance that was quoted, wasn’t for the right time period and after new guidance was issued on the 28th January 2014, Wirral Council just kept using the old version as the first Cabinet meeting to discuss Lyndale School was held on the 16th January 2014.

Why don’t people bother to check these things at Wirral Council before including them in meeting papers? Should the Labour councillors accept some responsibility for not asking officers whether required guidance was not included with the papers or do Labour councillors assume that Wirral Council officers don’t make any mistakes (unlike the rest of us)?

During the adjournment I happened to pass Julia Hassall (Wirral Council’s Director of Children’s Serivces) leaving the Council Chamber and she didn’t look very happy by this development. However it’s been known for some time (although apparently Wirral Council officers and politicians are the last to know it seems).

It’s just one of many unresolved anomalies about how the decisions surrounding Lyndale School have not been made as they should have done.

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An update on what’s been happening at Wirral Council about Lyndale School (and other matters)

An update on what’s been happening at Wirral Council about Lyndale School (and other matters)

An update on what’s been happening at Wirral Council about Lyndale School (and other matters)

                                                    

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, Cllr Bernie Mooney and Lyndzay Roberts
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

It’s time for a brief round-up on latest developments on Lyndale School.

The draft minutes of the call in on Lyndale School held on the 2nd October 2014 were published a few days ago and come to twenty-nine pages long. The meeting itself was about five hours long with a short adjournment part way through which explains the length of the minutes. They make for interesting reading.

The draft minutes of the call in meeting on 2nd October 2014 about Lyndale School go to tonight’s Council meeting to be approved (agenda item 10 (Matters Referred from Policy and Performance Committees)).

There are also many different minority reports tabled to do with recent call ins that have been heard. The minority report from the Conservative Group about Lyndale School is here.

In addition to the minority report on Lyndale School there are a further three minority reports about matters unconnected to Lyndale School:

Lib Dem Group (about the call in to do with concessions for the Armed Forces at leisure centres) proposed by Cllr Phil Gilchrist.
Conservative Group (about the call in to do with concessions for the Armed Forces at leisure centres) proposed by Cllrs Chris Blakeley, Wendy Clements, Mike Hornby, Steve Williams and Gerry Ellis.

Lib Dem Group (Health Homes/Forest Schools call in) proposed by Cllr Stuart Kelly.

So because of the minority report submitted by the Conservative Group there will be a further vote of all councillors on Lyndale School tonight. Whether the report will trigger a debate or not I’m unsure.

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Which 7 councillors will recommend Wirral Council’s new Chief Executive?

Which 7 councillors will recommend Wirral Council’s new Chief Executive?

Who will choose Wirral Council’s new Chief Executive?

                                                         

One of the bigger stories on this blog recently has been the news that the current Chief Executive for Wirral Council Graham Burgess has handed in his notice and will retire at the end of the year.

So as Wirral Council has the Chief Executive’s three-month notice period (30th September 2014 to 31st December 2014) to find his replacement, what’s happened so far?

Well because the Chief Executive is a political appointment of councillors, the politicians have to decide. So a meeting of the Employment and Appointments Committee has been set up for the 27th October 2014. Graham Burgess is also currently Returning Officer (many people reading this may also know what a Returning Officer is but in simple terms it’s the head person at Wirral Council for elections), Electoral Registration Officer (another role to do with elections) and Head of Paid Service.

So what’s the timetable for picking a new Chief Executive and will one be in post by 1st January 2014? According to the draft timetable it won’t so temporary appointments will have to be made! The proposed timetable means the job advertisement will be advertised around the start of December 2014, which will give people until nearly a week after Graham Burgess leaves to apply for his job.

It is proposed that Penna PLC be paid about £15,000 for helping find a new Chief Executive and a further about £15,000 for finding a new Head of Specialist Services (who is also leaving in December 2014).

However paying out about £15k to Penna PLC to aid Wirral Council’s Human Resources department is not enough! No a “professional adviser” from the Local Government Association will also be advising the Appointments Panel.

This in fact has always struck me as a bit of an anomaly. Penna PLC and the LGA aren’t officers or councillors at Wirral Council. In the past though, they’ve remained in the meeting room after the press and public were excluded from the public meeting.

So who is the Appointments Panel going to be and what will it do? It will consist of seven councillors who will make a recommendation for the post of Chief Executive to the sixty-six councillors. It will probably be four Labour councillors, two Conservative councillors and one Lib Dem councillor. I have some guesses now below about who will make up this appointment panel for the Chief Executive. It hasn’t yet been decided yet which councillors will be on it, but below are my names along with my reasons:

Labour (4 councillors)
Cllr Adrian Jones * reason is already Chair of Employment and Appointments Committee
Cllr Phil Davies * reason is already Vice-Chair of Employment and Appointments Committee & Leader of the Council
Cllr George Davies * reason is Deputy Leader of Wirral Council, Cabinet Member and Labour councillor on Employment and Appointments Committee
Cllr Ann McLachlan * reason is Deputy Leader of Wirral Council, Cabinet Member and Labour councillor on Employment and Appointments Committee

* Note although Cllr Moira McLaughlin is a possibility, she’s unlikely for the reasons listed above

Conservative (2 councillors)
Cllr Jeff Green * reason there are only 2 Conservative councillors (apart from deputies) on Employment and Appointments Committee
Cllr Lesley Rennie * reason there are only 2 Conservative councillors (apart from deputies) on Employment and Appointments Committee

Lib Dem (1 councillor)
Cllr Phil Gilchrist * reason only Lib Dem (apart from deputies) on Employment and Appointments Committee

The seven councillors on the Appointments Panel will all be from the Employment and Appointments Committee and due to the high-profile nature of the appointment unlikely to be deputies. The Employment and Appointments Committee has eight councillors on it (plus twenty-one deputies). So the seven will come from those twenty-nine.

The Appointments Panel doesn’t actually choose the Chief Executive though. They just recommend who the Chief Executive should be to a meeting of all sixty-six councillors at Wirral Council.

From a practical perspective though, as Labour have a majority of councillors on the Appointments Panel and Wirral Council it will be down to the Labour councillors to decide who the next Chief Executive/Returning Officer/Electoral Registration Officer/Head of Paid Service is. As the process will probably be going on after Graham Burgess leaves and it’s a legal requirement to have somebody appointed to some of these roles, temporary people will have to be found before a permanent appointment is made.

Looking back to July 2012 when Graham Burgess was appointed as Chief Executive by Council, he then had to serve his period of notice before starting in post in September 2012.

If the new Chief Executive has to also serve out a period of notice, it could be as late as May 2015 before he or she starts (which if it is after General Election and local elections it will make the election side of their job easier).

So here’s the proposed job description & person specification for the Chief Executive/Head of Paid Service/Returning Officer/Electoral Registration Officer.

Certainly it will be interesting to see who the politicians eventually recommend for this key post at Wirral Council! If anyone wishes to leave a comment comparing the appointment of Wirral Council’s Chief Executive to the complicated process of appointing a Doge of Venice, feel free.

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Lyndale School Closure Consultation: Cllr Phil Gilchrist “this looks to be a set of moving goalposts”

Lyndale School Closure Consultation: Cllr Phil Gilchrist “this looks to be a set of moving goalposts”

Lyndale School Closure Consultation: Cllr Phil Gilchrist “this looks to be a set of moving goalposts”

                                        

Cllr Phil Gilchrist presented with Andy Day Memorial Cup by former Mayor Cllr Dave Mitchell
Cllr Phil Gilchrist (left) presented with the Andy Day Memorial Cup by former Mayor Cllr Dave Mitchell (right)

Councillor Phil Gilchrist (the Leader of the Liberal Democrat Group on Wirral Council) has kindly provided this blog with his consultation response to the Lyndale School Closure Consultation. It is reproduced below. For the purpose of clarity when reading the acronyms SEN and DCSF have been expanded and this addition appears in brackets [] in bold italic text.

Ed – Updated (revision 4) 10:50 12/8/14 to replace absolute values in table 1 with relative values to fix display problem.
Ed – Updated (revision 5) 10:55 12/8/14 to replace absolute values in table 2 with relative values to fix display problem. Linked email address.

Feedback Form

 

Please let us know the main relationships you have with the school(s) by putting a tick in the appropriate box or boxes. You might be a parent and a member of staff, for example.

 

School

Parent

Member of Staff

Governor

Other Person

Elleray Park
Lyndale
Stanley
Foxfield
Meadowside
Other (Please Specify)

Cllr


I attended the consultative meeting held at Acre Lane on 10
th April and the further meeting held on 16th June.

I have also visited The Lyndale School on 27th January on a private fact finding arrangement, and, on 9th May after a request from parents.

In addition I have visited the school and Stanley, Foxfield, Meadowside and Elleray Park with other councillors on 16th and 17th June.

I was also a signatory to the ‘Call In’ considered by the Council committee.

Short fact finding visits can only provide a brief picture of how a school works day by day. In making the recent visits I formed a strong impression of the way the children at The Lyndale might be ‘compared’ with children of the same ages at Elleray Park and Stanley.

In attempting this I also need to take account of the needs that I did not see – children who are not in the school, that day, because of their poor health.

It seems to me that a high proportion of children attending Lyndale have the most serious needs.

Lyndale may not be the best laid out building but is ‘home’ and provides the atmosphere and the facilities to stimulate the children.

The financial problems flow from the formula adopted by the Council.

Consultation on changing the funding formula began in 2010, under the last Government, when the DSCF [Department for Children, Schools and Families] looked at the formula (Chapter 4) for high cost pupils.

The formula the Council adopted in 2013 arose from discussions at the Schools Forum which chose the present banding system which has added to the pressures on Lyndale’s finances.

The parents need the utmost assurances that the care and education being provided must continue to that same high standard.

Without sight of ‘the answers’ provided to parents I am aware that reference is regularly made to what the SEN [Special Educational Needs] ‘test’ should ensure.

As I mentioned at the last meeting this looks to be a set of moving goalposts.

A ‘pale imitation’ is not good enough for the children.

Some years ago parents did seek the creation of an all through school, up to the age of 19. One of the ‘drivers’ was the issue of ‘transition’ at age 11.

Councillors who visited Foxfield and Meadowside were assured that there is a very thorough process for transition – with study of the children, visits to Lyndale by staff before children move, and visits by parents to those schools.

These visits showed the differences in the buildings ‘on offer’.

The new Stanley building was ‘sparse’ and assurances were given that any new additions could be designed with needs of ‘The Lyndale’ children in mind

However this appeared to be an addition as an ‘afterthought’.

The children at Elleray Park had different needs from the children at Lyndale.

Assurances have been given that schools can adapt their teaching styles and methods to the needs of children, that parents have choice and that there is good communication between professionals.

It is apparent that the parents at Lyndale place great emphasis on the way the staff the children ‘know’ interact with them Equally the staff are able to ‘read’ the developing signs and gestures that the children are able to return.

I have asked how the ‘Lyndale’ can be completely replicated elsewhere.

The answer has not, as yet, as far as I know, been given in a way that fully satisfies the parents,

However, if the Council insists on change then it should design a setting that has the atmosphere and facilities valued by parents, several classrooms with accessible changing, a communal hall where children can fully socialise and guaranteed access to hydrotherapy. .

Please tell us your name and address, postcode, and email address if you have one. We will not use your personal information for anything other than this consultation.

Name: Phil Gilchrist
Address: 2 Gordon Avenue Bromborough
Postcode: CH62 6AL
Telephone: 0151 334 1923
E-Mail:philgilchrist@wirral.gov.uk

Please note: In order to ensure that this process is fully open and transparent, other people will be able to read all the responses to this consultation.

Please return this form to:

Email: specialreview@wirral.gov.uk

Post: The Lyndale School Consultation

Children and Young People’s Department

Hamilton Building

Birkenhead

CH41 4FD

Please make sure your response is submitted by:

Wednesday 25th June 2014.

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