Web Agenda/Minutes Summary Document

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

Meeting Date:
08/04/2008 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

COUNCILLORS MAXWELL (CHAIRMAN), MISS BARTON, J EVANS, LENTON, MRS PITTEWAY (VICE-CHAIRMAN), MRS STOCK AND FIDO.

MR GIBBONS (PORTSMOUTH DIOCESAN REPRESENTATIVE) AND MRS MINTERN (OXFORD DIOCESAN REPRESENTATIVE)

SUBSTITUTE MEMBERS
COUNCILLORS BASKERVILLE, MRS BURSNALL, MRS ENDACOTT, MRS HERDSON, MRS HUNT, MRS LUXTON AND MAJEED

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 2nd June 2008.		i-iv
4*	PANEL WORK PROGRAMME To consider and discuss the Panel’s programme of work. To note that the following items are scheduled for discussion at a special meeting of the Panel on 1st September 2008: Review of secondary school designated areas Action to combat bullying To also note that the following items are scheduled for discussion at the meeting on 29 September 2008: Service Monitoring Report Appointment of School Governors
5*	APPOINTMENT OF LEA REPRESENTATIVES TO GOVERNING BODIES OF SCHOOLS IN THE ROYAL BOROUGH To comment upon the report being submitted to Cabinet on 28 August 2008 on the Appointment of School Governors.	All	1
6	CUSTOMER CARE ANNUAL REPORT 2007/2008 – CHILDREN’S SOCIAL CARE SERVICES To receive a report informing Members about the Social Care complaints process and the level and nature of the complaints and compliments received by Children’s Social Care services, Learning and Care Directorate during the period 1 April 2007 to 31 March 2008.	All	24
7*	14 – 19 DEVELOPMENTS IN THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD To consider the report on 14-19 Developments in RBWM.	All	30
8*	HOME TO SCHOOL TRANSPORT GUIDELINES 2008/2009 To comment upon the report being submitted to Cabinet on 28 August 2008 on the Home to School Transport Guidelines.	All	52
9*	CO-OPTION OF MEMBERS RELATING TO EDUCATION MATTERS To consider the co-option of additional members to serve on the Panel.	All	67
10*	SERVICE MONITORING REPORT To receive the latest service monitoring report in respect of Children’s Services and Leisure services.	All	69
11	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 items 12 and 13 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"

APPOINTMENT OF LEA REPRESENTATIVES TO GOVERNING BODIES OF SCHOOLS IN THE ROYAL BOROUGH

CABINET : 28 August 2008

MEMBER REPORTING: COUNCILLOR MRS QUICK

To consider the vacancies that have arisen or will shortly arise for Local Education Authority (LEA) representatives on school governing bodies within the Royal Borough, and of nominations that have been received, so that appointments may be made.

That Sue Dudley or Muhammad Saleem is appointed to Furze Platt Senior, Mary Stock is appointed to Maidenhead Nursery and the following governors are re-appointed; Andre Davidson, Dorothy Kemp, Emrys Richards and Barbara Muir.

On 21^st July there were 13 vacancies for LEA governors at schools within the Royal Borough at the following schools:

School	Ward	No. Vacancies
All Saints C.E. Junior School	Boyne Hill	1
Braywood C of E First	Bray	1
Clewer Green C of E	Clewer East	1
Datchet St Mary’s	Datchet	1
Dedworth Green First	Clewer North	1
Eton Wick C of E First School	Eton Wick	1
Furze Platt Senior School	Furze Platt	1
Hilltop First School	Clewer South	2
Holy Trinity Primary School Sunningdale	Sunningdale	1
Maidenhead Nursery	Furze Platt	1
Oakfield First	Clewer East	1
Windsor Boys’	Castle Without	1

This represents a vacancy rate of 1.2% of the total number of governors or 8.3% of LEA governors. Ward Councillors for these vacancies have been notified via an e-mail.

The following education LEA governors are about to reach the end of their current term of office and have submitted nomination forms seeking re-appointment for a further term of office.

Representative seeking
School Ward Reappointment

Andre Davidson	Furze Platt	Yes
Dorothy Kemp	Cox Green	Yes
Emrys Richards	Cox Green	Yes
Barbara Muir	Park	Yes

LEA governors at the following schools will reach the end of their current term of office before August 2008. Letters are sent to each governor inviting them to apply for re-appointment. Applications are invited from Members and other interested individuals for consideration for these positions at the time of the next report.
Current representatives

Under the Authority’s Code of Practice, nominations will only be considered if submitted on the appropriate application form prior to a published closing date. Appointments to fill any of the vacancies in this report can only be made from the nominations listed in the schedule at Appendix A.



	Option	Comments
1.	To select an appropriate applicant from those included to be recruited to the corresponding vacancy.	If it is deemed that the skills and knowledge of the applicant meet the needs of the schools it will be an advantage to the governance resource of that school to endorse the application immediately.
2.	To defer some/all appointments to a future meeting.	Members select applications for recruitment at alternate Cabinet meetings. This means that a delay could add a further two months to the application process. The DCSF recommend that appointments should normally be made to fill vacancies within three months.
3.	To reject some/all applications.	Members have the right to reject applications. This would be on the basis that the applicant’s skills and knowledge will not support the school and does not fit with the current required need.


The risk assessment identified the role of a focused, continual marketing campaign to attract applications, to ensure a diverse choice of applicants for Members final decision.

Under the Authority’s Code of Practice, 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.

If the person appointed does not match the specified needs of the governing body and/or the governing body’s preferred candidate is rejected, the governing body may request the authority to give its reasons.

Candidates have the right to decline an appointment if it does not meet their preferences.

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 i.e. the involvement of the Secretary of State to determine disputes. This provision allows for applications to be made to the Secretary of State for directions etc. by governing bodies (and the LA itself). The Secretary of State has power to:

- determine disputes directed to him

- prevent unreasonable exercise of functions and give directions

- declare that a body has acted in default and give directions

- secure performance of a local authority’s functions and give directions

1. There are no Convention Right under the Human Rights Act relevant to this Report.
2. None of the Convention Rights will be affected by this decision.
3. This decision does not affect any victims as defined under the Human Rights Act.

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


Background Paper: Code of Practice for the Appointment of Education Authority Governors

Monthly report for Learning and Care Directorate Information Bulletin
Monthly report for Corporate Centre which is discussed at Directors Group
Quarterly report to Cabinet

Recommendations arising from complaints are monitored for implementation.

The legislation and guidance states that the objectives of the procedure are:

The Children Act 1989 provides the legal framework for Social Care services complaints procedure together with timescales, who can access the procedure and the appointment of an Investigating Officer and an Independent Person at the second stage of the process.

Local Authority Circular LAC (2004) 11 "Regulations and Guidance on Providing Effective Advocacy Services for Children and Young People Making a Complaint under the Children Act 1989" refers to the guidance from the Department for Education and Skills entitled "Get It Sorted. There is now a duty on local authorities under section 26A of the Children Act 1989 to make arrangements for the provision of advocacy to children and young people making or intending to make representations (including complaints) under the Children Act 1989.

In brief, the complaints process is in 3 stages: (Please see flow chart at Appendix 1)

Stage 1 (Local Resolution)
The operational manager of the service about which the complaint is received, attempts to resolve the matter. The aim is to resolve the complaint as close as possible to the point of service delivery and the service user. An acknowledgement must be sent within 3 working days and a response sent in 10 working days (which can be extended to 20 working days with the complainant’s agreement).

Stage 2 (Investigation)
The complainant decides whether they are satisfied with the outcome of the stage 1 and, if not, can request to progress to stage 2. This request must be received within 20 working days of the stage 1 response. If the complaint is sufficiently serious, the complainant can access the procedure direct at stage 2.

An Investigating Officer (and an Independent Person if the complainant is vulnerable) are appointed by the Customer Care Co-ordinator. They will look into the issues of the complaint and provide a report to the Head of Service outlining their findings within 25 working days.

The Head of Service writes a response to the complainant on behalf of the Directorate using the Investigating Officer’s report as a basis for the response. The letter states whether or not the complaint is upheld, or partially upheld, and any actions the Directorate proposes to take to remedy the situation.
Stage 3 (Review Panel)
The complainant decides that they are not satisfied with the response at Stage 2 and requests progression to Stage 3 of the process. This request must be received within 20 working days of the stage 2 response.

A Review Panel is convened by Democratic Services to review the investigation into the complaint, the Directorate’s response and the outcomes within 30 working days. The Panel consists of 3 independent people.

The Director of Learning and Care responds to the complainant once the conclusions and recommendations of the Panel have been received within 15 working days.

After the above procedure is completed the complainant can, if they so decide, refer the matter to the Local Government Ombudsman.

The usual redress offered when a complaint or part of a complaint is upheld is to review the service offered and/or the procedure that was followed. An explanation of any action to be taken and, where appropriate, an apology will be conveyed to the complainant. An offer of an ex gratia payment could be made for the time and trouble of bringing the complaint to the Directorate’s attention and any exceptional distress caused. No ex gratia payments have been made during this reporting year.

During the period 1 April 2007 to 31 March 2008 the following have been notified to the Customer Care Co-ordinator.

(i) Compliments

(ii) Complaints



Stage	Number	Cost
Stage 1	56
Stage 2	1	£3081.96
Stage 3
Overall Cost of Children’s Services Complaints for the reporting year 1 April 2007 to 31 March 2008		£3081.96

The level of complaints also compares well with other similar sized local authorities.

Of the 56 concerns recorded, 10 were not fully responded to within the 10 working day timescale.

However, all of these were responded to within the allowed 20 working day timescale having gained the consent of the complainant to extend the deadline.

The delays were due to either the complexity of the complaint requiring more time for the operational manager to investigate and fully respond or with arranging a time to meet the complainant before responding.

Any negative comments received (rather than formal complaints) are recorded as a representation. This is not a formal complaint and does not have to be responded to within a set time frame. In this first reporting period for representations there has been a total of 83 recorded negative comments. It is likely as more service users are aware of how to log a negative comment, that the figure for representations will be higher for the period 2008/2009.

14-19 DEVELOPMENTS IN ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD

CHILDREN’S SERVICES AND LEISURE OVERVIEW & SCRUTINY
PANEL: 4^TH AUGUST 2008

MEMBER REPORTING: COUNCILLOR MRS QUICK

The paper is provided in two sections:
1. An outline of the local and national developments and issues within the 14-19 reform agenda for The Royal Borough of Windsor and Maidenhead.
2. A draft 14-19 Education Plan which will form an integral part of the Children’s and Young Peoples Strategic Plan and will shape the commissioning of education provision and services for 14-19 year olds in the local area

The purpose of the report is to ensure members/officers are familiar with key elements of the 14-19 reform agenda and can reach informed decisions about the strategic direction outlined in the 14-19 Education Plan.

That the report is noted and the implications of 14-19 reforms are incorporated into planning and policy.

14-19 year olds and their families in all Wards are affected

The reforms emphasise the overall strategic lead for Local Authorities for planning, commissioning and delivery of 14-19 education and training. This can only be achieved by working in partnership with other agencies and providers and with other Local Authorities and institutions to enable effective cross border provision.

The 14-19 reforms have three main themes
Raising Attainment – getting more young people on to learning programmes that meet their needs and help them achieve their potential.

Construction and the Built Environment and Environmental and Land Based Studies

Construction achieved a category 2, which means we can begin delivery in September 2009.

Society Health and Development was applied for in Gateway 1 and we have now met all conditions to begin delivery from September 2009

Environmental & Land Based Studies achieved category 3, which means we are not ready for 2009, but with conditions, will mean a 2010 start. This Diploma is being jointly developed with Reading, Slough and other Local Authorities.

The 14-19 Strategic Partnership are now considering diplomas for Gateway 3 (November 2008) and expect to develop a submission for Sport & Active Leisure for delivery from September 2010.

The two agencies will have regional and national capacity and will share the key priorities of

Raising the school leaving age
Improving attainment
Delivering 14-19 reforms and the entitlement

1. That Berkshire is declared a sub-region for the proposed machinery of government change

2. That the sub-region takes responsibility for:
commissioning FE provision in Berkshire
commissioning provision for 16-25 year old students with learning difficulties and disabilities in Berkshire
sharing good practice in relation to diplomas, and where desired sharing access to diploma provision beyond LA boundaries

3. That the governance of this commissioning activity is nested in the Berkshire Economic Strategy Board (BESB) structure and a new 14-19 Commissioning Group becomes a sub group under that structure

4. That Directors of Children’s Services work with the LSC to propose options for resourcing and staffing this joint commissioning activity which include the option of a shared service for delivering it.

5. That we prepare a joint paper on these issues that can be put to the Cabinets of the respective Councils during the Autumn –informally in the first instance

	Option	Comments
	1. Promote partnerships and structures that support the implementation and development of a range of vocational qualifications including Diplomas	This work is ongoing and Diploma delivery in partnership with Slough can begin Sept 2009
	2. Restrict number of Diploma lines on offer in the borough	This will reduce the number of learning options for young people
	3. Develop the planning, commissioning and delivery role of the Local Authority and its Strategic Partnership	The DCSF 14-19 Implementation Plan highlights key role of LAs and Strategic Groups in delivering reforms

14-19 Education and Skills White Paper (2005)

RBWM The Children and Young Peoples Plan 2008 -2011

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



	Relevant? Yes / No
Key Themes:
Supporting Children & Younger People	Yes
Supporting Adults & Older People	Yes
A Thriving, Cleaner, Greener Borough	Yes
Safer & Stronger Communities	Yes

The 14-19 Education Plan has been developed through consultation with the 14-19 Strategic Partnership. The group includes the key stakeholders in 14-19 policy including Connexions, LSC, FE College Principles and Headteachers from Secondary Schools.

Other colleagues can be invited for specific business items.

promote a vision for a 14-19 education that is inclusive, promotes an entitlement for learning for all and challenges inequality.

have strategic oversight of education and training for 14-19 year olds in the Royal Borough of Windsor and Maidenhead.

lead, implement and evaluate the impact of the 14-19 Strategy for the Royal Borough of Windsor and Maidenhead.

plan high quality learning pathways, relevant to the aspirations of the learner and based on a clear assessment of local area needs.

ensure a breadth and choice of provision that raises achievement and leads to progression in education training and employment.

prioritise and direct the work of any 14-19 task groups.

The Connexions service, schools and partners should improve access to impartial information, advice and guidance to all children and young people on the full range of options available to them at age 16 (Action within 6 months)
Improve the access to post- 16 provision at levels below advanced level, including for young people with learning difficulties and/or disabilities
Provide access to a broader range of vocational options for young people aged 14 and above

	Aged 16	Aged 17	Aged 18	16-18 Total	Aged 19	Aged 20+	Cohort Total
Cohort total	252	1446	1395	3093	1301	108	4502
EET Total	248	1365	1321	2934	1211	76	4221
In education, post Year 11	218	1172	1053	2443	855	57	3355
School Sixth Form	161	818	654	1633	144	0	1777
Sixth Form College	0	0	0	0	0	0	0
Further Education	57	353	323	733	205	44	982
Higher Education	0	0	73	73	498	13	584
Part time Education	0	1	2	3	1	0	4
Gap Year students	0	0	1	1	7	0	8
Other Post 16 Education	0	0	0	0	0	0	0
Employment	26	180	263	469	352	17	838
Employment funded through GST	2	20	51	73	68	0	141
Employment with training to NVQ 2 or above	3	18	37	58	41	2	101
Employment without training to NVQ 2	6	63	86	155	116	9	280
Employment with locally recognised training	10	47	55	112	91	2	205
Temporary employment	1	12	12	25	13	1	39
Part Time Employment	4	20	22	46	23	3	72
Training	4	13	5	22	4	2	28
LSC funded E2E training	3	9	4	16	3	0	19
Other LSC funded training	0	1	0	1	0	0	1
Other GST (eg, LA or ESF funded provision)	1	3	1	5	1	1	7
New Deal	0	0	0	0	0	1	1

Consolidate partnership working
Ensure that curriculum planning is clearly based on local skills needs and the demand from young people

Target	National 2006	2006	National 2007	2007	National 2008	2008	National Target 2011	Target RBWM 2011
5 + GCSEs A* - C at 16	59%	64%	62%	65%				62% 2010 LAA

Target	National 2006	2006	National 2007	2007	National 2008	2008	National Target 2011	Target RBWM 2011
L2 Attainment at 19	71%	80%		79%	74%	80%	82%	85%
L3 Attainment at 19	47%	62%		60%	48%	61%	54%	65%
% gaining at least one qualification at end of KS4	97%	98%	98%	98%				2010 LAA 99.5%

Increase the overall effectiveness of Secondary and Middle- deemed secondary schools (CYPP EA2)
Increase the percentage of young people attaining one or more A*- G grades
Narrow the attainment gap so that vulnerable and potentially underachieving children achieve the highest possible standards

Develop and enable access to a full range of learning opportunities (including educational and vocational) for 14 -19 year olds so that all young people are able to benefit from employment, education and training (CYPP EW1)

Develop and enable access to the full range of learning opportunities (including educational and vocational) for 14-19 year olds, so that all young people are able to benefit from employment education and training (Achieve Economic Well Being)

Narrow the attainment gap so that vulnerable and potentially underachieving children achieve the highest possible standards (Enjoy and Achieve)

Improve the life chances for all children and young people by raising the proportion of middle and secondary schools judged by OFSTED to be good/outstanding (Enjoy and Achieve)

Reduce disaffection amongst vulnerable young people through targeted youth support (Making a positive contribution)

Increase the provision of a range of vocational options for 14-19 year olds by introducing diplomas within the Royal Borough
Reduce the 16-18 year olds who are not in education, training or employment

Improve access to, (and) participation in education and training.

Narrow the attainment gap so that vulnerable and potentially underachieving children achieve the highest possible standards.

Increase the percentage of young people attaining one or more A*- G grades.

To improve the proportion of young people who progress to Levels 1, 2 and 3) by the age of 19.

Consolidate and improve partnership working in order to further develop and enhance 14-19 provision across the area.

Ensure that curriculum planning is clearly based on local skills needs and the demand from young people.

Improve the quality of provision for 14-19 learners throughout the Borough.

No	Risk (Threat/Opportunity to achievement of business objective)	Assessment of Risk [As it is now]			Risk Control Measures	Assessment of Residual Risk [With control measures implemented]			Responsible	Timescale
		Impact (Severity) [I]	Likelihood (Probability) [L]	Risk Score [IxL]		Impact (Severity)	Likelihood (Probability)	Residual Risk Score
	Diplomas are not accessible to all learners in RBWM	2	2	4	Promote partnerships and structures that support the implementation of a range of vocational qualifications including Diplomas	2	2	4	LA and Strategic Partnership	2008- 2013
	Strategic Partnership and LA have capacity, expertise and resources to undertake commissioning and delivery role	2	2	4	Strategic Partnership develops strategic capacity in planning, commissioning and delivery of 14-19 education and training.	2	1	2	LA and Strategic Partnership	2008- 2010
	Directors of Children’s Services and LSC work towards a Berkshire sub–region for machinery of government changes	3	2	6	Phased development work towards a joint paper for Cabinet approval	2	2	4	Director of Children’s Services and LSC	2008 -2010

HOME TO SCHOOL TRANSPORT GUIDELINES

CABINET: 28^th AUGUST 2008

MEMBER REPORTING: COUNCILLOR MRS QUICK

To seek Members’ approval for the new Home to School Transport Guidelines that are intended to come into effect in September 2008. The guidelines have been updated in the light of the Education and Inspections Act, 2006.

All wards may be affected by the contents of this report.

Children between the ages of 8 and 11 from low income households are now entitled to free transport if the nearest appropriate school is over two miles from home.



There is also a new eligibility criterion from September 2008:

Children over the age of 11 of low income families are now entitled to free transport to any of their nearest three appropriate schools between three and six miles, and to the nearest appropriate school preferred by reason of a parent’s religion or belief between two and 15 miles.

Children and Young People Plan 2008-2011
Learning for Sustainability Strategy

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

	Relevant? Yes / No
Key Themes:
Supporting Children and Younger People	Yes
Supporting Adults and Older People	No
A Thriving, Cleaner, Greener Borough	Yes
Safer and Stronger Communities	Yes

No consultation has taken place on these proposals as the policy changes are as a result of changes in legislation. However, it is recommended that the review of policy is undertaken over the next year in the following policy areas:

Provision of transport for looked after children
Provision of discretionary transport to denominational schools
Post 16 transport
Additional options for transport, e.g. using budget resources to fund
alternative schemes of transport such as bicycles.

TO BE COMPLETED AFTER THE OVERVIEW AND SCRUTINY COMMITTEE HAVE MET.

The eligibility changes discussed above mainly affect the mainstream pupils budget (under 16). Total expenditure on mainstream under 16 pupils for the financial year 2008-09 is predicted to be around £440k, but the costs of the eligibility changes for pupils from low income families is expected to be a small proportion of this. The Royal Borough has a £25,000 grant during the current financial year (rising to £62k in 2010-11) to meet the expected additional costs of implementing the new criteria. It is not anticipated that demand will exceed this budget although this is a complex area subject to multiple factors.

Relevant legislation includes the Education Act, 1996 and the Education and Inspection Act 2006.

The Convention Right under the Human Rights Act relevant to this report is Article 2 of the First Protocol, i.e. the right to education.

There are no planning implications arising from the present report.

It is in the interests of sustainable development to encourage the use of public transport, walking and cycling, and to discourage the use of private vehicles.

The proposed Guidelines seek to ensure equality of access to schools.



 Meetings 080804 Cslosp Home School Transport Appendix 1




 Meetings 080804 Cslosp Home School Transport Appendix 2

CO-OPTION OF MEMBERS RELATING TO EDUCATION MATTERS

CHILDREN’S SERVICES & LEISURE OVERVIEW & SCRUTINY PANEL: 4 AUGUST 2008

REPORTING OFFICER: ANDREW SCOTT, DEMOCRATIC & CIVIC SERVICES MANAGER

The Panel is invited to consider the co-option of additional members to serve on the Panel when dealing with education matters in addition to the statutory church and governor representatives that are currently appointed to serve on the Panel.

Members are asked to consider whether additional co-opted Members should be appointed to serve on the Children’s Services and Leisure Overview and Scrutiny Panel, and if so, which groups or individuals should be represented.

Background Papers:
None

i) The provisional revenue and capital outturn figures be noted;

ii)The capital programme variances and slippage (including the award of IT contracts) identified in paragraph 3.2.9 be noted;

iii) Directors work with Lead members to develop proposals to contain expenditure within current budget limits.

	Option	Comments
	1. Accept the report	Directors have a responsibility for managing their Services within the Budget approved by Council. Cabinet has limited power to vary those budgets within the overall budget and policy framework or to re-define the priorities agreed when the budget was approved. Cabinet does however have responsibility for considering the impact on future years budgets of the decisions taken.
	2. Reject the report	This is not an option as The Local Government Act 2003 requires the Royal Borough to monitor its financial position

 Meetings 080804 Cslosp Service Monitoring Appendix 1

 Meetings 080804 Cslosp Service Monitoring Appendix 2

 Meetings 080804 Cslosp Service Monitoring Appendix 3

 Meetings 080804 Cslosp Service Monitoring Appendix 4

 Meetings 080804 Cslosp Service Monitoring Appendix 5