Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality

Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality

Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality

                           

Phil Ward (Wirral Council's SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014
Phil Ward (Wirral Council’s SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014

Lyndale School has of course made the news again, as the “high level notes” of the six consultation meetings have been published in response to a Freedom of Information Act request.

The concept that these “high level notes” should actually be used as part of the decision-making process is an interesting one.

I was at one of the six consultation meetings so I looked at the “notes” for that one and compared it to my own notes, transcript of the first hour (part 1, part 2, part 3, part 4, part 5, part 6, part 7, part 8) and an audio recording of what actually happened.

As Tom Harney (the Chair of governors at Lyndale School) himself said at that actual meeting in relation to another matter “it’s amazing the things that go on”. He was also one of the few speakers at that meeting to get applause. The comments made by Cllr Paul Hayes (a Conservative councillor who if I remember correctly was also present at that same meeting) about the consultation process as reported in their local paper were very critical of the way the consultation process and that meeting was handled.

As I’ve mentioned the Conservative and Lib Dem positions, I should mention that the only Labour councillor I recognised at the meeting (Cabinet Member for Childrens’ Services Cllr Tony Smith) arrived late. It is of course extremely difficult to describe what the Labour position is on Lyndale School other than being pro closure consultation, telling the public that they have an open mind and that no decision has been made yet. A decision is expected on the 4th September on the next stage. The point that Labour are keen to make is not for Labour to do things that would give the impression that they have made their mind up. This was again made at the July Council meeting by Councillor Tony Smith and Councillor Phil Davies.

So in the words of a Wirral Council officer Phil Ward what was the purpose of these notes about the meetings? Phil Ward said “They’re notes recording the high level points raised at the meetings and importantly we will be reporting them to Cabinet.”

I had a look through the notes for the one question I asked in the two-hour meeting (something is there but it bears little resemblance to what I asked). It wasn’t there in any form that resembles what I asked. Maybe it wasn’t classed as “high level” enough. Maybe I should instead have started by saying “This is a high level question I am asking so please put it in the notes”. Or maybe Wirral Council doesn’t like putting down tricky questions and answers and prefers to subtly rewrite the historical record to suit itself.

However this isn’t about me. This is about Lyndale School. Let’s have a look at the notes Wirral Council produced.

Here’s the first line of their notes “10th April 2014: 10am to 12pm”

Err no, seems Wirral Council can’t get the date and time of its own consultation right (which should worry you there right from the start if they can’t get the simple stuff right like the date and time!) It should read “16th June 2014: 5.30pm to 7.30pm”.

Turns out there were two different meetings at Acre Lane as part of the consultation. There were notes from both meetings. Apologies.

Moving on, it seems the “points” column according to the table used are not what the people had to say at the consultation. No the “points” column is reserved solely for points made by officers and the Cabinet Member Cllr Tony Smith.

The more difficult questions raised, the important concerns of parents about what’s going to happen, what appears in the points column? Nothing… almost as if Wirral Council is ashamed as to what was said to these questions to be known in public.

Even some of the answers that do make it are misleading. At least one of the officers is in fact tying themselves in knots and going into policy areas that strictly speaking in my opinion they shouldn’t. To the best of my knowledge all the officers at that meeting are in politically restricted posts. One of these legal restrictions from what I remember is that they are not allowed to “speak to the public at large or to a section of the public with the apparent intention of affecting public support for a political party”.

Now I will make this clear, I’m not referring to Julia Hassall, David Armstrong or Andrew Roberts. These people are senior professionals and although I’m sure people like me make doing their jobs more difficult, I will state now my personal opinion that all three have been extremely professional in my past dealings with them.

This is despite me doing what in any other sphere of life outside the political arena would be classed as behaviour that would lead to people falling out with each other. I have written things (robust criticism would be putting it very mildly) that disagree with their professional opinions and have pointed out what I perceive as flaws in arguments they have used. They know I do not however do this out of malice or anything personal.

That’s just the nature of politics as one of the rules is “don’t take things personally”. Other people’s opinion of them may be wildly different but like myself they are doing a job in a highly political environment, so criticism goes with the territory. They are public figures (as are politicians) and are rewarded with a high salary partly to reflect the problems that having to deal with the likes of the press can cause.

Now you can point out at this point the press is supposed to be impartial. I try to be even-handed (and believe me that’s very difficult at times) and to quote Cllr Jerry Williams recently “There’s no side to the gentleman, he does a very good job”. An editorial decision (and I’m pretty sure the Wirral Globe takes a similar policy stance too) was made a long time ago that we’re against the closure of Lyndale School, but obviously in the reporting of this matter to do it justice we have to report both sides of this issue.

There are people of course that are for the closure of Lyndale School. You are entitled to your opinion too (it just happens to be one that this publication disagrees with but that is the nature of politics)! However one of the extremely important roles of the press in society is to stand up for the viewpoints of people who can’t advocate for themselves. The children of Lyndale School are in that position.

The person to whom my criticism is about at that meeting is the Wirral Council officer Phil Ward. Now I’m not saying he said things downright stupid and overt like “vote Labour in May” I’m not. However throughout the whole meeting he appeared to champion a particular policy position/stance on this matter.

There is admittedly a fine line between explaining decisions that have already been made and talking about decisions that have yet to be made by politicians in the future. The former is entirely legitimate for officers to do. Taking policy positions (especially on a party political matter such as how education budgets are spent) is something that officers have to be very careful of.

Now officers can say in relation to future decisions “based on my professional advice or opinion I advise you to do X (or X, Y and Z are options I’d prefer you to do X). However the decision is up to you.” That is one thing, however they should not advocate support when speaking to the public during a consultation for a particular political decision that has yet to be decided or even worse give the impression that a decision has already been made when it hasn’t yet (even if they think they can guess how it will be made). If they go down this route, their impartiality will be called and can be called into question (and his was during the meeting).

No officer at Wirral Council I know of before in a politically restricted post has done what was done at that consultation meeting by Phil Ward in the way he did it. Believe me, during meetings politicians have put officers under extreme pressure to take sides. Most officers with some common sense (and there are a lot of them at Wirral Council) will politely decline to answer such questions. This is what should happen.

This was however what the audience at Acre Lane found so amazing. A consultation is supposed to be about listening to their views (and yes Wirral Council has a long way to go on getting better at involving the public in their decision-making). However chairing this meeting was an officer who was the equivalent of waving a red flag to a bull. Had he come to the meeting with the genuine attitude of “We’re here today to hear your views, the purpose of the consultation is to do that, we appreciate you being here and we’ll listen carefully to what you have to say.” then I think the audience would’ve applauded him. However the impression the audience got was that he was lecturing them and completely impervious to any other viewpoints.

Sadly this particular officer did somewhat get stuck in “broadcast” mode. However, this attitude leads to the audience getting the following impression and I quote from the notes “No one has fully answered any question. You are just white-washing it. You have already made your decision”.

The Wirral public are not stupid, nor are they children. They are able to read people’s body language and how they say something. How something is said and the person’s body language when saying it are a large part of its meaning. Sadly Phil Ward didn’t seem politically savvy enough that night to develop a positive relationship with the audience. Nor did he seem to appreciate the way power shifts. The senior officers are better attuned to these kind of things.

There was for example in that room that night, Emma Rigby from the Wirral Globe, myself and Leonora. For those who recognise us, they’d know that that amount of people from the press means you have to be very careful what you say. I hope to carry on in the next few days with publishing a transcript of the long meeting itself. In the meantime the below links should take you to what has been published so far.

Lyndale School Consultation Meeting: Tom Harney “it’s amazing the things that go on” (part 8)
Lyndale School Consultation Meeting: Funding, banding and need (part 7)
Lyndale School Consultation Meeting: Kingsway, funding and hydrotherapy pools (part 6)
Lyndale School Consultation Meeting: questions about the sensory garden, resources, Elleray Park and Stanley (Part 5)
Lyndale School Consultation Meeting: questions about Stanley, Elleray, Foxfield & the educational psychologist (Part 4)
Lyndale School Consultation Meeting: questions about banding, outdoor space and Stanley School (Part 3)
Lyndale School Consultation Meeting: David Armstrong explains why there’s a consultation and questions begin (Part 2)
Lyndale School Consultation Meeting: Julia Hassall explains why Wirral Council are consulting on closure (Part 1)

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Audio of entire consultation meeting

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Hear what was said at the Lyndale School Closure Consultation Meeting (16th June 2014)

Hear what was said at the Lyndale School Closure Consultation Meeting (16th June 2014)

Hear what was said at the Lyndale School Closure Consultation Meeting (16th June 2014)

                             

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Above is audio from the two hour consultation meeting during the consultation on the closure of Lyndale School

Above is audio from the two-hour consultation meeting held at the Acre Lane Professional Excellence Centre on the 16th June 2014. I’ve been writing about it on this blog, but so far have just got to over half way through the meeting. If you’d like to read what I’ve previously written about the consultation meeting, links to the various parts are below.

Lyndale School Consultation Meeting: Tom Harney “it’s amazing the things that go on” (part 8)
Lyndale School Consultation Meeting: Funding, banding and need (part 7)
Lyndale School Consultation Meeting: Kingsway, funding and hydrotherapy pools (part 6)
Lyndale School Consultation Meeting: questions about the sensory garden, resources, Elleray Park and Stanley (Part 5)
Lyndale School Consultation Meeting: questions about Stanley, Elleray, Foxfield & the educational psychologist (Part 4)
Lyndale School Consultation Meeting: questions about banding, outdoor space and Stanley School (Part 3)
Lyndale School Consultation Meeting: David Armstrong explains why there’s a consultation and questions begin (Part 2)
Lyndale School Consultation Meeting: Julia Hassall explains why Wirral Council are consulting on closure (Part 1)
.

Part 6 includes the Conservative notice of motion to the Council meeting on the 14th July and a blog post I wrote earlier today titled Strange: Labour refuse to take decision on Lyndale School tonight based on abolished predetermination rule goes into detail about how Labour’s amendment will change that notice of motion if agreed.

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Lyndale School Consultation Meeting: Funding, banding and need (part 7)

Lyndale School Consultation Meeting: Funding, banding and need (part 7)

Lyndale School Consultation Meeting: Funding, banding and need (part 7)

 

This is what happened at the last of the consultation meetings about the closure of Lyndale School and continues from Lyndale School Consultation Meeting: Kingsway, funding and hydrotherapy pools (part 6).

Julia Hassall (Director of Children’s Services) continued by saying, “Just to reinforce the point that Phil [Ward] has made, we are really clear that if a child needs a certain type of frequency of provision, then we will replicate that in a different school setting.”

The next question was, “Am I allowed to ask about funding?”

Julia Hassall and others replied, “Yes”. Phil Ward said, “Go on then.”

The person asking the question said, “Basically, we do have a big and major issue with regards to the funding with the banding. Obviously you informed us on the last meeting which we work in a way is that band five children have to hit those three things now. We’ve now been made aware that one of the main criteria that they have to be gastroscomy fed. Now a lot of our children are unable to walk, talk, do pretty much anything for themselves, have seizures, … all different types of things, you know choking, aspiration is the main one but we are able to feed them orally, so and they’re getting eight grand less than the kids. I mean can’t we like, you know, surely to God something needs to be done about this? Our kids needs that other eight grand.

I mean because basically, I mean we’re on band four because at this precise moment, us two and you know potentially Robinson as well is going to be in band four right? So our kids are all going to be in band four so we get eight grand. Now where you’ve got the autistic children in Stanley and Elleray who can walk and talk who are on the National Curriculum scale, you know and are …, what band are they because how much money are they going to have taken off them? You know their money’s going to be plummeted.”

Phil Ward said, “Right, let’s bring Andrew in on that because that’s quite a long question. Hang on a sec, let’s bring Andrew in.”

Andrew Roberts said, “I think the main answer to your question is, it goes back to what I said before. This is a new system, it’s a system that’s only started from the first of April with five bands in it. You’ve clearly got to have a means of being able to distinguish between one band and another.”

The person asking the question said, “But we’re already telling you it’s not going to work! It can’t! It’s physically impossible when you’ve got, you know children just because they’re not gastroscomy fed are getting half the amount of money!”

Another person said, “… but he had to have a gastroscomy, because he had seizures and I have to give him his medication at a set time, morning and night.

So if he’s had a seizure and he’s fast asleep after it, obviously I can’t feed him, so then I use the gastroscomy, but if he’s fit and well, I try to keep feeding him orally because I don’t want him to lose the skill of feeding. So, is he going to be in band four and a half, is he band five, is he band four?”

Phil Ward said, “Hang on, hang on.”

David Armstrong said, “I think there’s two issues that are of concern, in terms of taking that away and reflecting on it. It’s two issues. First of all there’s the banding system itself and secondly it is are your children on the right band?

In terms of the banding system, you know, I know it’s simple but it was the special schools budget. We needed to come up with a way of distributing it, we were all in agreement when it was put together on the Schools Forum, including special heads and so on. The banding system was devised, there were comments about the banding system which will also be from outside next week to look at the banding system.

The comments that you’re making back, clearly need to feed back into looking at the banding system after it’s first year of operation. The banding system is a way of taking a fixed budget, which I think is pretty fair and obviously if you adjust one band up, we’ve got to take the other bands down but in terms of are your children on the right band, clearly Andrew [Roberts]’s an accountant, like myself. We’re well away from this. We don’t allocate children to bands, that’s a separate issue.

If your children are sitting in the wrong band, which I can deduce from that, clearly you need to take that up.”

A number of people from the audience started talking at once. One of them said, “We know our children require one to one attention.”

Phil Ward tried to talk but was drowned out by numerous people. He said, “The point’s taken around the banding and the banding issue can also be discussed at every child’s annual review if that needs to be looked at because the point…” He was drowned out by a number of people again. He continued, “hang on a sec, the point at that course is not only to look at the progress the child is making or otherwise but to look at needs as well. Now there’s a lot more… “

Julia Hassall said, “Can I just add one other bit, I think it’s important to feed that in through the psychologist when the meetings are taking place as well.”

Some asked a question about banding and reviews, which was replied to by David Armstrong. Someone responded by saying that it didn’t answer the question.

The next comment made was, “You did say the national funding is the reason why you know it all changed ok? National funding had changed, but local authorities have got you know, they’ve got the ability to decide what change they want to make to funding and what the funding stream is and what those changes are.

Lots of other boroughs have funded on a school by school basis depending on the need. On Wirral they decided to do away with this system, which you know because it was easier, but it really doesn’t have very much flexibility or address the actual needs of the children involved. That could be in relation you know to decide what to do with the banding system.

When you’ve said that you know that’s an ongoing process and the Schools Forum you’ll take it back to them and they will look at it again to reassess it, but by that time in the consultation process rest assured in this exercise you know whether, by the time it’s been looked at possibly splitting band five into two to improve the funding for these children, Lyndale will already be shut. The agreed place allocation as well for Lyndale by the way is twenty-eight, so it hasn’t got fifty percent occupancy.”

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

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Lyndale School Consultation Meeting: Kingsway, funding and hydrotherapy pools (part 6)

Lyndale School Consultation Meeting: Kingsway, funding and hydrotherapy pools (part 6)

Lyndale School Consultation Meeting: Kingsway, funding and hydrotherapy pools (part 6)

                              

Next Monday evening (starting at 6.15pm), at a meeting of all councillors at Wallasey Town Hall, Brighton Street in the Council Chamber the issue of Lyndale School is on the agenda again. There is a notice of motion on it (which is the second notice of motion in that list of notices of motion) proposed by Councillor Paul Hayes and seconded by Councillor Jeff Green. As it’s short a copy of the notice of motion that councillors will be voting on is below:

Council, having regard to the support given to the campaign to keep the Lyndale School open by the public of Wirral, resolves that:

1. It is the firm belief of Council that the Lyndale School should remain open, and in order to bring to an end the anguish and uncertainty suffered by pupils and their parents and carers, calls upon Cabinet to confirm that the school will remain open when Cabinet next meets.

2. Council recognises the unique and caring environment provided by the Lyndale School to children with profound and multiple learning difficulties. Council acknowledges the value of this provision and affirms its belief that such provision should remain at the Lyndale School.

3. Council instructs officers to work with the Wirral School’s Forum in order to investigate how the funding of Wirral’s Special Schools can more closely reflect the will of Wirral’s residents, as expressed by the huge support given to the Lyndale School: that the quality and scale of provision for children requiring the services of special schools in Wirral should continually strive to improve and be in no way diminished.

Once the notice of motion is debated, all councillors present at the meeting (apart from the Mayor who traditionally abstains) will have to either vote for, against or abstain. Probably five or more councillors will call for a card vote which means each councillors name will be individually read out and they’ll have to say which way they are voting.

Mindful of the upcoming debate, I therefore thought I’d continue my write up of the last consultation meeting held at the Acre Lane Professional Excellence Centre just before the consultation ended. If you’re interested in the last bit I wrote about this meeting, it can be found on this blog at “Lyndale School Consultation Meeting: questions about the sensory garden, resources, Elleray Park and Stanley (Part 5)“.

David Armstrong said, “In terms of Kingsway, it’s difficult to talk about the school and then appeal. Kingsway was in the final round within six years of primary reviews, Kingsway was in the final round and the decision was that we would review Kingsway at a future date, the date was set for some date but we’ve actually left it longer than that.

We had a hundred primary schools, we went down to ninety, of that ninety there are four that still struggle financially under those arrangements. Struggle to set a balanced budget because of their numbers, it is problematic. It’s a mainstream school who gets its funding in different ways, it can set and does set a balanced budget.

The issue about Lyndale is its financial stability in the long-term because it is the local context of Lyndale is there, there’s also the national context identified and I’ve assured Members of that expression. In Kingsway, we haven’t gone back, but at some point there’s a Council resolution to go back and revisit Kingsway.

I’ll make it clear, it’s not about the quality of the education or about the quality of the school, I must clearly point out, this is not about any failings at Lyndale, it’s about the medium to long-term financial stability at Lyndale. It’s about can we promise when they’re putting their child in there aged four, can we promise that that school they’re attending will be there for ever and ever?”

Julia Hassall said, “Ian, I would just add, in terms of the Lyndale School, there’s been concerns about the future of the school going back to about 2008/9 and I think that that concentrates my mind throughout all of this process and genuinely thinking about the best needs of how we meet the needs of the children is I want to be able to put something forward and Cabinet will make their own view, put something forward that is about the long-term sustainability.”

Ian Lewis said, “Well I accept all you’ve said. Five years ago as Councillor Mitchell said, a resolution goes to full Council and every single one of those sixty-six councillors said keep this school open. That was five years ago and right now the concerns about viability if you’d listened then, when we told you to keep it open, the message is keep it open, not come back, not keep coming back and trying to close it because you think you’re right.”

Julia Hassall replied, “No, no, the significant difference Ian now to five years ago, is the government have changed the funding formula. So Lyndale is currently funded as if there were actually forty children in that school and over the last seven years, the numbers have gone down. It’s been about fifty odd percent occupancy in the school and following the exact funding formula, it will mean that at some point, the £10,000 per a child will have to be applied and that will mean £230,000 for twenty-three children as opposed to £400,000 because there aren’t the children in the places.”

Ian Lewis said, “Will that financial cost be disbursed with the children from Lyndale wherever they went?”

Julia Hassall replied, “No.”

Ian Lewis asked another question to which Julia Hassall replied, “The bit that comes into play is that if you are part of a bigger school you have the hydrotherapy pool for example will be there for the whole school population.”

Continues at Lyndale School Consultation Meeting: Funding, banding and need (part 7).

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Lyndale School Consultation Meeting: questions about Stanley, Elleray, Foxfield & the educational psychologist (Part 4)

Lyndale School Consultation Meeting: questions about Stanley, Elleray, Foxfield & the educational psychologist (Part 4)

Lyndale School Consultation Meeting: questions about Stanley, Elleray, Foxfield & the educational psychologist (Part 4)

                               

Continues from Lyndale School Consultation Meeting: questions about banding, outdoor space and Stanley School (Part 3).

The person asked a question referred to the one to one care that children were receiving at Lyndale School. Julia Hassall replied that that was part of the reason behind getting up to date assessments of each child was to ensure that if they had to transfer to a different school they would get exactly the same care that they get at Lyndale.

A parent said that since the last meeting they had visited Stanley School. She said, “The facilities there don’t get me wrong are absolutely fabulous, but I’d just like you to know I would be absolutely petrified to leave Scott there. I’m absolutely petrified.” and “my child would definitely not go to Elleray so the only other choice would be Stanley and it would be a massive, massive risks for Scott to go to that school.”

Phil Ward thanked her for her point.

The next question was about if anyone had spoken to the pediatricians of children at Lyndale. She said that there were children on hospital wards that might be suitable for Lyndale School but that nobody seemed to have asked the paediatricians or specialists if these children could go to Lyndale School.

Phil Ward answered, “Sorry I can’t speak for paediatricians, but surely the point..” was interrupted by the questioner asking again if anyone had asked the paediatricians to which he replied, “No, they have not, no is the answer to that.”

The next questioner referred to Julia Hassall’s statement earlier that there was a growing number of children with complex learning difficulties and referred to something that Andrew Roberts said at the call in. She asked what would happen when they can’t get into Stanley School? She said that the parents were categorically telling you that they don’t want to send their children to those schools.

Phil Ward asked if her first question was about how they’d respond to growing numbers? He said the question had come up a number of times and the answer was that Wirral Council has a responsibility on specialist provision. When there was evidence that the numbers were growing in any particular category then they would start discussions with schools to plan places.

The next questioner said that if they were providing up to two hundred and thirty places across Stanley and Elleray Park and those places were taken up by children transferring from Lyndale then wouldn’t there not be room for the expected increase in children with complex learning difficulties?

Phil Ward said that it was an ongoing process, as children were leaving for secondary school at the same time as children joining primary school the balance was shifting and changing all the time.

Someone asked what special arrangements that Wirral Council were making to gather the views of the children, almost all of whom had no conventional language whatsoever. He said that there were issues about friendships, relationships, their sense of place and security. As well as these there were issues about a safe environment to do with children with behavioural problems being mixed in with children who were very vulnerable with poor hand eye coordination and couldn’t protect themselves and anticipate danger. He said to find out what the children themselves would need special skills and special arrangements.

Julia Hassall responded, “This is why we’ve got our principal educational psychologist pulling together a group of meetings with the key staff involved with each child, the parents, any health professionals to really understand each individual child but also how the children interact with each other.”

The same person asked when that report would be available? Julia Hassall replied, “What will, they’re very specific to individual named children these meetings to get an update. So I think it would be breaching the confidentiality of the individual children but in terms of using that information to apply this SEN Improvement Test. That’s something we will absolutely make sure the needs of the children are put at the heart of that and this independent person Lynn Wright (I’m not sure of the exact spelling of this person’s name) will absolutely make sure that the needs of the children drive the future provision.”

Councillor Chris Carubia said that he was his understanding that if Lyndale was closed then the children would go to Elleray and Stanley, however nobody had mentioned Foxfield before?

Phil Ward answered, “In relation to, so, should a final decision be made about closure of the school”… “the children have got to go somewhere else. In terms of the legislation, we then would have a responsibility as a local authority then to engage in further conversations with each of the parents, not the parents as a group but each of the parents of each child that’s got a statement of special educational needs and that discussion will be had with each of the parents who may for their own reasons decide to express a preference potentially anywhere frankly. So there’s no presumption automatically that if the school were to close children would go to A, B or C. We’ve got to enter into that conversation.”

The next person referred to a visit to Stanley School and referred to it as a “brilliant building” but wasn’t sure whether it was “usable” and that it “felt like Manchester Airport”. A woman said that when she went to Stanley that it was a ninety place school but had a hundred children in it. She said that there were ten children at the school that were not funded and would this be sorted out if the Lyndale School children went to Stanley School? Andrew Roberts replied, “In terms of places at special schools, those decisions are taken annually. So the schools take it at a point in time, the decision taken in respect of Stanley was taken last November as a census. Clearly we need to be reviewing, as do the number of places at other special schools.” Phil Ward thanked him for his answer.

Continues at Lyndale School Consultation Meeting: questions about the sensory garden, resources, Elleray Park and Stanley (Part 5).

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