Web Agenda/Minutes Summary Document

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

Meeting Date:
11/20/2007 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	APOLOGIES FOR ABSENCE To receive any apologies for absence.
2	DECLARATIONS OF INTEREST To receive Declarations of Interests from Members of the Panel in respect of any item to be considered at the meeting.
3	MINUTES To confirm the Part I minutes of the meeting of the Panel held on 2 October 2007.		i-iii
4*	FEES, CHARGES & ALLOWANCES 2008/09 To comment upon the report being submitted to Cabinet on 22 November 2007 on the proposed Fees, Charges and Allowances for 2008/09.	All	1
5*	APPOINTMENT OF LEA REPRESENTATIVES TO GOVERNING BODIES OF SCHOOLS IN THE ROYAL BOROUGH To comment upon the report being submitted to Cabinet on 22 November 2007 on the Appointment of School Governors	All	14
6*	ANNUAL CONSULTATION ON SCHOOL ADMISSION ARRANGEMENTS To comment upon the report being submitted to Cabinet on 22 November 2007 on the School Funding Consultation.	All	25
7*	SERVICE MONITORING REPORT CHILDREN’S SERVICES & LEISURE To receive the latest service monitoring report in respect of Children’s Services and Leisure services.	All	47
8*	HOLYPORT MANOR SCHOOL To receive a verbal update in the re-provision of Holyport Manor School.	All	-
9*	TERMS OF REFERENCE To consider Terms of Reference for the Panel. Relevant sections from the constitution are attached.	All	55
10	WORK PROGRAMME The following items are scheduled for discussion at the meeting of the Panel to be held on 29 January 2008: · Budget 2008/09 · Every Disabled Child Matters · School Meals - Take up by entitled Children. · Appointment of School Governors · Standards and Quality in Education · Service Monitoring Report	All	-

	Option	Comments
1.	Accept the report	The proposed fees and charges are based on market knowledge and set at a sustainable level. They will assist in maintaining service provision levels and recognise customer feedback.
2.	Modify the report	Members may propose alternative increases to the fees and charges under the Royal Borough’s control. However, the charges proposed are set at a sustainable level and the financial impact is included in the 2008/09 budget being drafted. Significant deviation or delays could therefore impact on service provision.
3.	Reject the report	This is not an option. Car parking charges are subject to a 3-week consultation period. Rejecting the report could delay implementation with a consequential financial impact in the forthcoming year.

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

 Meetings 071120 Cslosp Fees Charges Appendix

This represents a vacancy rate of 0.4% of the total number of governors or 2.7% of LEA governors. Ward Councillors for these vacancies have been notified via an e-mail.

Two applications have been received for one of the vacancies listed above, but due to Mr Sidhu withdrawing his application, Members are invited to consider making the following appointment:

School	Ward	Representative seeking Reappointment

School	Ward	Term of office end	Re-submitting

6.2 Legal

The composition of governing bodies is set out in the Education Act 2002, the School Governance (Constitution) (England) Regulations 2007. School Governance (Federation) (England) Regulations 2007 and School Governance (New Schools) (England) Regulations 2007. If a school has concerns with the LEA governor appointment, which are not satisfied by the provision of Cabinet decision notes on the appointment, the school may:

1. Make a complaint to the Local Government Ombudsman
2. Submit an application to judicially review the decision
3. Direct their concerns to the Secretary of State under Part IX Education Act 1996

6.3 Human Rights Act

The Convention Right under the Human Rights Act relevant to this Report is Article 14 – prohibition of discrimination. The article rights will not be affected by this decision. The decision does not affect any victims as defined under this Act.

6.4 Planning

There are no planning implications in this report.

6.5 Sustainable Development

LEA governors could seek to promote the Council’s sustainable development policies within their governing bodies.

6.6. 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

BRIAN SHANKS ST MARY’S CATHOLIC PRIMARY SCHOOL ONE APPOINTMENT	Previous Experience	Mr Shanks has volunteered as a parent governor and has a background in education, previously working as a literacy lecturer. Mr Shanks is currently completing a PHD with the OU and has been elected to sit on various committees where he plays an active role advising on curriculum and the strategic development for the OU.
	Reasons for Application	Mr Shanks is keen to continue working in the education sector and believes his experiences will be of benefit to a governing body.
	Other relevant information	Mr Shanks met with the Chair and Headteacher on the 6th November. The school agree his educational experience would be of benefit to the governing body.

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
Appointment decisions rest with cabinet. 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 for three months after it has been presented at Cabinet, the governing body can make an appointment.

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.

CABINET: 13 DECEMBER 2007

MEMBER REPORTING: COUNCILLOR MRS QUICK

All

By virtue of Regulations made pursuant to Section 89B of the School Standards and Framework Act 1998 (SSFA 1998), all authorities must have a Co-ordinated Admissions Scheme for both primary and secondary schools. Should the Authority fail to put in place such a scheme, a scheme may be imposed on the Authority by the Secretary of State. A Secondary Co-ordinated Admissions Scheme enables parents to complete their ‘home’ Authority application form and to receive one letter offering one school place.

	Option	Comments
1.	Recommendation that Members approve, for consultation, the criteria for admission for the academic year 2009/2010 as set out in Annex 1 and 2, 2a and 2b.	Recommended
2.	Recommendation that Members approve, for consultation, the Co-ordinated Admissions Schemes for the academic year 2009/2010 for primary and secondary schools.	Recommended
3.	Recommendation that Members approve, for consultation, the continuing Specialist Schools 10% Selection by aptitude for performing arts or sport.	Recommended
4.	There are no reasonable alternatives available to the Council as there is a statutory requirement to have a Co-ordinated Admissions Scheme for both primary and secondary schools. Should the Council fail to agree schemes, the DCFS will impose schemes.

The recommendations contained in this report also contribute to the Community Strategy in the following ways:

	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

There are no implications from the consultation itself.

3. This decision does not affect any victims as defined under the Act.
4. Article 14 Prohibition of Discrimination may be relevant (see para 3.2.3.)

There are no planning implications arising directly from this report.

There are no implications arising directly from this report

There are only positive implications arising directly from this report.

Background Papers:

School Standards and Framework Act 1998
Education (Determining School Admission Arrangements) Regulations 1998
Education (Determination of School Admission Arrangements) Regulations 1999
Education Act (2002)
Department for Education and Skills: Five Year Strategy for Children and Learners (2004)
Specialist Schools Programme Application Guidance

The school supports the following sports and only these will be considered under the specialist criteria.

Criteria for Entry to The Windsor Boys’ School

If your child has a Statement of Special Educational Needs, naming a particular school, he or she is required to be admitted to that named school. For all other applicants the following criteria will then be applied. The proposed criteria are, in order of importance:

Portsmouth Diocese Schools Commission
Buckinghamshire County Council
Surrey County Council
Slough Borough Council
Wokingham District Council
Bracknell Forest Borough Council
London Borough of Hillingdon
Chair of Early Years and Childcare Development Partnership
Lynch Hill Primary School
Our Lady of Peace Primary School, Burnham
Priory Primary School, Burnham
Langley Grammar School, Slough
St Bernard’s Grammar School, Slough
Slough Grammar School, Slough
Herschel Grammar School, Slough
Westgate School, Slough

In order that co-ordination is effective, Aided schools are required to adopt the Education Authority’s Primary School CAF for parents to identify the school as their preferred school. A SIF will be drawn up by the Governors of Aided schools to identify their individual

5. The Borough will consider all preferences with an equal weighting, with multiple offers of places resolved by the order of expressed preference; i.e. if it is possible to offer a place at more than one of the preferred schools, only one offer will be made for the school ranked highest in preference by the parents. Parents will be required to formally accept the place within 14 days.

These late applications will be divided into three groups:

If the late application, in a) or b) above, is received after the closing date, but before the allocation is made, the Council will endeavour to include the application with all others received.

The applicant will need to produce documents to prove that they are habitually residing at the new address, such as exchange of contracts or a rental agreement. In the event of a rental agreement it would be expected that this would be for a minimum of one year, still in force at the start of the term in which the pupils first attends school, and through a recognised rental agency. Private family rental agreements are not normally acceptable. Further documents may be requested.

It is also intended that parents receive only one offer of a school place and that the home Authority should send the letter of offer, again irrespective of the preferred school.

Applications made before the closing date of 24 October

1. The Secondary School Common Application Form (CAF) invites parents to express preferences for schools. The Authority believes that the system of equal weighting to all preferences gives parents the greatest opportunity of securing a place at a preferred school. If this system results in multiple offers of places, then this will be resolved by taking into account the order in which those preferences are expressed by the parent or the carer on the application form. At the present time there are only four Admitting Authorities within the Borough: the Education Authority, St Edward's Royal Free Ecumenical Middle School, St Peter's CE Middle School, and Churchmead Church of England (VA) School. Any additional Admitting Authorities will be expected to agree to this scheme and abide by the principles of the scheme. Preferences must be stated on the ‘home’ Education Authority’s CAF. No other form will be considered. The ‘home’ Education Authority is the unitary authority/county council to which council tax is paid. If a separate additional form (Supplementary Information Form – SIF) is needed by Foundation or Aided Schools, it will contain only the additional information required to determine admission within their own criteria. Such forms for Windsor and Maidenhead schools will be obtained from and returned to the relevant school.

2. In July each year the Authority identifies children currently attending their schools who will be transferring to secondary school at the end of Year 6, or Year 4 and Year 8 for Windsor schools. Every effort will be made to provide Independent Schools with information, and publicise the closing date for parents whose children currently attend such schools. Neighbouring Authorities will be asked for, and supplied with, lists of pupils attending a 'non home' Authority school in order that they may complete the appropriate form. The distribution of admissions booklets and preference forms takes place at the start of term in September.

Voluntary Aided Schools

3. Definitive details about the admission arrangements for Voluntary Aided Schools are published in their prospectus and this can be obtained direct from the school. The co-ordinated admissions scheme does not affect the Governors’ duties and rights to determine the admission criteria for their school. It does put a duty on Governors to adhere to the published dates and provide information on the Education Authority in order that letters can be despatched on the required date.
4. In order that co-ordination is effective, Aided Schools are required to adopt the Education Authority Common Application Form (CAF) for parents to identify the school as their preferred school. A Supplementary Information Form (SIF) will be drawn up by the Governors of Aided Schools to identify their individual admission criteria. If a parent is relying on the denominational criterion to secure a place, a SIF must be obtained from, and returned to, each Aided School.

5. The CAF will enable parents to express three preferences whether they are for schools for which the Authority is the admitting authority, or where the governing body of an Aided School is the admitting authority, or schools outside the area (foundation, Aided or community / voluntary controlled or Grammar School in the case of Buckinghamshire and Slough). The form must be completed and returned to the Authority via the current Primary School or direct to the ‘home’ Authority if the pupil currently attends an Independent School. The closing date for applications will be 24 October each year.

Allocating places

6. The Borough will consider all preferences with an equal weighting, with multiple offers of places resolved by the order of expressed preference; i.e. if it is possible to offer a place at more than one of the preferred schools, only one offer will be made, and that will be for the school ranked highest in preference by the parents, even if that preference is for a school in a neighbouring area. It will be automatically assumed that this offer will be accepted, even if the offer is made on behalf of another Admitting Authority. Such applications will have their offer letters sent on 1 March or the next working day. An acceptance / refusal form will be enclosed with the offer letter. Parents / carers will be asked to accept or decline the offer of a school place by 18 March. In line with the Admissions Code failure to return the acceptance form could result in the offer of a school place being withdrawn. If a place is refused, the parent / carer, must inform the ‘home’ Authority which school the child will be attending.

Pupils with a Statement of Special Educational Needs are not considered within the routine allocation process. They are included within the Admission Number (AN) for the year. The Special Needs Section will advise parents of the school place by 15 February.

Transfer of information to and from other Authorities

8. By 14 November, the Authority will expect to have received remaining application forms from the neighbouring Authorities.

9. Neighbouring Authorities and any other Admitting Authority will notify the ‘home’ Authority as soon as possible about offers of places, and by 15 February at the latest. The expectation is that this information will be available for 18 January for the application forms submitted by 14 November. Each Authority will be required to identify any children not being offered places ion order that the ‘home’ Authority can process other preferences. Aided schools will also need to advise the Authority by the end of Autumn term. On each occasion the notification will need to be by means of a clear list, of both those pupils to whom they are and are not offering places, giving the reasons why all preferences have not been met and the numbers in each of the admission categories. This statement will be needed by the end of January at the latest, to enable the appropriate letters to be sent to parents on 1 March, or the next working day.

10. Primary Schools will be sent lists of the allocations being made for their information only. Under no circumstances must the information be released to any other party before 1st March.

11. On 1 March, or the next working day, letters will be despatched, via the Royal Mail, to all parents whose application was received before the closing date. Letters will also be sent on behalf of Aided Schools and any other Admitting Authorities . It will be made clear that the offer is on behalf of and under instruction from the Governors of those schools / Authorities. For those not offered a preferred school, the letter will advise parents of their right of appeal and to whom this appeal should be addressed. For a school for which the Authority is not responsible for admissions, parents will be directed to that Admitting Authority in order that an appeal can be arranged if the parents wish to do so.

12. By the end of March, secondary schools will receive information about the pupils allocated places at the schools. This slight delay will enable any queries to be sorted and the initial withdrawals to be removed.

Late applications

13. It is inevitable that with any closing date there will be applications made after the closing date but before the allocation letters are distributed.

These late applications will be divided into:

If the late application, in a) or b above, is received after the closing date, but before the allocation is made, the Authority will endeavour to include the application with all others received. The applicant will need to produce documents to prove that they are habitually residing at the new address, such as exchange of contracts or a rental agreement. In the event of a rental agreement it would be expected that this would be for a minimum of one year, still in force at the start of the term in which the pupil first attends school and through a recognised rental agency. Private family rental agreements are not normally acceptable. Further documents may be asked for.

CHILDREN’S SERVICES & LEISURE OVERVIEW AND SCRUTINY PANEL: 20 NOVEMBER 2007

CLIFF TURNER, HEAD OF CHILDREN & YOUNG PEOPLE’S SERVICES;
DAVID SCOTT, HEAD OF COMMUNITY SERVICES
JENNY BAILEY, COMMUNITY SERVICES GROUP ACCOUNTANT;
ALAN ABRAHAMSON, LEARNING & CARE GROUP ACCOUNTANT;

To receive the latest 2007/08 service monitoring report in respect of Children’s Services & Leisure.

REVENUE BUDGET £’000
Original Budget 18,512
Net changes previously reported 24
Changes since last report;
Schools Grant budget changes 101
Other changes 18
-----------
Current approved budget 18,655

Changes since last report – see Appendix for detail 370
-----------
Current approved budget 15,362

	Option	Comments
1.	Accept the report	The Local Government Act 2003 requires the Royal Borough to monitor its financial position and bring this to members the attention.
2.	Reject the report	The Overview and Scrutiny Panel has the option of asking for more detailed analysis of specific areas of the budget.

The Councils budget is fundamental to the delivery of all the Council’s Strategies. The recommendations in this report do not directly contribute to the Community Strategy

Consultation was carried out as part of the budgeting process. Unbudgeted significant variations are the subject of separate consultation and report

These are set out in appendices to the report

The Council’s external auditor has powers to qualify its annual accounts if there were regular and significant annual budget variations. Such qualification would affect the authority’s Comprehensive Performance Assessment standing.

None

None

None

None

 Meetings 071120 Cslosp Service Monitoring Appxa

 Meetings 071120 Cslosp Service Monitoring Appxb

The Overview and Scrutiny Panels will together and singly discharge the functions conferred by Section 21 of the Local Government Act 2000 or regulations under Section 32 of the Local Government Act 2000.

The Overview and Scrutiny Panel may appoint such sub-Panels as it considers necessary or appropriate to carry out, effectively, its functions. Each sub-Panel will be politically balanced, will produce Terms of Reference for agreement by the relevant Overview and Scrutiny Panel, including the period during which the sub-Panel shall meet, its membership and its proposals for investigation and reporting.

Within its terms of reference, the Overview and Scrutiny Panels will:

(d) Annual report. The Overview and Scrutiny Panels will report annually to full Council on its workings and make recommendations for future work programmes and amended working methods if appropriate.

The Panel will develop policy options in response to the Council’s strategic priorities.

Adult Services and Health

Planning and Environment

Children’s Services and Leisure

The Adult Services and Health Overview and Scrutiny Panel is responsible for undertaking overview and scrutiny of Health Services within the Royal Borough. The Panel has delegated the role in relation to health services to a Joint East Berkshire Health Overview and Scrutiny Committee, which comprises 3 members from RBWM, 3 from Slough Borough Council and 3 from Bracknell Forest Borough Council.

In undertaking these roles the Overview and Scrutiny Panels will have the power to ‘call-in’ decisions of the Cabinet or any body or individual exercising executive powers.

The Overview and Scrutiny Panels will be involved in considering plans specified in Article 4 of this Constitution and the Budget as set out in Part 4C Policy and Budget Framework.

Where matters fall within the remit of more than one Overview and Scrutiny Panel, the Corporate Services Overview and Scrutiny Panel will determine which Panel will assume responsibility for any particular issue and resolve any issues of dispute between Panels.

The Corporate Services Overview and Scrutiny Panel will have responsibility for monitoring the budget allocated to the Overview and Scrutiny Panels each year.

The Overview and Scrutiny Panels are intended to:

1. Meet bi-monthly, usually three weeks before Cabinet, although other meetings may be convened as required by the Head of Democratic Services in consultation with the Panel Chairman (see E5 below)
2. Comprise 7 Members (with the Education representatives as set out in E4 joining the 7 Member Education and Leisure Panel when Education matters are discussed).
3. Be entitled to exercise up to two call-ins per Cabinet meeting, on matters considered by that meeting of Cabinet, subject to the requirements that the request for call-in is signed by 5 Members of the Council of whom at least 2 are Overview and Scrutiny Panels Members.

vi) Also can include matters which affect the Council’s area or inhabitants.

i) Matters not relevant to Council business or to the Royal Borough.

ii) Employee Industrial Relations, Disciplinary or Grievance matters.

iii) Matters which are subject to formal or statutory appeal processes or are sub-judice.

iv) Individual cases, applications etc. such as in planning, licensing, housing, education etc.

v) Matters which have been subject to a decision following a formal review within the previous 6 months.

vi) Matters which have been considered and determined by any of the Overview and Scrutiny Panels or one of their sub- Panels or the Council within the preceding 6 months.

vii) Matters which are the subject of a current review.

The Council will be responsible for the adoption of its budget and policy framework as set out in Article 4. Once a budget or a policy framework is in place, it will be the responsibility of the Cabinet to implement it.

i) submit a revision of the proposals with the Executive's reasons for any amendments to the Council; or
ii) inform the Council of any disagreement that the Executive has with any of the Council's objections and the reasons for this;
iii) at the same time, the Borough Secretary will be notified by the Leader of the position and shall, within 5 working days, call a Council meeting.

i) The Council called in response to h) iii) above must, when

i) amending the draft plan or strategy or revised draft plan or strategy;
ii) approving for submission to the Government any plan or strategy or part; or
iii) adopting, with or without modifications, the plan or strategy;

take into account any amendments to the plan or strategy, the Executive's reasons for them, any disagreements the Executive has with the Council's objections and its reasons for this.

j) The decision shall then be made public in accordance with Article 4, and shall be implemented immediately.

q) In approving the budget and policy framework, the Council will also specify the extent of virement within the budget and degree of in-year changes to the policy framework which may be undertaken by the Cabinet, in accordance with Rules C5 and C6 of these Rules (virement and in-year adjustments). Any other changes to the policy and budgetary framework are reserved to the Council.

a) subject to the provisions of rule c5 (virement) the cabinet, committees of the cabinet, individual members of the cabinet and any officers, or joint arrangements discharging executive functions may only take decisions which are in line with the budget and policy framework. If any of these bodies or persons wishes to make a decision which is contrary to the policy framework, or contrary to or not wholly in accordance with the budget approved by full council, then that decision may only be taken by the council, subject to rule c4 below.

b) if the cabinet, committees of the cabinet, individual members of the cabinet and any officers, or joint arrangements discharging executive functions want to make such a decision, they shall take advice from the monitoring officer and/or the chief financial officer as to whether the decision they want to make would be contrary to the policy framework, or contrary to or not wholly in accordance with the budget. If the advice of either of those officers is that the decision would not be in line with the existing budget and/or policy framework, the decision must be referred by that body or person to the council for decision, unless the decision is a matter of urgency, in which case the provisions in rulec4 (urgent decisions outside the budget and policy framework) shall apply.

a) the cabinet, committees of the cabinet, individual members of the cabinet and any officers, or joint arrangements discharging executive functions may take a decision which is contrary to the council’s policy framework or contrary to or not wholly in accordance with the budget approved by full council if the decision is a matter of urgency. However, the decision may only be taken:

i) if it is not practical to convene a quorate meeting of the council; and
ii) if the chairman of the relevant overview and scrutiny panel agrees that the decision is a matter of urgency.

the reasons why it is not practical to convene a quorate meeting of council and the chairman of the relevant overview and scrutiny panel’s consent to the decision being taken as a matter of urgency must be notified on the record of the decision. In the absence of the chairman of the relevant overview and scrutiny panel the consent of the mayor, and in the absence of both, deputy mayor will be sufficient.

b) following the decision, the decision taker will provide a full report to the next available council meeting explaining the decision, the reasons for it and why the decision was treated as matter of urgency.