statutory guidance

Dec 6 2011

Wakeman School to Close – Schools Adjudicator Lessons

I’ve received the sad news in recent days that the fight to save the Wakeman School in Shrewsbury from closure has been unsuccessful. Despite putting up a fantastic fight and with the support of most of the local community and the local Diocese, The Schools Adjudicator has approved the Shropshire County Council plan to close the school.

Having read the Adjudicator’s report in detail, I must say that I am disappointed with his report which does not, in my opinion, provide the level playing field that I have previously supported and championed. He glosses over some of the clear inadequacies of the council’s process and consultation and does not delve sufficiently deeply into the statistics which were contentious and challenged strongly by the Wakeman Parents group. There were no reprimands, slight or otherwise, for a council that did not plan to consult formally with the school’s pupils or the feeder primary schools. He stated that these things had happened but chose to allow the council off scot free with the argument that eventually these groups were aware of the consultation (mainly because of the school and parents’ actions) so they got their opportunity to make their representations anyway! He seems not to have seen this as a failing of the council which seems inexcusable. In similar situations, I have seen Schools Adjudicators criticise councils in their reports for identical failures.

Up to this point I have felt that access to The Schools Adjudicator is a positive thing to ensure an unbiased and objective assessment of the situation. This report shows that the Schools Adjudicators are individuals and have their own predispositions. In other words, your chances of getting a fair hearing might depend on which Schools Adjudicator you get for your appeal.

In many ways this is still preferable to a more cynical interpretation of this report which might suggest that, generally speaking, councils’ arguments are now being given more priority because of the dire financial circumstances they find themselves in. But where does this leave good schools and parents and pupils? Is the Statutory Code of Guidance being interpreted in favour of councils to help save them money? Let’s hope this is not the case or else the code’s phrase “an education system shaped by parents” sounds very hollow and deliberately misleading.

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Jun 29 2010

School Closures in Wales

Closing a school in Wales is governed by the Welsh National Assembly. You can access the details below:-

School Organisation Proposals: Welsh Assembly Government Circular No: 021/2009

However, the situation appears to be changing as the Minister wants to reduce the time taken to make a decision and reduce the involvement of the Minister in appeals cases where there are objections. The text of his latest letter is shown below (dated June 2010):-

Minister’s Oral Statement – School Organisation – June 2010

It seems to me that the National Assembly is trying to get out of the difficult process of making the final decision in most cases. However, it is not clear if there will be a replacement for their appeals process at local level that is fair and objective. May be now is the time to lobby the National Assembly to keep a workable appeals process in the new proposals.

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Jun 4 2010

School Closure Process – Video

School Closure Process (England)

Click the above link and the video will load up and play with Windows Media Player. There is an audio commentary with the presentation.

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Jun 2 2010

Parents’ Rights?

If you have ever been involved in a school closure it is difficult to avoid the conclusion  that parents seem to have no rights and their views are ignored during the consultation process. This is how many local authorities treat the parents in the process either deliberately or inadvertently.

But it is important to know that even the law says that parents have an important influence. The statutory guidance says:


“A System Shaped by Parents

4.17 The Government’s aim, as set out in the Five Year Strategy for Education and Learners and the Schools White Paper Higher Standards, Better Schools For All, is to create a school system shaped by parents which delivers excellence and equity.  In particular, the Government wishes to see a dynamic system in which:

· weak schools that need to be closed are closed quickly and replaced by new ones where necessary;

· the best schools are able to expand and spread their ethos and success; and

· new providers have the opportunity to share their energy and talents by establishing new schools – whether as voluntary schools, Trust schools or Academies - and forming Trusts for existing schools.

4.18The EIA 2006 amends the Education Act 1996 to place new duties on LAs to secure diversity in the provision of schools and to increase opportunities for parental choice when planning the provision of schools in their areas.  In addition, LAs are under a specific duty to respond to representations from parents about the provision of schools, including requests to establish new schools or make changes to existing schools.  The Government’s aim is to secure a more diverse and dynamic schools system which is shaped by parents. The Decision Maker should take into account the extent to which the proposals are consistent with the new duties on LAs.

Standards

4.19 The Government wishes to encourage changes to local school provision which will boost standards and opportunities for young people, while matching school place supply as closely as possible to pupils’ and parents’ needs and wishes.


Surplus Places

4.34 It is important that education is provided as cost-effectively as possible. Empty places can represent a poor use of resources - resources that can often be used more effectively to support schools in raising standards. The Secretary of State wishes to encourage LAs to organise provision in order to ensure that places are located where parents want them. LAs should take action to remove empty places at schools that are unpopular with parents and which do little to raise standards or improve choice. The removal of surplus places should always support the core agenda of raising standards and respect parents’ wishes by seeking to match school places with parental choices.”

These are not idle words but local authorities seem to be blind to these sections of the guidance. These words can be used to support your case particularly when you have experienced a poor consultation and will resonate with The Schools Adjudicator if they get involved.

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