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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Councillor John Salter “when you make a decision you’ve got to do it behind locked doors”

Councillor John Salter “when you make a decision you’ve got to do it behind locked doors”

Councillor John Salter “when you make a decision you’ve got to do it behind locked doors”

                       

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Standards and Constitutional Oversight Committee meeting of the 3rd July 2014

Last Thursday Wirral Council’s Standards and Constitutional Oversight Committee met and there was an interesting discussion by councillors (and the independent members) on agenda item 4 (the work programme for 2014/15) and its Appendix (terms of reference of the Standards and Constitutional Oversight Working Group.

This transcript below starts at about 14:38 in the video above. Apologies for any poor sound quality in the video, but microphones weren’t provided to the Standards and Constitutional Oversight Committee that evening.

SURJIT TOUR
One example is the issue about filming, the regulations around filming, blogging, tweeting has now become operative and will be operative by the end of this month. So that’s expected there are a number of areas where we need to ensure the constitution reflects some of those changes which are reported… so those are the key areas I’ve suggested which obviously you can add if you confirm areas of work which you feel are necessary around the committee’s remit.

COUNCILLOR LES ROWLANDS
I just have a comment. Over the years I’ve noticed that there’s been less and less public coming in to see our Councils and so forth. This has a bearing on culture as well because when you’ve got members of the public there observing the Council meeting then you know bode for somebody to start shouting all kinds of obscenities across the Chamber. So I think the level of etiquette when I first started as a councillor here was much, much higher than it is today. I think in my own mind that’s part of it because the public was involved.

Is there any way that we can err whether it’s publicising, I realise we can’t drag them in off the street but is there any way that we can work on a project where we can actually start to try and engage in meetings. I mean it’s a great start by having independents but you know participation in the Council Chamber itself ie bringing the public in to view what we’re doing. I just think it’s really sad that that has dropped off and we seem to have lost this connection with our public. We do have our own constituencies but they don’t seem to know what goes on in this Council.

COUNCILLOR MOIRA MCLAUGHLIN
One of the things that came out very strongly in terms of the survey that I’m going to talk about was for Members, as I said open and accountable to backbench Members errm was that one of the ways full Council operates, notwithstanding that and I suppose we’re all guilty at some time or another of that behaviour, absolutely I put my hands up to that, but all of us felt that actually that the way full Council behaves and the idea of a that first one was just to re establish things like standing up when the Mayor comes in, those sort of things that have fallen by the way.

… not being the Chair as I need to be, he or she has that, it’s that kind of very errm basic respect really for first of all for the authority of the Chair or the Mayor, Mayor as Chair and then each other and it’s a culture but if we put our minds to work on that basis, then possibly we wouldn’t be subject to criticism as well, but certainly we wouldn’t be embarrassed to see that happening but it’s a chicken and egg isn’t it?

COUNCILLOR ROB GREGSON
The other Les, I think the timing of what you’ve just said is perfect as well, because in the Mayor’s speech he did say about it, the role of councillors and you know you should revisit how we market ourselves, how we get together and go out. Errm, I think I’ve said about it but I’ll just finish with students, full-time students and you know I was at university talking to many of the younger students who were studying politics and they weren’t even aware that you could just walk in to public meetings and I’m talking about Liverpool, you know we met outside and they drew me on what do you mean, the back cleared area at public meetings, they weren’t aware of the public gallery and obviously that could be an area we could easily promote.

COUNCILLOR BILL DAVIES (CHAIR)
I think that’s a good idea, I mean we could go to colleges and also … I’ve seen colleges go into art galleries and some I’ve seen them … why can’t they come into the Town Hall?

COUNCILLOR BRUCE BERRY
Yes, a bit more on the second point in relation to all that. While I was canvassing, errm I did go up and people were asking me if I could give if some, how many of the meetings weren’t open to the public? People do want to get involved and it’s a case of publicising it, it’s easily done in the press and people do want to attend, I’m sure we’ve even thought about that.

COUNCILLOR BILL DAVIES (CHAIR)
There’s a flip side to that, people might come along and see all the members seated in the House of Commons, Councillor Salter.

COUNCILLOR JOHN SALTER
Yeah, I mean the biggest attendance of anyone from outside is either at licensing or planning and that’s when and I’ve been on both. I’ve been where on planning where we’ve got these two rooms open and absolutely chock a block and Committee Room 1, so you know it’s only when there’s something happening really that they want to come along to, otherwise like anything it’s apathy, they’ll go ahead and do it anyway and that’s the attitude, we don’t.

You know we sit down and we do this planning and on licensing and we have one of the biggest arguments going, behind locked doors, when you make a decision you’ve got to do it behind locked doors to give you a sufficient chance to discuss.

COUNCILLOR BILL DAVIES (CHAIR)
I think as well as I remember, when I came on the Council it was electric the atmosphere it was. Errm, it was almost intimidating really and … the Council things have changed, I mean sometimes I think remarks like we’re watching paint dry and that’s true because things have changed, there’s not a lot of debate going on and if you think about by the time they have question time, then question the Cabinet and so on and before that we … have notices of motion, so things have changed now since I’ve come on.

COUNCILLOR PATRICIA WILLIAMS
If the general public know that the Cabinet is going to make a particular decision, they will turn up and they will make an issue about it and they will make representations about that.

They will also at full Council, if Cabinet have made a decision which they disagree with, you wait and see what happens about Lyndale, other people have clearly came and they speak very strongly about it and there have been times, I’ve been a councillor since 1987, so there’ve been a lot of things happening during that time, but I’ve had to fight my way in to this Town Hall on numerous occasions over these years but I believe now the committee system that we have, with the Cabinet and the scrutiny split and people think it’s a waste of time turning up and once Cabinet have made a decision it is very, very unusual for that to be changed.

So people think ‘what’s the point?’ and once they, once they’ve been here and they’ve been up in the public gallery, when their particular issue of concern has been dealt with. It’s, it’s, they’ve got to really want to be here because it’s not so easy to hear from the public gallery especially when councillors are shouting at each other and being you know disrespectful, so I think you know, we councillors have got a big responsibility to treat each other with respect and also then in mind if members of the public are here we should behave ourselves to allow people to listen, speak clearly and make sure they are welcomed into the Town Hall and you know they’re able to be here, it’s a privilege to be here but it’s also their right you know so we’ve got to make it welcoming and positively encourage people to come in.

Of course the Youth Parliament is a good way to encourage young people isn’t it to know about Council about how they can turn up at any time you know to witness what goes on. So I think a lot of it is in our hands to do something about.

COUNCILLOR BILL DAVIES (CHAIR)
Well, people, well that’s goes for our Labour Party and the party over there, we don’t do business shouting and screaming at each other especially at Council meetings and that’s the way it is. I think all sides of the Council, all parties agree on that.

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Wirral Council officers want to spend £600,000 of £1.4 million special educational needs underspend on PFI deal

Wirral Council officers want to spend £600,000 of £1.4 million special educational needs underspend on PFI deal

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 voting earlier this year to consult on closing Lyndale School

Wirral Council officers want to spend £600,000 of £1.4 million special educational needs underspend on PFI deal

                                 

Tonight (at the time of writing) the Wirral Schools Forum meets. Regulation 8(2) and 8(13) of The Schools Forums (England) Regulations 2012 mean that meetings of the Wirral Schools Forum are public meetings and the papers for the meetings have to be published on Wirral Council’s website.

The report for agenda item 8 (Schools Budget Monitoring Report 2013-14) contains some rather interesting information about spending in the special educational needs area of the budget.

For example this quote from that report refers to the budget that goes towards special schools such as Lyndale School (which Wirral Council is currently consulting on the closure of):

2.12 Special Education Needs Transition Reserve £0.3m under spend The 2013-14 budget is £8.3m, of which £8.0m has been committed, including the costs to fund the High Needs MFG in 2014-15 of £330,000.” and there are other underspends in the special educational needs budget too, a half a million pounds underspend on special educational needs statementing costs for schools and early years (detailed at 2.13), a £400,000 underspend in support for special educational needs (detailed at 2.15) and a £200,000 underspend on the independent special schools budget. In total this comes to an underspend of £1.4 million across the special educational needs budget, when Wirral Council are consulting on closing Lyndale School (according to their consultation document) over a predicted shortfall of £12,313 last year and £19,000 this year.

Part of the reason for the predicted shortfall of £12,313 is because when the 2013-14 schools budget was agreed (first by the Wirral Schools Forum, then by Cabinet, then by Council) a high needs contingency in the special schools budget was set of £880,000, which as the report states there is a £300,000 underspend of this reserve it was set too high. If this reserve had instead been set a little more realistically and let’s just say for sake of argument the £300,000 divided equally between the eleven special schools on the Wirral, each school would’ve received an extra £27,272 which would’ve meant that there was no deficit at Lyndale School last year and that the deficit this year would be extremely small (~£4,000).

Despite these large underspends in the special educational needs budget of £1.4 million, overspends and underspends elsewhere in the education budget and a contribution of £600,000 to reserves reduces the total underspend to £384,000.

You may well ask what reserve is £600,000 needed for that had been previously allocated for special educational needs? This report on School Private Finance Initiative (PFI) Costs explains the need for a £600,000 reserve. Thirteen years ago a private finance agreement was agreed to by Wirral Council for the rebuild/refurbishment of one primary and eight secondary schools on the Wirral. Variations to the agreement were then agreed for the construction of two City Learning Centres. This PFI contract was originally for 25 years, but then extended for a further two years in 2004.

Wirral Council pay amounts to Wirral School Services Limited for the PFI costs according to the contract signed. The annual cost this year will be £11 million, which is offset by a government grant of £5.5 million a year. The PFI schools pay their share of the PFI facilities management support services costs which comes to £3 million a year. However this still leaves £2.5 million.

Officers are proposing that £600,000 of the underspend (money that was originally allocated for special educational needs) should be put towards PFI costs. The rest will be have to be found from permanent savings in the Schools Budget.

So who was Cabinet Member for Children’s Services when the PFI agreement was agreed in 2004, that may result in money that was agreed for the education of children with special educational needs being diverted into the profits of a private company? The Cabinet Member for Childrens Services from 2000 to 2009 was Councillor Phil Davies, the current Leader of Wirral Council.

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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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What did officers say at the Lyndale School call in? “we had a problem the rules mattered more than the children”

What did officers say at the Lyndale School call in? “we had a problem the rules mattered more than the children”

What did officers say at the Lyndale School call in? “we had a problem the rules mattered more than the children”

                                      

Councillor Moira McLaughlin asks a question about staffing at Lyndale School (Coordinating Committee, Wirral Council, 27th February 2014)
Councillor Moira McLaughlin asks a question about staffing at Lyndale School (Coordinating Committee, Wirral Council, 27th February 2014)

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Julia Hassall (Director of Children Services), Andrew Roberts (Head of Branch and Planning Resources) and David Armstrong (Assistant Chief Executive) answer questions from councillors on the Lyndale School closure consultation decision

Continuing from yesterday’s transcript of the Cabinet decision to consult on closing Lyndale School is a transcript of the first twenty-five minutes of what officers said at the Coordinating Committee meeting of the 27th February 2014 that was to reconsider the Cabinet decision. Next week Wirral Council plan to start the consultation on the closure of Lyndale School. The Cabinet report titled “Report seeking approval to consult on the closure of Lyndale School” that this is about can be read on Wirral Council’s website.

CLLR STEVE FOULKES
Back to order. Settle down, I have a rather unfortunate announcement to make. One of our elected Members Councillor Denise Realey has become unwell. I think she’s found the evening stressful as everybody has to be frankly honest and has taken unwell so for the minutes can we have it recorded that Councillor Realey has left the meeting and will take no further part in the decision-making.

OK, with that said, we now move onto the next set of witnesses, these are evidence from the people obviously officers of the Authority. Julia Hassall (Director of Children’s Services), David Armstrong who is Assistant Chief Executive and Head of Universal Infrastructure Services and Andrew Roberts who is Head of Branch and Planning Resources.

They have up to five minutes to speak to us, for brevity they are not taking that option and will probably be spending more time answering questions from elected Members but Julia, you want to give us the background and the thought processes that ended up in the presentation of the papers to Cabinet and the consequent decision. Thank you.

JULIA HASSALL
OK, thank you Chair and members of the audience. I just wanted to start by saying from a senior officer perspective how much I appreciated hearing what the parents and members of staff said this evening.

I think following that what the three of us will say will sound a bit bureaucratic, a bit clinical and it’s by virtue of the proposals that we need to put forward. I would like to state that all three of us come from a position of valuing the children that we work with and regarding outcomes for children as an absolute priority.

The report that was presented to Cabinet on the 16th January, was seeking approval to consult on the closure of the Lyndale School. The report set out the background, saying that local authorities have a statutory duty to make sure there are sufficient places in their area, there’s fair access to educational opportunity to promote every child’s potential.

The reasons why in the report we’re considering closure of the school is because of the viability of the school is compromised because of its small size and falling roll which both contribute to a difficult financial position and I think as you said Chair earlier, it’s not in any way because of the standard of care and education in the school which is good and in many aspects outstanding.

In terms of the falling roll over the last seven years, the Lyndale School’s average occupancy has been 59% and there are currently twenty-three children at the school out of a total possible forty places. I know the second report that you’re considering call in really focuses on the financial position which is very briefly the size of the school and the numbers of pupils contribute to a difficult financial position with a likely deficit of £72,000 corrective action for 14/15 with the potential for this to increase to be in excess of £232,000 based on the numbers of children currently on the school roll. Part of that is because of changes to the national formula, which Councillor Smith referred to in terms of funding individual places occupied and a reduction from forty funded places to twenty-three because there are twenty-three children with places and also applying the new banded top up system.

Should a decision be taken to close and this would be in the future. I need to keep emphasising that the report that went to Cabinet on the 16th January was seeking permission to consult on potential closure and the report on the 16th January said that at this stage, the two most, the most viable option if or should the school close, was to expand Elleray Park School and Stanley schools so that the children currently at Lyndale School and future children would go to both of those schools.

It certainly would simply not be a case of just adding children into the existing schools. It would require very, very careful planning, consultation and change the very nature of each school by virtue of additional children joining that school, both school’s community.

It’s really important to say that in the most recent OFSTED report Elleray Park School was judged to be outstanding across the board and Stanley School was judged to be a good school with outstanding leadership and management.

One thing I did want to say and in response to possibly some of the points made earlier, it’s really important to state at this stage that the closure of the school appears the most viable option after having considered a number of options which are the eight options that parents referred to. However I have said and I’m very mindful of the fact that the eight options have been considered by local authority officers and I would expect to proceed to consultation that each of those options would be rigorously considered again and there will be other options that come forward that we have not thought of.

So in very general there will be a proper options appraisal looking at each and every option that comes forward. Should Cabinet, the report that went on the 16th actually talked about the next steps. So, should Cabinet agree to consult on whether we should close the school, there would then follow a twelve week consultation process that will involve full consultation meetings, a consultation meeting with the parents, teachers, interested people connected with Lyndale School, Stanley School and Elleray Park School. There would be drop in sessions. We’d do whatever we needed to do to get to the best possible option to move forward.

I think in summary, I would want to conclude just by describing the report that went on the 16th January that by saying considering the closure of the school is difficult and distressing as you’ve heard this evening particularly when children have such special needs and other abilities. It’s really important that their needs are placed at the centre of our concern and that what’s called the special educational needs improvement test is applied with absolute rigour and that’s a test to make sure that whatever we come up with and whatever Cabinet may agree in the future, is as good as or better than the current provision for the children concerned and it was on that basis, taking all those points into account that I recommended to Cabinet on the 16th January that they should agree to consult on closure and that I would proceeded to compile the consultation document. I’m very happy to answer any questions that Members may have or any comments.

COUNCILLOR STEVE FOULKES
Any of the other officers wish to make a statement about the issue? No?

DAVID ARMSTRONG
No.

ANDREW ROBERTS
No.

COUNCILLOR STEVE FOULKES
No, ok. So, it’s clearly open to. Sorry I’ll use my mike I do apologise. It’s obviously open to questions from Members, I’ve got Moira, Leah and Alan and then I’ll take another three.

COUNCILLOR MOIRA MCLAUGHLIN
If it’s alright with you Chair, I’ll combine two of my questions in one go and make it a bit simpler. The first one is, is there capacity for forty children and there’s twenty-three there currently? Has that reduction so far, I mean I don’t quite know how to put this, Steve did allude to it before, if there’s fewer children there I imagine the establishment was reduced to accommodate the children or has the establishment, the staffing establishment I’m talking about not changed even though the numbers have reduced?

ANDREW ROBERTS
What err the staffing establishment reduced I think it was two years ago the funded places reduced from forty-five to forty.

COUNCILLOR MOIRA MCLAUGHLIN
Right, and over a period of time the numbers have reduced further what would happen then as there’s attrition, what would happen? How would that be dealt with?

ANDREW ROBERTS
That’s part of our ongoing discussion with the school and about how the budget issues have been, are dealt with.

COUNCILLOR MOIRA MCLAUGHLIN
OK, thank you very much. That’s the first one. The second one is I mean a couple of questions I asked about from Zoe and Rochelle were about confidence in the process at this point. I think, certainly I was dismayed to see the phrase in this report which was consultation on closure and it seemed to me in the first instance that it kind of preempts the outcome and I have been reassured by the Cabinet Member so far, well I’ve heard what the Cabinet Member said, I’m looking for more reassurance that this is a genuine open consultation and that options that are there, eight of them will be considered and the possibility is still there that other options that haven’t been considered to this point may emerge during the process. There’s those and I mean if you can reassure me of or do your best to reassure me that what the second part is how are you going to reassure parents now because they’ve lost a bit of confidence, well lost a lot of confidence in the process?

JULIA HASSALL
OK, by way of reassurance that we will have a very full and open and transparent consultation. I’ll just take a step back, take a step back. The advice I sought prior to embarking on this process was the local authority in these circumstances when we were considering the viability of the school would put forward a proposal to consult on closure. That is what is done, that is how it’s approached.

The intention is to consider every single option, that’s a that’s in the appendix and the eight options that are included there. When I met with the parents prior to Christmas, in a pre consultation meeting I was explaining how we reached a conclusion with a purely internal local authority looking at a number of options which was about us reaching first base to present a report to Cabinet saying that we needed to consult.

The consultation will take account of each and every one of those options, which we will undertake to revisit again and we will genuinely consider every single option that appears that we may not have considered so far.

COUNCILLOR STEVE FOULKES
OK, I did say I’ve got Leah and Alan. I think those two are … ok, sorry.

DAVID ARMSTRONG
Chair, just to add to that. Just for the benefit of the audience, I’m David Armstrong and Andrew Roberts is sitting to my left.

Just for the benefit of Members, I currently have some duties outside of the department particularly to do with assets and supporting the Chief Exec. I’m here as the Head of Service for the Children’s Department, clearly I have a responsibility about the school budgets and assets and other issues and obviously I have worked here for twenty-four years and know quite a bit about the school from that so clearly that’s why I’m here.

I think that the comments about the language are very fair and people have said the same thing to us when we did the five-year primary review because we have to follow national documentation and national procedures. If we used sort of a more informal process to begin with, a more informal language and then we changed to a very formal process part way through, people with some justification say well you did that to smoke and mirrors, ..ful language whatever.

The language is very cold. The only thing I can say to people is, that clearly if you look at the track record of when we did a very, very lengthy repetitive process of the primary review we brought forward proposals like this and we named the schools for closure and if you look at what we proposed over that period and if you look at the primary school landscape now, the two don’t match because sometimes our proposals were accepted after the consultation period, sometimes we were told to go away and start again and indeed there’s some schools I can think of one school where we proposed closure twice in two successive cycles and the school is still there and functioning normally so I hope, I know it’s difficult for people to believe us, I know the language is very cold but I think the proof is there that the process did work. There was consultation and the outcome was not predetermined. The outcomes were many and varied, at the end of the day we went from a hundred schools to ninety but it was a very different ten schools to the ones that were proposed unfortunately.

COUNCILLOR STEVE FOULKES
We’ve got Alan and then Leah.

COUNCILLOR ALAN BRIGHOUSE
Thank you for that, thanks Chair. The sort of sustainability of err Lyndale School has been in question for some time as I think we’ve heard tonight. Am I right and I accept what the Chair says, I don’t want to stray into the next part of the call in but is it the change in the Education Funding Agency’s funding arrangements that has actually prompted us into now looking at the school and looking at its viability or would we have done it anyway?

DAVID ARMSTRONG
I think it’s a key issue within the debate. If you take a very brief view. Local management of schools began in 1990, when massively big Council budgets were broken up and delegated to schools quite rightly and power was given to schools to spend that money and clearly I was here when that started.

The primary and secondary debate puts the money through a formula into the schools and what’s happened over the years when we first started we had hundreds of funding factors so some of those, because we didn’t, had a factor that if you had trees on the site you got more money through the formula or if you had a bigger, we had one for a long time where if you had a bigger building you got more money.

What’s happened in primary and secondary mainstream is that the whole thing over the twenty odd years has been streamlined down and streamlined down and streamlined down. You now have a very few factors which are reliant upon deprivation, but primarily pupil numbers.

If you’ve got somebody sitting on the seat you get the money, if you haven’t got somebody sitting on the seat you don’t and there’s a check mechanism the minimum funding guarantee but that’s the hard reality. What’s happened for many years is the special schools sat alongside that, they have a defined budget, a fixed budget but you were allowed to carry on funding by place rather than pupil but what’s happened is as local … of schools has been achieved and it’s not a criticism of the system, it’s where it was always going to end up over a long journey over twenty-five years.

The national changes bring the special sector into line, not quite the same, but they bring them into line with the primary and secondary situation hence this talk of place plus. So for the first time, we cannot fund all of it on the place we have to fund a substantial part of it on the pupil and what I’m doing and Mike and others are is that through the work of the secondary and special heads which is a tight-knit family of eleven, through Pat’s work, through Andrew’s work that family as a group for some time now that they will fund not … they’ll fund forty places even though there are twenty-three children there.

Clearly they do that at the expense of money that would otherwise go through the formula, go through .. with the schools and what we’re nervous of is is that a sustainable long-term position?

We’re also nervous that we’ve been able to decide that locally. Andrew’s been able to take reports to the Schools Forum, Pat’s been able to meet with the other heads, Andrew’s met with the heads, met with the governors and it’s all been ok. From next year we will have to seek an approval from the Education Funding Agency to fund those places. That made Andrew and I deeply nervous because we’ve had some experience of the national Educational Funding Agency where it appeared that when we had a problem the rules mattered more than the children.

We were heartened to meet with the EFA with local officers this week who said that he thought they would be mindful it was the power of, they would agree to but what we see is a local arrangement that we think would be some sort of dereliction of our duties if we didn’t say we don’t think that this is sustainable long-term and we have a changing national picture which for all the right reasons as I’ve … to us is changing that landscape and taking away some of the freedoms we’ve got. So in that context, yes it is a key issue.

COUNCILLOR ALAN BRIGHOUSE
Could I just do a … just to pick up on that the I fully appreciate the direction of travel and where we’re going but ultimately I would like to think that we’re making this decision because we’ve looked at it and we’ve decided that this is because ultimately we are responsible for public funds, that this is the right thing to do. Almost regardless of what the funding arrangements are suggesting because when I read the report it looks as though it’s all driven by the funding arrangements and not by the err by the, I will get to, my question is this.

COUNCILLOR STEVE FOULKES
You’re clearly straying into the next call in.

COUNCILLOR ALAN BRIGHOUSE
I know I am straying into the next call in, but I just it was because of I do think at the end it’s fundamental to the whole process. I just, what I really wanted, my question is this. Lyndale School is something special, we’ve heard that tonight. Would we as a Council put a price on that specialness?

(applause)

DAVID ARMSTRONG
I agree with you entirely that it’s very special. I came here in 1990 after being a primary school head and I remember going to the Clatterbridge site. I in fact did the bid in my youth to move them from Clatterbridge, the bid that brought in the grant to move the school from Clatterbridge to Lyndale.

I worked through the scheme that amalgamated ??? Juniors to release the site. So yeah it is a very special school but this is where we have a very difficult job to do. Do we just sit on our hands and say nothing and know an informal arrangement that has worked well for a few years, hasn’t got the resilience to carry on or do we come to you and do we say to the Director actually the landscape’s changing nationally, the numbers aren’t rising, we’re funding this place with empty places currently other schools are compliant with that but it’s a tight-knit family of heads that hasn’t had a lot of change. We have to put the issue on the table and say this is where it is. It’s nothing to do with the specialness of the school, the school is a very special place and we’ve all played a part in our little way, a very little way compared to what you’ve heard tonight in making it what it is.

(heckling)

COUNCILLOR STEVE FOULKES
Can I bring Leah in?

(heckling)

COUNCILLOR STEVE FOULKES
Sorry I’m bring Leah Fraser in ok, thank you.

COUNCILLOR LEAH FRASER
Thank you I’ve got two questions to Julia Hassall and two for David Armstrong. I don’t mind who answers them. Is that ok to ask all four? Right well I’ll ask them one by one.

I’m asking Julia this but as I say I don’t mind who answers it. I asked Andrew to send me some information via email as you know and that information was the complex learning need pupil numbers between 2004 and 2013 for five schools, Foxfield, Meadowside, Elleray Park, Lyndale and Stanley. Now, going through them in this order, I’m not going to go into a lot of detail, I’m just taking them one at a time.

Foxfield in 2004 had a hundred and twenty-seven and last year had a hundred and twenty-four. So they’ve stayed relatively the same. Meadowside seventy-eight, seventy-two, I’ll skip to Stanley eighty-eight ten years later eighty-nine. Elleray Park fifty in 2004, last year they had ninety-one so they’ve almost doubled by fifty percent. Lyndale was forty in 2004 and now it’s twenty-four so basically Lyndale’s halved and Elleray Park’s doubled.

Now also looking at these feel that this errm chart, each school takes children with PMLD so why when numbers are going down in Lyndale have children with PMLD been sent to say Elleray Park? Hasn’t somebody been keeping an eye on this, because it then from what Emma Howlett, was it Emma? Yeah I think it was Emma said that it’s the Council’s statement and it’s the Council that refer to where a child goes to school. So why have the Council allowed the numbers at Lyndale to halve over ten years? That’s my first question.

COUNCILLOR STEVE FOULKES
OK.

JULIA HASSALL
OK, Councillor Fraser, I’ll start but colleagues may want to come into that. The reason why numbers are what they are or changed over a period of time is parental choice.

(heckling)

So I’ve really looked into the issue that parents have raised with me that there’s been a subtext of diverting parents from one school to another and I’ve asked colleagues, I’ve researched how the statementing process works and the response I’ve received and I’ve looked at our admissions booklets and there is a very clear process set out and over a period of time these are choices that parents have made as part of the overall statementing process.

At this point in time, there are as you know three primary schools for children with complex learning difficulties, Stanley, Elleray Park and Lyndale. About a year ago an HMI (Her Majesty’s Inspector) was commissioned by the local authority to look at where the children with profound and multiple learning difficulties were being educated and they looked at the children who are being, there are some children with PMLD that are educated at Elleray Park School and with the larger number of children at the Lyndale School and they formed a view that individual Eric Craven formed a view that both settings could appropriately care for children with profound and multiple learning difficulties.

Stanley School has focused more on children on the autistic spectrum and currently don’t have children with profound and multiple learning difficulty but the view was both Elleray Park at that point and Lyndale could care for children with profound and complex needs and it was parents making choices about where there, which school their child attended.

COUNCILLOR LEAH FRASER
Thanks for that, just to follow up from that, Emma did say that she was only offered one school and there wasn’t a ??? . So you can’t chose something if you don’t know about it. If you’re not told about a school, you can’t actually choose it.

(applause)

COUNCILLOR LEAH FRASER
My second question..

JULIA HASSALL
Errm, Councillor Fraser, just

COUNCILLOR LEAH FRASER
Oh right sorry.

JULIA HASSALL
Sorry, just very briefly on that the three….

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

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