Agenda and minutes

An apology for absence was received from Councillor MacMull, who had resigned from the Committee. Apologies were also received from Dolores Bray-Ash, Tom Clements and Michael Youlton.

Cora Green, Co-opted Member to Public Protection and Safety PDS Committee sent an apology for absence in relation to Item 4: Youth Offending Team: Core Case Inspection of Youth Offending Work by her Majesty’s Inspectorate of Probation.

Apologies for lateness were received from Councillor Papworth and Councillor Buttinger.

The Chairman reminded the Committee that the Declarations of Interest made at the meeting on 14^th July 2011 were taken as read.

To hear questions to the Committee received in writing by the Democratic Services Team by 5pm on 14^th March 2012 and to respond.

No questions had been received.

This item will be considered jointly with the Public Protection and Safety PDS Committee.

Report DCYP12032

The Committee considered a report jointly with members of Public Protection and Safety PDS Committee which summarised the key findings and recommendations arising from the full Core Case Inspection of the Youth Offending Team by Her Majesty’s Inspectorate Probation in November 2011.  The primary purpose of the inspection was to assess the quality of practice in relation to three general criterion; assessment and sentence planning, delivery and review of interventions and outcomes.

Following the inspection, Bromley’s Youth Offending Team had been awarded the best possible score of Minimum Improvement Required for two out of the three criterion and Moderate Improvement (bordering on Minimum) for the third.  Inspectors had also made comment that they noted a significant improvement in practice standards and the quality of the service on offer since their 2007 and 2008 inspections. 

The Chairman congratulated Officers on the outcome of the inspection and thanked all those involved for their hard work. Thanks to their dedication and professionalism the service had seen significant improvement and was now deemed by the Inspectorate as needing “Minimal Improvement”. He also thanked Officers in the Public Protection and Safety Department and the Public Protection and Safety Portfolio Holder and Chairman.

The Chairman of the Public Protection and Safety Policy Development and Scrutiny Committee addressed the meeting and also praised Officers.  Four years ago the Service was underperforming but thanks to the work of staff it had improved and was now viewed as an example of best practice for other Local Authorities. The Public Protection and Safety Portfolio Holder also added his thanks to officers.

RESOLVED that the Portfolio Holder be recommended to:

1)  Note the inspection outcomes; and

2)  Approve the draft improvement plan for Bromley Youth Offending Team Service.

In considering the minutes, a Co-opted Member noted the debate that had taken place around the music education needs of children with special educational needs, and highlighted the need to ensure a wide range and quality provision was available to children with special educational needs.

RESOLVED that the minutes of the meeting held on 21^st February 2012 be agreed.

Report RES12052

On 27^th February 2012, the Portfolio Holder for Children and Young People approved proposals for the Bromley Seed Challenge Scheme, funded through the Capital Maintenance Grant.  The decision not to support the scheme proposed to improve ICT provision at Alexandra Junior School has been called in by Councillors John Getgood, Peter Fookes, Kathy Bance, Mrs Anne Manning and John Canvin, and the Committee was asked to consider what action should be taken in response to the call-in.

The grounds of the call-in were as follows:

“On behalf of and with the support of Cllrs. Peter Fookes; Kathy Bance, Mrs Anne Manning and John Canvin, I am writing to call in the decision of the Portfolio Holder for Children & Young People of 27^th February 2012 that the list of schemes set out in the Appendix to Report DCYP12030, The Bromley Seed Challenge Scheme, be approved. 

We believe that the school’s proposal was a well considered scheme.  It would have allowed for an upgrading the school’s outdated, fixed IT provision to match that needed for teaching a modern curriculum while at the same time freeing space to enable the school to move a Year 5 class out of an unsatisfactory mobile classroom into the main school.  Members were able to see the importance of this scheme for themselves on a recent Members’ visit.   We are calling on the Portfolio Holder to support the Alexander Junior School application in the scheme on the following grounds.

We believe that greater weight should be given to proposals which have a direct effect on teaching and learning, especially while money for schools is tight.    Alexandra Junior School has a newly appointed Head Teacher who is working hard to bring the school out of the Ofsted category of “Satisfactory”, a priority for both this council and the Government.  The new Head of Ofsted is proposing to do away with the 'satisfactory' category and replace it with 'needs improving'.   Surely want to do everything we can to stop Bromley schools falling into this category.  The proposed improvements at AJS will have a direct impact on standards, which is a key component to any Ofsted judgement. 

It has been suggested that the scheme was not recommended for approval because IT provision should not qualify as part of a capital provision scheme.  We believe this argument fails to distinguish between ad hoc IT provision and this scheme, which involves an extensive system replacement and development project, which should be considered as a capital requirement. 

It has also been proposed that the school should apply again next year.  Unfortunately, this is not practical as the school is expecting an Ofsted visit in the autumn and needs to improve its provision now.  If the AJS scheme is not supported, the school will have to start on a less efficient and less effective scheme instead.   We believe the decision did not give sufficient weight to the timeliness of the application. 

We appreciate that at this stage, despite the  ...  view the full minutes text for item 92.

To hear questions to the Portfolio Holder received in writing by the Democratic Services Team by 5pm on 14^th March 2012 and to respond.

A written question had been received from Councillor John Getgood, attached at Appendix A.

Officers gave clarification that the figure for the Director’s salary, quoted in the response, included on costs and was not the gross salary paid to the Director.

The Committee to receive an update from the Portfolio Holder and to note decisions taken since the last meeting.

The Portfolio Holder noted that it was the Director CYP’s last meeting and thanked her for all the work she had undertaken to improve outcomes for children and young people in the Borough. Under her leadership the Department had progressed from “Adequate” to “Good”.  She had also improved other services which came within her remit such as the Youth Offending Team, Looked After Children and Fostering and Adoption. 

The Chairman also thanked the Director for her dedication and hard work which had led to Bromley having one of the best departments nationally.  He wished her well for the future.

The Director thanked the Chairman and Portfolio Holder for their generous comments.  She said she was very committed to Bromley and had seen it go from “strength to strength”.  She had enjoyed working in such a good Portfolio with a rigorous structure.

Brian James, a Co-opted Member, also added his thanks for the Director’s commitment, attention to detail and her integrity.

The Committee noted decisions taken by the Portfolio Holder since the last meeting of the Children and Young People PDS Committee held on 21^st February 2012.

The Children and Young People Portfolio Holder to present scheduled reports for pre-decision scrutiny on matters where he is minded to make decisions.

Report DCYP12048

The Portfolio Holder introduced the twelfth in a series of updates from the Director CYP on the policy developments within the Government’s reform programme for education and wider children’s services.  The report featured an update on the academy programme, developments within Bromley and the strategic implications for the Council.

Officers highlighted the conversion to academy status of The Priory School and Hillside Primary School.  The Priory had been formally issued with an Academy Order by the Secretary of State on 15 February 2012, with a planned conversion date of 1 May 2012; Hillside Primary School would be converting to academy status under a sponsored conversion route, with The Priory acting as the sponsor partner following formal discussion including the Department for Education, the Local Authority and Governors.  The Expression of Interest document, the first stage of the sponsored conversion process, was in progress, with the conversion target date of 1 September 2012.  Given the projected deficit for the school at the point of conversion as a sponsored Academy, the Council would be liable for the deficit on conversion; These costs would be met from the Dedicated Schools Grant (DSG) rather than the Revenue Support Grant (RSG).

In relation to the issue of ending the annual Ofsted Children’s assessment consultation the Chairman sought clarification that the Department had commented on the proposals.  The Director confirmed that a response had been issued. 

Under the changes to the Ofsted judgement categories the Director reported that Bromley fared well in that they had only one school in the new category “requires Improvement”. However the name of that school was still embargoed.

In response to a question from the Chairman, the Director confirmed that both St Olave’s and Newstead Wood Schools had had no exclusions in 2011/12.  She went on to explain that academies were seeking to make alternative provision for pupils at risk of exclusion to avoid the notion of exclusion. From Autumn 2011 schools appeared to be removing pupils by non-admission.

Members were also informed there would be a review of the Behaviour Service on engaging schools.  Another element was Pupil Referral Units (PRU) potentially becoming Academies and the effect that this would have on the service. A report was scheduled on all these issues and would be brought back to the June meeting of the Children and Young People Policy Development and Scrutiny Committee.

With regard to Raising the Participation Age (RPA) the Director had confirmed that although this was introduced by a previous Government, the Coalition Government had not retracted this requirement.  Therefore from summer 2013, it would no longer be possible for 16 year olds to leave education or training and take full-time work.  They would, however be able to choose in which setting they wished to receive their education or training. One of the difficulties for the Local Authority was that it still had responsibility for the commissioning of places for 16-18 year olds but did not have any statutory powers.  The Government had recently launched a  ...  view the full minutes text for item 95a

Report DCYP12041

The Portfolio Holder introduced a report outlining the standards of attainment in Bromley schools during the academic year September 2010 to July 2011.  The report drew from the results of teacher assessment undertaken at the end of the reception year and Key Stage 1, National Curriculum tests conducted at the end of Key Stage 2 and GCSE and GCE A Level examinations.  The report also provided a summary of the outcomes of Ofsted inspections of Bromley schools since January 2011, and included the annual report of the Standing Advisory Council for Religious Education.

The Committee had particular concerns about the levels of attainment for Early Years and KS1.  Performance against the National Indicator 72 showed a 4% point improvement on 2010 compared with a 3% improvement nationally.  However, the overall outcomes of the Early Years Foundation Stage for Bromley were 1% below the National Average. Dispositions and Attitudes had declined by 1%, Reading by 2% and Numbers by 3%.  The gap between those who were eligible for Free School Meals (FSM) and Non FSM was 24%, an increase of 2% from 2010. The gap nationally was 20%.  Support for Early Years Foundation Stage had been acknowledged as a priority for 2012/2013

It was noted that across Key Stage 1 teacher assessments, Bromley’s performance remained above the national average.  At Level 2+ for Reading there was an increase of 2% point on the 2010 results, compared with a 3% decrease nationally.  Writing remained the same both at Local Authority level and nationally for three consecutive years and Bromley was 2% above the national average.  Mathematics increased by 1% as did the national average and Bromley remains 1% ahead of the national average.  At Level 3+ there was a 2% increase in reading whilst writing remained the same. Nationally there was no change. In mathematics there was a 2% increase.  Bromley’s figures were above the national figures by between 1 and 2% points. 

At Level 2+ in Reading the gap between those on FSM compared with Non FSM was 16%, an increase of 1%.  Nationally the gap was 15%. In writing the gap was 21% compared with 18% nationally, which represents a 1% increase from 2010. In maths the gap was 13% compared with 9% in 2010. The gap nationally was 11%.

RESOLVED that the Portfolio Holder be recommended to:

1)  Note the annual report on the standards of attainment and quality of provision in Bromley schools; and

2)  Approve the priorities for the Local Authority’s school improvement strategy for the next academic year 2012-2013.

To Follow

The Chairman apologised that his annual report was not ready for consideration.  He assured Members that they would have the opportunity to review it before it went to Full Council. As this would be considered at Full Council on 25^th June 2012, Members of the PDS Committee would have the opportunity to consider it at the next meeting to be held on 12^th June 2012.

RESOLVED that the annual report of the Children and Young People Policy Development and Scrutiny Committee be considered at the next meeting in June 2012. 

Report DCYP12046

The Portfolio Holder introduced a report outlining the final estimated School Funding Settlement for 2012/13, including the Pupil Premium, Minimum Funding Guarantee and the Dedicated Schools Grant.

This report was very similar to the one submitted to the January meeting.  Officers drew Members attention to the changes and in particular the £110k for the Pupil Referral Unit (PRU). Since the pupil census in January 2012, the numbers of pupils in the PRU had continued to increase and the additional funding would allow the PRU to provide extra staffing/resources to support individual pupils. 

Members also noted that the Local Authority had put in place a protocol asking all academies to sign up to a formal agreement which would allow the AWPU funding relating to excluded pupils to be recouped by the Local Authority.  They also noted that all the academies had signed up to using the PRU for excluded pupils.

RESOLVED that the Portfolio Holder be recommended to agree the proposals on the use of the Dedicated Schools Grant.

Report DCYP12047

The Portfolio Holder introduced a report setting out the budget monitoring position based on spending to the end of January 2012.  The Schools’ Budget funded from the Dedicated Schools’ Grant and specific grants, was forecast to spend in line with budget.  The controllable part of the Non-Schools’ Budget, funded from Council Tax, Revenue Support and specific grants was forecast to underspend by £298,000. 

The Chairman raised concerns that 3 schools still not have a deficit recovery plan in place and requested they be named.  The Director explained that it would not be prudent to name them in Part One of the meeting.  In addition she had been in negotiations with the Governing Bodies of the relevant schools and 2 of the 3 were in a position where the production of their recovery plan was imminent.

The Committee was pleased to note the underspend and also that steps were being taken to control the Special Educational Needs budget.

The Chairman requested a brief report on how the £75k National Pathfinder Grant for 2011/12 had been spent.  This would be included in the next budget monitoring report. 

RESOLVED that the Portfolio Holder be recommended to:

1)  Note the success of the action taken to offset the previously reported overspending in Social Care and Children With Disabilities placements;

2)  Note contracts of £50,000 and above that have been exempted from the normal requirement to obtain competitive quotes; and

3)  Recommend the Executive to agree that £75,000 Pathfinder Grant be added to the 2011/12 CYP budget.

Report DCYP12035

The Portfolio Holder introduced a report setting out the proposed 2012-13 Planned Maintenance programme and Suitability programme.  These programmes were funded by 100% Department for Education Capital Maintenance Grant.  Bromley’s allocation for 2012-13 was £2,576,170, and in line with previous years, a budget of £600,000 had been allocated to improve the ‘suitability’ of school buildings.  This was split between the Seed Challenge programme, Security and Suitability improvements.

The Chairman raised concerns in connection with academies.  In response the Director explained that there was a threshold and when the report was written a number of schools were considering academy status but had since changed their minds therefore the data in the report was slightly out of date.

RESOLVED that the Portfolio Holder be recommended to:

1)  Approve the list of schemes to be included in the 2012-13 Planned Maintenance Programme;

2)  Authorise Officers to develop a Suitability and Seed Challenge Programme for 2012-13 for future consideration by the Portfolio Holder; and

3)  Authorise the Director of Children and Young People Services to submit planning applications at the appropriate time in respect of the schemes set out in the report.

Report DCYP12037

The Portfolio Holder introduced a report providing post completion review reports on works carried out at Riverside Beckenham Autistic Centre, Kingswood Pupil Referral Unit and Biggin Hill Primary School.  The Capital Programme Procedures require that a post completion review be carried out within 12 months of the completion of schemes that were included within the programme.

The Chairman was disappointed at the costs associated with Riverside such as the roofing and the fencing and asked why this had not been anticipated.  He was informed that this was because the school had been marked for closure and had stood empty for some time.  There was also a need to open the new school as soon as possible to reduce the costs of pupils going out of borough for ASD provision.  Consequently there had been additional costs.

RESOLVED that the Portfolio Holder be recommended to endorse the findings of the Post Completion Reviews carried out in respect of:

• Refurbishment works carried out to create Riverside Beckenham Autistic Centre;

• Modular building works carried out to improve the quality of facilities at the Kingswood Pupil Referral Unit; and

• Capital works carried out to support the creation of Biggin Hill Primary School following the amalgamation of Biggin Hill Infant and Junior Schools.

Report DCYP12036

The Portfolio Holder introduced a report setting out the proposed 2012-13 Basic Need Programme, which was funded by the Basic Need Capital Grant to support the provision of sufficient school places in publicly funded schools.

On 27^th February 2012, the Portfolio Holder for Children and Young People had agreed an initial list of priority schemes for addressing the estimated increase in the number of reception age pupils from September 2012.  To meet this demand, ‘bulge years’ were planned at existing local schools to provide the required pupil places, which would be delivered through a combination of modular build and internal refurbishment.  In order to address increasing demand for pupils with SEN, work was also being undertaken to develop a new 2 form entry ASD specific secondary provision, including sixth form and respite in the Borough.

RESOLVED that the Portfolio Holder be recommended to:

1)  Approve the list of schemes within the Basic Need Capital Programme;

2)  Approve expenditure on the projects in delivery including feasibility studies at Churchfields Primary School, Chislehurst (St Nicholas) CE Aided Primary School and for the Secondary ASD SEN Invest to Save scheme;

3)  Note the initial allocation to projects in development which will be subject to future reports to Members; and

4)  Authorise the Director of Children and Young People Services to submit planning applications at the appropriate time in respect of the list of schemes.

Report DCYP12039

The Portfolio Holder introduced a report outlining LA Governor Appointments to four schools and academies in the Borough.

RESOLVED that the Portfolio Holder be recommended to approve the following LA Governor appointments, subject to CRB checks:

Blenheim Primary School  Ms Mary Cooke

  (Orpington)

Gray’s Farm Primary School  Mr Sam Webber

  (Chislehurst)

Poverest Primary School  Ms Michelle Booker

  (Orpington)

St Mary Cray Primary School  Reverend Paul Prentice

  (Orpington)

Report DCYP12038

The Portfolio Holder introduced a report outlining the revised Instrument of Government for Marian Vian Primary School.

RESOLVED that the Portfolio Holder be recommended to approve the revised Instrument of Government for Marian Vian Primary School, and that the Instrument be made by the Common Seal of the Council of the London Borough of Bromley.

Report DCYP12033

The Portfolio Holder introduced a report outlining the strategy for alternative future usage of the twelve Children and Family Centres identified for closure in the Borough.  In considering the future options for the use of the Children and Family Centres, consideration was given to all expressions of interest received during the formal consultation which appeared to meet the criteria to prevent clawback of the capital invested.  The key requirement from the perspective of the Local Authority in relation to the future use of these sites has been whether the proposed use meets the general purpose of the original capital grant to provide ‘early childhood services’ to support children aged 0-5 years and their parents or carers, and to prevent capital clawback by the Department for Education (DfE).

The Committee noted that an alternative use for the centre at Elmers End had still not been established. There were no partner agencies interested in the site. Therefore Officers might need to consider a business case for selling it.

With regard to the expected clawback in relation to Princes Plain the committee were advised that initially the DfE had informed the authority that if the facility was sold they would clawback funding.  However the Director reported that the DfE had agreed to defer this clawback.  In addition they had also agreed to defer Widmore, Highway and Mottingham.

The DfE had advised that any future use of the centres had to be to provide “early childhood services” but were vague regarding any detail in the exact type of provision, additionally no deadlines had been provided.

Concerns were raised about the centre at James Dixon and its proximity to the school, as the centre would be used by “troubled” families.  Officers felt that the families using the centre would be the same families who would have children at the school so it could be a benefit.

A Co-opted member praised the Hawes Down Centre describing it as “well equipped and well run”

RESOLVED that the Portfolio Holder be recommended to approve the strategy for alternative future usage of those Centres which have been determined for closure.

Report DCYP12034

The Portfolio Holder introduced a report outlining Bromley’s Local Authority Admissions Policy for 2013/14, and proposing schemes to coordinate admissions to primary and secondary schools for admission in 2013/14.

Officers highlighted one specific change to the admission criteria; the first criterion was Looked After Children, and this was to be expanded to include children who had previously been looked after. 

RESOLVED that the Portfolio Holder be recommended to:

1)  Approve Bromley’s proposed admission policy for 2013/14; and

2)  Approve the proposed schemes to coordinate admissions to primary and secondary schools for admission in 2013/14.

Report DCYP12042

The Portfolio Holder introduced a report outlining the outcomes of a Gateway Review conducted into the ongoing delivery of weekend and holiday short break provision for disabled children and young people that had been delivered via Riverside School, a Bromley maintained special school since April 2010.

The Chairman was pleased to consider such a positive report.  He noted that a number of past pupils now worked at the school on a voluntary basis.

Mr James also praised the report but was concerned that he could not find evidence of qualitative measures such as school outings.  He also highlighted that when a child reached the age of 18 years, they were no longer entitled to short breaks provision.  He felt that whilst they were in full-time education they should still be entitled. The Director explained that transition was something that Officers were aware of and were looking at it within the context of resources. 

In response to a question around leadership at Riverside, Officers explained that there had been a vacancy for a school co-ordinator and another staff member had covered this post, however a schools co-ordinator was now in place.

RESOLVED that the Portfolio Holder be recommended to endorse the proposal to continue to commission the majority of Short Breaks provision from Riverside School via an internal Service Legal Agreement.

The briefing comprises:

• CYP Invest to Save Bids - Update
• Permanent Exclusions from Bromley Secondary Schools

Members and Co-opted Members have been provided with advance copies of the briefing via e-mail.  The briefing is also available on the Council's Website at the following link:

http://cds.bromley.gov.uk/ieListMeetings.aspx?CId=559&Year=2012

Printed copies of the briefing are available upon request by contacting Kerry Nicholls on 020 8313 4602 or by e-mail at kerry.nicholls@bromley.gov.uk.

The Portfolio Holder Briefing comprised two reports:

• CYP Invest to Save Bids – Update
• Permanent Exclusions from Bromley Secondary Schools

With regard to the report outlining CYP Invest to Save Bids, members were pleased to note all the proposed bids.  It was explained that all bids had to be financially viable to receive investment. 

In considering the Permanent Exclusions from Bromley Secondary Schools, Members noted there had been a rise in the number of permanent exclusions.  Officers explained that this was probably due to the academy agenda and had been expected. Schools were still engaging in preventative measures and “at risk” pupils were put on a 12 week programme.

Members also highlighted concerns about Academies engaging with the Fair Access Protocol (FAP).  Officers reported that there had been one or two misunderstandings but all the academies still took part in FAP.

RESOLVED that the Portfolio Holder Briefing be noted.

Report DCYP12040

The Committee considered a report outlining the Government programme, ‘Tackling Troubled Families’ and setting out a timetable for developing a London Borough of Bromley project plan and business case for submission to the Department for Communities and Local Government.

Members noted the categories listed in the report but felt some key indicators were missing.  Officers explained the categories were nationally prescriptive and they had to ensure that the criteria would meet the targets.

Members raised concerns that the project may not be “useful” and asked for a report back in 3 months to establish the usefulness of the project.  It was felt that Bromley was already undertaking this type of work. 

RESOLVED that the report be noted.

Members are requested to bring their copy of the Children and Young People Trust agenda to the Children and Young People Policy Development and Scrutiny Committee meeting.

The Committee noted the Partnership Board agenda.

Report DCYP12045

The Committee considered the forward rolling work programme for the year ahead, based on items scheduled for decision by the Children and Young People Portfolio Holder and items for consideration by the Children and Young People PDS Committee.

During the meeting members asked for a number of additional reports to be considered at the next meeting of the PDS Committee on 12^th June 2012:

• Report on the specific problems of declining literacy in Early Years and KS1.
• Report on an action plan to distribute foundation stage results to Early Years settings.
• Report following a 3 month review of the “Troubled Families” initiative.

RESOLVED that the Children and Young People Forward Rolling Work Programme 2011-12 be noted.

The Chairman to move that the Press and public be excluded during consideration of the items of business listed below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

RESOLVED that the press and public be excluded during consideration of the items of business listed below as it was likely in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present, there would be disclosure to them of exempt information.

RESOLVED that the exempt minutes from the CYP PDS meeting held on 21^st February 2012 be agreed.

To note Part 2 decisions of the Portfolio Holder made since the last meeting of the Committee.

The Committee noted exempt (Part 2) decisions taken by the Portfolio Holder since the last meeting.

The Committee noted the update.

Report DCYP12049

The Committee considered the report and supported the recommendations.