Web Agenda/Minutes Summary Document

Meeting Name:
Children's Services and Leisure Overview and Scrutiny Panel

Meeting Date:
06/05/2007 Pick

Meeting Time:


Location:


Sub Committee / User Forum etc (if required):




Members Present:

Non-Members Present:

Confidentiality: Part I


Document Type: Agenda


Document Status: Final

ITEM	SUBJECT	WARD	PAGE NO
1	ELECTION OF CHAIRMAN To appoint a Chairman for the 2007/2008 Municipal Year.
2	ELECTION OF VICE-CHAIRMAN To appoint a Vice-Chairman for the 2007/2008 Municipal Year.
3	APOLOGIES FOR ABSENCE To receive any apologies for absence.
4	DECLARATIONS OF INTEREST To receive Declarations of Interests from Members of the Panel in respect of any item to be considered at the meeting.
5*	REVIEW OF CHILDREN AND YOUNG PEOPLE PLAN/SELF ASSESSMENT FOR THE ANNUAL PERFORMANCE ASSESSMENT To comment upon the report being submitted to Cabinet on 28 June 2007 on the review of Children and Young People Plan/Self Assessment for the Annual Performance Assessment.	All	1-5
6*	APPOINTMENT OF SCHOOL GOVERNORS To comment upon the report being submitted to Cabinet on 28th June 2007 on the review of an appointment of School Governors	All	6-16
7*	SOUTH ASCOT VILLAGE SCHOOL REPORT To comment upon the report being submitted to Cabinet on 28th June 2007 on South Ascot Village School.	Sunninghill and South Ascot Ward	17-25
8*	STATEMENT OF PURPOSE FOR FOSTERING SERVICES AND ADOPTION SERVICES PROVIDED BY THE COUNCIL COVERED BY NATIONAL MINIMUM STANDARDS LAID DOWN BY THE DEPARTMENT OF HEALTH To comment upon the report being submitted to Cabinet on 28th June 2007 on the purpose of Fostering and Adoption Services.	All	26-28
8*	LOCAL GOVERNMENT ACT 1972 – EXCLUSION OF THE PUBLIC To consider passing the following resolution :- “That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the remainder of the meeting whilst discussion takes place on item 9 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1-7 of part I of Schedule 12A of the Act"

· self-evaluated grades for each of the 5 Every Child Matters (ECM) outcomes for children and young people, the effectiveness of the Council’s Children’s Services overall and the Council’s capacity to improve services for children and young people (attached as Annex 2)
· progress against the Action Plan to address recommendations arising from the Joint Area Review of Children’s Services in 2005
· detailed Action Plans to address the outcome objectives in the CYPP
· the last 12 months of minutes from RBWM’s Local Safeguarding Children’s Board.

	Option	Comments
1.	To note the attached review of the Children and Young People Plan and self-evaluation and approve that this is taken forward and used to inform the development of priorities in the new Children and Young People Plan in 2008. Recommended	The attached review has been drawn up in collaboration with all relevant partners and consulted on with all stakeholders and is recommended for approval.
2.	To suggest further amendments to the attached review and self-evaluation	The attached review has been sent to all Members as part of the consultation process and any comments received were considered prior to submission to government on 14th June. Any further comments at this point will be taken forward as part of the revision of the Children and Young People Plan in 2008.
3.	Do nothing	The Council has a statutory duty to complete an annual review of the plan and to publish a new CYPP by 2008. Therefore to do nothing would not be in line with this duty.

	Relevant? Yes / No
Key Themes:
getting about.	Yes
learning for life	Yes
being safe and secure	Yes
caring and health	Yes
living and working in a good place.	Yes
Guiding Principles:
working together	Yes
leaving no one behind	Yes
involving people	Yes
safeguarding the young	Yes

Royal Borough’s Children and Young People Plan (approved by Council in June 2006)
Annual Review of the Children and Young People’s Plan (Supplementary Guidance 2007)
APA Handbook and Arrangements published by Ofsted in April 2007 (www.ofsted.gov.uk)
Report on JAR Action Plan to Cabinet 14th December 2006
Outcome Improvement Plans for the Children and Young People Plan
Minutes from the Local Safeguarding Children’s Board for the last 12 months



 070605 Cypp Appendix 1.

 070605 Cypp Appendix 2 - Self Evaluated Grades

 070605 Appendix 3 - Analysis of the Consultation

2. MEMBERS’ RECOMMENDATION : That the following appointments be made in accordance with the borough’s Code of Practice from the names of those persons listed in the table below and appendix A of this report.

3. SUPPORTING INFORMATION
3.1 Applications were received for the following vacancies:

School	Ward	No. Vacancies
Charters	Sunningdale	1
Cox Green	Cox Green	1
Dedworth Green First	Clewer North	1
Holyport CE Primary	Bray	1
Kings Court First	Old Windsor	1
The Windsor Boys’	Castle Without	1

§ should publish the process and criteria by which they identify candidates for appointment.
§ can support schools by appointing as Local Education Authority governors those who are best qualified to help schools improve. In making appointments to particular schools, authorities should have regard to the skills and experience of which those schools have the greatest need, and to candidates’ support for the schools’ ethos and mission.

3.67 Relevant Council Policies / Strategies

The Royal Borough has agreed and published a Code of Practice for the Appointment of Education Authority Governors. All appointments are made under the terms of this Code, which is given at Appendix B.

The appointment of school governors contributes to the Community Strategy in the following ways: it supports the three guiding principles of working together, leaving no-one behind and involving people. Those appointed as school governors can support schools to address three of the five key themes, namely learning for life, being safe and secure and caring and health.

4. CONSULTATION CARRIED OUT

Governing bodies are invited to comment on candidates’ suitability for re-appointment and to submit nominations to fill these and any casual vacancies that arise. Where a school has expressed a view, this is noted in the candidate’s details, as listed in Appendix A.

Following the closing date for receipt of applications, those applicants who have not requested one particular school are matched to current vacancies, taking account of a variety of factors including any expressed requirements or preferences of both schools and candidates, and the proximity of a school to a candidate’s home or business address. As far as possible, schools and applicants are then contacted to discuss the options available and to ascertain that they have no objection to the recommendation proposed.

5. IMPLICATIONS

5.1 Financial
There are no additional financial implications in this report.

5.2 Legal
The composition of governing bodies is set out in the Education Act 2002 and the School Governance (Constitution) (England) Regulations 2003. Transitional arrangements make provision for the appointment of governors as set out in the School Standards and Framework Act 1998 and the Education (School Government) Regulations 1999 until such time as a governing body re-constitutes or until 31st August 2006, whichever is the earlier. There is a clear responsibility on the authority to appoint governors within the framework outlined above.

5.3 Human Rights Act
There are no Convention Rights under the HRA relevant to this report.

5.4 Planning
There are no planning implications in this report.

5.5 Sustainable Development
Education Authority representative governors could seek to promote the Council’s sustainable development policies within their governing bodies.

5.6. Diversity and Equality

In terms of the Council’s Equality Impact Assessment Policy, the recommendations in this Report have no negative equality and diversity implications.

Background Papers:
Code of Practice on Local Education Authority-School Relations DfEE 0027/2001
School Governance Constitution Regulations 2003 – Report to Cabinet 28th August 2003



APPENDIX A

DETAILS OF CANDIDATES listed alphabetically by last name

Criteria for Appointment

LEA governors will be chosen on the basis of the contribution they can bring to a school in terms of their skills and experience as specified in their nomination form, taking account of any supporting information provided by the candidate or by the school.

NAME / OCCUPATION	BACKGROUND
Mr Robert Luscombe (Technical Architect) Holyport CE Primary School ONE APPOINTMENT	Previous Experience
	Reasons for ApplicationThe applicant has an interest in Education, would like to make a contribution to the community and promote an environment of lifelong learning.
	Other relevant informationThe applicant has 12 years’ experience in a variety of roles within large organisations and has managed large technology projects. The applicant’s nomination is supported by the school.
Mrs Wendy Pugh Charters School ONE APPOINTMENT	Previous Experience
	Reasons for ApplicationThe applicant is able to give freely of her time and has an insight into the international school system, having lived abroad for 20 years.
	Other relevant informationThe applicant has worked as a qualified teacher to primary children and has worked on parent/teacher boards in the International school system.
Ms Elaine Wallace (Communication Director) Charters School ONE APPOINTMENT	Previous Experience
	Reasons for ApplicationThe applicant would like to contribute to the local Community by helping children achieve their full potential.
	Other relevant InformationThe applicant has taken part in coaching and mentoring schemes and manages large budgets as part of her work. The applicant’s nomination is supported by the school. 12

NAME / OCCUPATION	BACKGROUND
Mr David Wood (Website and Publications Manager) The Windsor Boys’ School ONE APPOINTMENT	Previous ExperienceThe applicant has been a school governor in Ealing.
	Reasons for ApplicationThe applicant is interested in the general development of young people and would like to offer his skills to help the school.
	Other relevant InformationThe applicant has 25 years experience as a Leader in the Scout Movement and works for the Duke of Edinburgh’s Award Scheme. The applicant’s nomination is supported by the school.
	Previous Experience
	Reasons for Application
	Other relevant Information
	Previous Experience
	Reasons for Application
	Other relevant Information

APPENDIX B

Royal Borough of Windsor and Maidenhead
Code of Practice for the Appointment of Education Authority Governors


This Code of Practice is drawn up in response to the DfEE Code of Practice on Local Education Authority-School Relations.

Introduction and Background
Education Authority governors are the appointed representatives of the Education Authority on a school’s governing body.

Education Authority appointed governors are representatives, and not delegates. As such, they may present the Authority’s view, in the same way as other categories of governor represent the views of their constituency, but they cannot be mandated by the Authority to take a particular line.

Relationships
An Education Authority governor’s first loyalty should be to their school and to the community it serves.

The Authority may establish such links with its appointees as it and they see fit, but these will not take the place of formal consultation with governing bodies, or with the local association of governing bodies.

Appointment Process
Cabinet will be responsible for appointing Education Authority governors. The Director of Education will be present at these meetings to advise Members.

Appointments will be considered by the Cabinet as necessary, but at least once every two months in order to ensure that appointments are made promptly when vacancies arise.

Applications will only be considered from individuals who have submitted a completed nomination form to the Governor Services section to arrive by the specified closing date, which will be not less than 7 working days prior to the Cabinet meeting at which the appointments will be considered.

Schools have the right to advise the Authority of their governing body’s needs in terms of balance of skills, gender or any other consideration for the good of the school, and to submit names for consideration by Cabinet.

If the Authority fails to fill an Education Authority vacancy after it has been presented at three Cabinet meetings following notification of the vacancy, a nominee of the governing body will be automatically appointed.

Criteria for Appointment
Education Authority governors will be chosen on the basis of the contribution they can bring to a school in terms of their skills and experience as specified in their nomination form, taking account of any supporting information provided by the candidate or by the school.

If the Education Authority appointee does not match the needs of the governing body and/or the governing body’s nominee is rejected, the governing body may request the Education Authority to give its reasons.

Removal from Office
The Education Authority may remove an appointed governor from office at any time, providing there is good reason to do so. Governors failing to attend meetings for a period of six months or more without valid reason will be disqualified under the school government regulations.

(a) the Cabinet approves the proposal by the Governing Body of South Ascot Village School to expand the South Ascot Village Primary School to 200 places with effect from January 2008 without modification; and
(b) the Cabinet makes approval of the proposal conditional upon gaining planning permission for the proposal.

Admission No

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

a	All	133	892	869	852	863	873	879	897	914	915	917	910	913
b	Year 1	133	136	119	130	132	136	126	124	130	125	128	137	134
c	Years 1-6 The total number of pupils in Years 1 to 6 is the best measure for year on year comparisons as it avoids discrepancies arising from changes in Rising Five/Reception admissions practices at individual schools.		795	767	756	750	755	765	772	806	804	801	797	800
d	Net Capacity		921	921	921	921	921	921	921	891	891	891	891	891
e	Surplus/Deficit		29	52	69	58	48	42	24	-23	-24	-26	-19	-22

	Option	Comments
	Recommendation A: Cabinet approves the proposal by the Governing Body of South Ascot Village School to expand the South Ascot Village Primary School to 200 places with effect from January 2008 without modification.
1.	Reject the proposal	Not recommended. Not expanding South Ascot Village School will leave an immediate and medium-term deficit of places in the Ascot Primary Schools. The money from the successful TCF bid could not be spent on any other project.
2.	Approve the proposal without modification	Recommended.
3.	Approve the proposal with modification	Not recommended. If, however, modifications are proposed then these will need to be raised with the South Ascot Village School Governing Body. To avoid the Schools Adjudicator a final decision must be made by 7th August, and so Cabinet would need to decide whether to consider the issue again at the July Cabinet meeting or delegate authority to the Lead Member for Learning and Care or a sub committee.
	Recommendation B: Cabinet makes approval of the proposal conditional upon gaining planning permission for the proposal.
4.	Reject the recommendation	Not recommended. If the proposal is approved then the Royal Borough will have a legal duty to implement the proposal, whether or not planning permission is gained. The only way to avoid this would then be to publish a new statutory notice – a ‘revocation’ for public consultation.
5.	Approve the recommendation	Recommended. By making the approval conditional on gaining planning permission, the borough will be legally entitled to modify the date of implementation without further consultation if the reason for any delay is due to planning permission not being granted.

(i) School Standards and Framework Act 1998
(ii) Education and Inspections Act 2006
(iii) The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007
(iv) The School Organisation (Transitional Provisions) (England) Regulations 2007
(v) The Education (School Organisation Proposals) (England) Regulations 1999
(vi) DfES TCF Bid Guidance
(vii) DfES Building Bulletin 99

	Relevant? Yes / No
Key Themes:
getting about.	Yes
learning for life	Yes
being safe and secure	No
caring and health	Yes
living and working in a good place.	Yes
Guiding Principles:
working together	Yes
leaving no one behind	Yes
involving people	Yes
safeguarding the young

· the Chair of Governors, St Michael’s CE Primary School, Sunninghill (App. B)
· the Headteacher, Charters School (App. C)
· the Corporate Director of Learning and Care, RBWM (App. D)
· the Headmistress, St. George’s School, Ascot (App. E)
· a Parent/PTA Chair/ local parish councillor (App. F).

The expansion of the school was regarded as a prescribed alteration under Section 28(2) of the School Standards and Framework Act 1998. It was necessary, therefore, to publish statutory proposals in accordance with regulations. The development of this proposal coincided, however, with the passing into law of the Education and Inspections Act 2006 and the consultation on and finalisation of the accompanying regulations. From the point of view of this proposal, the main change was the abolition of the School Organisation Committee that, under the School Standards and Framework Act 1998, had previously had the power to determine the proposal.

Under the new regulations (The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007), which came into force on 25th May 2007, local authorities regain powers to approve or otherwise a range of proposals relating to school organisation, including the expansion of mainstream community schools as per the proposal under discussion here. Transitional arrangements (The School Organisation (Transitional Provisions) (England) Regulations 2007) have been put in place so that those proposals that had already been published but had not been considered by the School Organisation Committee as at 25th May 2007 could be taken forward under the new arrangements. As the formal consultation period for the proposed expansion of South Ascot Village Primary School was still running on 25th May 2007, those transitional arrangements apply here.

Paragraphs 3.2.7 to 3.2.12 outline in greater detail the next steps for the borough, which include the need to determine the proposal within two months of the end of the statutory notice period, the options to reject or approve (with or without modifications) the proposal, the legal duty to publish an approval notice and the right of a number of bodies to appeal against the decision of the Royal Borough.

Paragraph 3.2.9 also refers to the possibility of the approval of the proposal being made conditional upon a number of specific, prescribed events being concluded. Although the only event likely to be of any relevance to this proposal is item (a) below, the full list has been reproduced here.

(a) the granting of planning permission;
(b) the acquisition of any site required for implementation;
(c) the acquisition of any playing fields required for implementation;
(d) the securing of any relevant access to the site and/or playing fields;
(e) the granting PFI credit approval from the DfES;
(f) the completion of any ‘building project agreement’ with the DfES under the Building Schools for the Future programme;
(g) an agreement to change admissions arrangements of any other school(s);
(h) the making of any scheme relating to any charity related to the school;
(i) the formation of any federation of which it is intended that the school should form part, or the fulfilment of any other condition relating to a federation of which the school is already part;
(j) the approval from the Secretary of State for Education for a proposal to create a Foundation body;
(k) a declaration from the Secretary of State for Education that a school must form part of a group for which a Foundation body acts;
(l) the successful conclusion of any of items (a) to (g) where they relate to another school or schools and upon which the proposal depends.

The Council Fostering and Adoption Services are inspected by government at prescribed intervals. In April 2007 responsibility for inspections was passed to OFSTED. This incorporates the work formerly done by the Commission for Social Care Inspection (CSCI) and the National Care Standards Commission.

The standards against which service providers are assessed are contained in service specific National Minimum Standards documents.

It is a requirement of the Standards that Statements of Purpose and annual reports are approved annually by Members.

The last inspection of the Council’s Fostering Service was undertaken by the CSCI in October 2006. The service was deemed to be ‘Excellent’ and no recommendations were made.

The Council’s Adoption Service was inspected in July 2004. The last inspection was completed in July 2004. All statutory requirements and good practice recommendations are in place.

OFSTED are now to inspect both Fostering and Adoption Services on a three yearly cycle. The first joint inspection will take place in 2007.

	Option	Comments
1.	The publication of Statements of Purpose for the Council’s Fostering Service and Adoption Service is a regulatory requirement.	Failure to meet the standards by not having approved Statements of Purpose in place would impact on the Council’s performance.

	Relevant? Yes / No
Key Themes:
getting about.	No
learning for life	No
being safe and secure	Yes
caring and health	Yes
living and working in a good place.	No
Guiding Principles:
working together	Yes
leaving no one behind	Yes
involving people	Yes
safeguarding the young	Yes

 070605 Draft Cabinet Report Adoption Appendix 1 - Statement of Purpose Adoption 2007 - 8

 Private Fostering Appendix 2

 Royal Borough of Windsor and Maidenhead Fostering Service Statement of Purpose April 2007 Appendix 3