Why does Wirral Council believe it can direct how filming of its public meetings are done (when not filmed by themselves)?

Why does Wirral Council believe it can direct how filming of its public meetings are done (when not filmed by themselves)?

Why does Wirral Council believe it can direct how filming of its public meetings are done (when not filmed by themselves)?

                                      

Birkenhead Constituency Committee (27th September 2018) L to R Cllr George Davies, Jo Burrell and David Kenneth Abraham
Birkenhead Constituency Committee (27th September 2018) L to R Cllr George Davies, Jo Burrell and David Kenneth Abraham

Since a legal change in August 2014, I have filmed eleven public meetings of Wirral Council’s Birkenhead Constituency Committee with no problems.

The press release issued by the Ministry of Housing, Communities and Local Government in 2014 can be read at that link.

The 2014 legal change contained in the Openness of Local Government Bodies Regulations 2014 amended both the Local Government Act 1972 and Public Bodies (Admission to Meetings) Act 1960 (both of which had previously given a power to Wirral Council to stop filming at public meetings).
Continue reading “Why does Wirral Council believe it can direct how filming of its public meetings are done (when not filmed by themselves)?”

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?

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, 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

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.

Regular readers of this blog will also know that despite promises made in February 2014 by senior officers at a call in that matters would be dealt with in a completely “open and transparent” way, that the recent 13 page letter received from Surjit Tour turned down a request for a meeting between myself and Wirral Council on this matter.

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.

In fact there are five minority reports about various matters. There is one about the Lyndale School call in submitted by various councillors in the Conservative Group that you can read on Wirral Council’s website. The minority report procedure hasn’t been used for a long time and I think most people are unsure whether it’s an item that could trigger a debate or whether it would just be voted on. Had it not been for the strike yesterday, this would probably have already happened.

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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Lyndale School Consultation Meeting: Tom Harney “it’s amazing the things that go on” (part 8)

Lyndale School Consultation Meeting: Tom Harney “it’s amazing the things that go on” (part 8)

Lyndale School Consultation Meeting: Tom Harney “it’s amazing the things that go on” (part 8)

 

This continues from Lyndale School Consultation Meeting: Funding, banding and need (part 7).

Tom Harney, Chair of Governors at Lyndale School said, “Thank you very much. My name for those of you that don’t know me is Tom Harney. I’m Chair of governors at the Lyndale School in Eastham. Mention was made in the consultation about academy status and the governing body agreed that we would actually approach the DfE [Department for Education] and put our names on the list and I’ve just had this email, so I do apologise if I’m telling members of the governing body something in fact that they haven’t been told beforehand, but we have got a list from somebody called Holly Turner who works for the Department for Education and she has given us some names of contacts which we will be taking forward and it seems and I didn’t know this but she told me that one proposal in Wirral that’s been progressed is to put special school children in Wallasey School building. That’s interesting isn’t it?

So there we are, it’s amazing the things that go on. So, well there we are, it’s a national system of education and anyway we will be doing that and of course as has been mentioned here there is a problem and that is the amount of money per a child and the reason by the way that we have been talking to the Council about seven or eight years now, is that at no time have we had enough money per a child. The only reason the school is still open, is that we have actually been funded above the places because of course, both the number of children we’ve had a number of places which has been steadily decreasing and it’s a warning signal and the reason is of course it is expensive to give the sort of service that these children need under the formula we’ve got and there’s no way out of that. It is going to cost more money because effectively one to one is true.

You need more or less one to one, one adult per a child and that costs money and it’s a very, very simple exercise to say how much does it cost, because we know how much salaries cost and people attract salaries, so it’s easy and I am horrified really that it wasn’t in the report and finally the third thing is and I would like to reply to what Dave said and what Ian said, Ian Lewis and Dave Mitchell and that is there was a unanimous view, err decision by Council. What happened was in fact arising out of a petition organised by parents, the Council and with one of our parents, or then parents who addressed the Council. There was an agreement that there would be an investigation leading to a policy which would deal with PMLD in this Borough.

The first part of that investigation was done because they asked parents what they thought and then there was going to be a part two. That part two has never been finished and I feel that the reason we did that was to give a robust basis to actually talk out this what we’re talking about now because we knew it was going to happen and we’ve known for several years it was going to happen and we thought it’s logical if you start with the needs of the children, identify what the needs of the children are. Then you work out how much it costs per a child and then you fund it and as has been said one way or another, this has to be funded. Even if it means cross subsidising the school and I don’t think, I think if we’re going to cross subsidise I think all of the parents in the school should be told that because obviously if a child’s got and suffered health problems that our children have got in the school, they have to have the funding and therefore if there is a choice of staff they have to be taken from somewhere else because their lives are not threatened.

So it’s as easy as that, the issues are very simple and I think they’re being obscured by a lot of the discussions but the fact of the matter is, it costs money to educate the children who are in this condition and we, plus health of course and you never mentioned but health put a lot of money in to Lyndale and the other schools, we need jointly to ensure that the lives of these children are the best that they can be. Thank you.”

Tom Harney received a round of applause for what he had said.

Continues at Lyndale School Consultation Meeting: Cllr Dave Mitchell “They need the care they’ve got!” (part 9).

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

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

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

                         

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

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

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

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

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

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

Regards
Andrew

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

Andrew – thanks for sending this through.

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

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

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

Keith

Keith Howkins

Team Leader, Funding Reform Team

Maintained Schools Division

Education Funding Agency

Department for Education

2 St Paul’s Place

Sheffield. S1 2FJ

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Please let me know if you would like further details.

I look forward to hearing from you

Yours sincerely

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

Visit our website: www.wirral.gov.uk

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

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

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

Hi Andrew,

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

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

Thanks

Gavin.

Gavin Monument
School Funding Policy Adviser
Maintained Schools Division

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

www.education.gov.uk

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

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

Thanks Andrew,

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

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

Many thanks

Gavin.

Gavin Monument
School Funding Policy Adviser
Maintained Schools Division

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

www.education.gov.uk

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

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

Andrew Roberts
Senior Manager – School Funding & Resources
Children and Young People’s Department
Wirral Council
Tel: 0151 666 4249
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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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