Agenda and minutes

To hear questions to the Committee received in writing by the Democratic Services Team by 5.00pm on Wednesday 12^th March 2014 and to respond.  Questions must relate to the work of the scrutiny committee.

To hear questions to the Portfolio Holder received in writing by the Democratic Services Team by 5.00pm on Wednesday 12^th March 2014 and to respond.  Questions must relate to the work of the Portfolio.

The Portfolio Holder for Education gave an update to Members on work being undertaken across the Education Portfolio.

The need to create additional primary school places in the Borough had been identified as a priority, and the Local Authority continued to work with the Archdiocese of Southwark around the feasibility of establishing a new Catholic secondary school in the Borough.

The Local Authority had been notified it was to receive a substantial increase in Basic Need Capital Grant from the Department of Education over the next two years to fund capital improvements in schools across the Borough.  A consultation was currently being undertaken on the proposed programme of funding, potentially totalling £42.3m for Bromley, and Members were advised that the grant received by the Local Authority would be shared between Local Authority Maintained schools and academy and free schools.  A consultation exercise would be undertaken with schools to identify where the capital grant could best be spent, and Members and Co-opted Members were requested to nominate schools they felt would benefit from capital funding.

Members were advised that the new funding formula for the Dedicated Schools Grant was also likely to provide an increased level of funding for Bromley schools into the future.  Currently at consultation stage with the Department for Education, the increased level of funding for all schools, including Local Authority Maintained schools and academy and free schools potentially totalled £19.1m for Bromley.

Consideration was being given to how the Phoenix Youth Centre, Hawes Lane and the Phoenix Centre, Masons Hill could work together more closely into the future.  A Co-opted Member requested that any consultation that affected Early Years Provision not be undertaken over the summer period and that Early Years Providers be contacted via e-mail to ensure they received the consultation in good time to respond.

RESOLVED that the Portfolio Holder update be noted.

Report ED14024

The Portfolio Holder for Education introduced a report that outlined the standards achieved in schools across Bromley during the academic year 2012-13, based on an analysis of recently published National Curriculum assessments and GCSE/GCE examination results from Summer 2013. 

The overall percentage of pupils achieving a good level of development across all seven areas of learning at the Early Years Foundation Stage was 61% across all Bromley schools against a national average of 52%, with girls outperforming boys both locally and nationally.  At the Early Years Foundation Stage, 39% of pupils in receipt of free school meals reached a good level of development, against 63% of pupils who did not receive free school meals, which was a gap of 24% against a national gap of 19%.

Across Key Stage 1 teacher assessments, Bromley’s performance remained above the national average at all levels.  At Level 2+, pupils who did not receive free school meals outperformed pupils in receipt of free school meals in all areas, however there was evidence of a slight improvement in the last year with an increase of 15% in reading, 20% in writing and 13% in mathematics for pupils in receipt of free school meals against respective national increases of 12%, 15% and 10%.

Overall Bromley’s Key Stage 2 attainment results were consistently above the national average, but there remained a wide range of achievement across Bromley primary schools.

At Key Stage 4, the percentage of pupils gaining 5+ A*-C grades including English and mathematics who were eligible for free school meals in Bromley had improved at 48% compared with 76% of pupils who did not receive free school meals, which was a gap of 28% compared with a gap of 32% in the previous year and against a gap of 27% nationally.  Although attainment in Bromley schools was generally above the national average, groups of pupils, particular those who were eligible for free school meals, did not make the desired rate of progress, and there were small but significant numbers of schools where sustainable improvement was not yet achieved.  This remained a priority for Bromley schools.

In considering the report, the Chairman was concerned that although the standards achieved in schools across Bromley were generally higher than the national average, there continued to be a gap in attainment for pupils who were eligible for free school meals.  The Chairman requested that more detailed information on the use of Pupil Premium by schools be provided to the next meeting of Education Budget Sub-Committee.

A Co-opted Member noted the gap in attainment for pupils who were eligible for free school meals at the Early Years Foundation Stage.  It was hoped that the increase in free early education funding for two year olds would reduce the gap in attainment, and this should be supported by working to ensure early years provision across the Borough continued to be of the highest standard.  In response to a question from a Member, the Head of Schools and Early Years Commissioning  ...  view the full minutes text for item 66a

Report ED14043

The Portfolio Holder introduced a report that outlined progress being made through the Special Educational Needs and Disability (SEND) Pathfinder Programme in trialling and testing Phase 2 of the reforms, and seeking approval for the release of Government funding held in the 2014/15 central contingency.

The SEND Pathfinder was developed in partnership with London Borough of Bexley to test areas within the Children and Families Bill, published on 5^th February 2013, which aimed to take a more holistic approach to special educational needs and disability for children and young people in England.  The Bromley and Bexley SEND Pathfinder had been asked to test the development and application of Education, Health and Care Plans for children and young people with complex needs from birth to 25 years, as well as areas including development of personal budgets, banded funding and preparing for adulthood (transition). 

In December 2012, the London Boroughs of Bromley and Bexley were notified that further funding of £150k had been granted to take the SEND Pathfinder work forward until September 2014, in line with the timescales for the implementation of the new special educational needs reforms.  During this additional phase of the SEND Pathfinder programme, Education, Health and Care Plans would be scaled up for proposed full implementation for all new children and young people meeting the complex needs threshold in Pathfinder local authorities from 1^st September 2013.  Work would align with the current statutory SEN legislative processes around statements, which would cease to be produced from the 1^st  September 2014 when the Children and Families Act 2014 would be enacted and the Local Offer would come into effect. 

Pathfinder funding of £240,000 had been released to the Local Authority by the Department for Education for Phase 1 (2011/12) and a further £165,000 was released for Phase 2 (2012/13). Conditions of use of the funding included repayment to the Department of Education if the funding provided was not used to deliver statutory responsibilities relating to the Children and Families Act 2014.  It was now requested that the final amount of £381,937 be released from the Council’s central contingency fund.  This was Year 3 funding for the SEND Pathfinder and was likely to be the final year of funding. 

In considering the report, a Member queried if the use of personal budgets was being progressed.  The Head of SEN Services confirmed that work continued on developing personal budgets for education but that clarification was needed from the Department for Education on a number of issues before these could be introduced, such as person management in schools for services purchased through personal budgets.  The final Code of Practice would be published in May 2014, which should provided additional clarity.

Another Member highlighted work being undertaken around transition planning and preparing for adulthood and requested that an update report be provided to the Education PDS Committee in September 2014.

RESOLVED that the Portfolio Holder be recommended to recommend the Council’s Executive to approve the drawdown  ...  view the full minutes text for item 67d

The items comprise:

• Annual Update on Youth Services - 2013
• Update of the 2014/15 Education Portfolio Plan
• Achieving Two Year Olds Capital Allocation March 2014 Update
• Bromley Academy Programme Update

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?XXR=0&Year=2014&CId=559

Report ED14027

The Committee considered a report providing an update on the new school organisation regulations that came into effect on 28^th January 2014, and outlining the impact of these on the delivery of the Local Authority’s programme of school expansions.

The school organisation system provided the legal and policy framework that governed how schools were categorised, the process by which they could make significant changes to their size and characteristics, and the process by which new schools could be opened and Local Authority Maintained schools closed.

Following consultation undertaken during Autumn 2013, the Government announced new arrangements which significantly reduced the bureaucracy required for making changes to school organisation and gave greater freedom to Local Authority Maintained schools to make changes to the size or age range of their school without following a statutory process.  The changes would also assist local authorities by reducing the time required to consult on school expansion.  Local authorities would retain their overarching duty to ensure sufficient high quality school places, along with powers to propose changes to Local Authority Maintained schools where they felt it necessary to meet that duty. 

In considering the report, a Member highlighted the importance of schools consulting with the parents and carers of their pupils and the local community when seeking to make a change to the organisation of their school.  Another Member was also concerned that schools follow the appropriate decision making processes when seeking to make a change to the organisation or their school.  The Chairman requested that a guidance note outlining the new processes be provided to Members of the Education PDS Committee following the meeting.

RESOLVED that:

1)  The changes in arrangements with regard to consultation for changes to the organisation of schools be noted;

2)  The changes in arrangements under which schools could decide to expand without the need for statutory consultation as long as certain requirements were met be noted; and,

3)  The implications the changes to the system of school organisation would have on the delivery of the school expansion programme be noted.

Report ED14025

The Committee considered a report setting out the issues, context and implications of policy regarding the admission of summer-born children to primary school.

Under current admissions arrangements, local authorities must make provision for admitting all children in the September following their fourth birthday, although parents could defer entry until the term in which a child reached compulsory school age (five years).  The Admissions Code detailed the statutory guidelines with regard to the admission of children below compulsory school age, deferred entry to school, and admission outside of a child’s age group, which was permissible in exceptional circumstances, such as where a child had missed part of a year due to ill health.  The Department for Education had published non-statutory advice on the admission of summer-born children in July 2013 that set out three key principles.  These comprised that school admissions authorities were required to provide for the admission of all children in the September following their fourth birthday but that flexibilities existed for children whose parents did not feel were ready to begin school, that school admissions authorities were responsible for making the decision on which year group a child should be admitted to but should make this decision based on the circumstances of the case, and that there was no statutory barrier to children being admitted outside their normal year group.

In Bromley, deferred entry to Reception was currently only considered on exceptional grounds and where supported by professional evidence.  The decision on deferral was made on a case-by-case basis by each admission authority.  Own admission authorities, such as academy schools, were advised to consult with the Local Authority to ensure that there was fairness in decision making across the Borough.  Although the law did not specifically prescribe the year to which a child must be admitted, there was an expectation that children would be educated within their chronological age group.  It was uncommon for children in Bromley to be educated outside their age cohort except in exceptional circumstances, such as ill health or a child having a statement of Special Educational Needs which determined deferral necessary to meet their individual learning needs.  The Early Years curriculum was designed to meet the needs of all children across the age cohort, and schools and early years providers were equally expected to adhere to the required standards.

In considering the report, a Co-opted Member was concerned that parents of summer-born children did not appear to have a choice in when their child started school, with many parents feeling pressured for their child to start Reception in the September after their fourth birthday.  The Interim Assistant Director: Education confirmed that it was possible for parents to defer their child’s place and begin Reception later in the year.  A Member noted that parents were not seeking to defer their child’s start date to Reception, but to be free to apply for their child to join Reception in the September after their fifth birthday and benefit from a full year in Reception.  ...  view the full minutes text for item 70.

Report ED14033

The Committee considered a report providing details of the outcomes and recommendations of the School Governance Working Group, which was reconvened by the Education PDS committee at its meeting on 30^th January 2014 and had met on 27^th February and 11^th March 2014 to consider how the role of Local Authority Governors might be developed.

Following consideration, the School Governance Working Group had developed a number of proposals to support the role of the Local Authority Governor into the future, including recruitment, selection and training process for Local Authority Governors, the development of best practice and work to promote the benefits of Local Authority Governors to academy schools.

In considering the report, the Chairman confirmed that it was proposed that a pool of high quality candidates be developed to allow Local Authority Governors to be matched with schools seeking a particular skill set.  It was also hoped that this would help build the prestige of the important role of Local Authority Governors.

A Member underlined the value that Local Authority Governors, or other Governors that had strong links to the Local Authority, such as Members, added to Governing Bodies, and noted that Members should be encouraged to become Local Authority Governors where appropriate.  The Chairman advised Members that Local Authority Officers had also been encouraged to apply to become Local Authority Governors.

The Vice-Chairman requested that an update be provided to the Education PDS Committee on implementing the recommendations of the School Governance Working Group in November 2014.

RESOLVED that the recommendations of the School Governance Working Group be endorsed, and that a further report on progress to implement the recommendations be provided to the meeting of Education PDS Committee on 5^th November 2014.

Report ED14021

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

The Chairman requested that a report providing an update on Free School Meals at Key Stage 1 be considered at the next meeting of the Education PDS Committee to be held on 2^nd July 2014.

Members also requested that a report on transition planning and preparing for adulthood be reported to the Education PDS Committee at its meeting on 30^th September 2014, that a report providing an update on implementing the recommendations of the School Governance Working Group be reported to the Education PDS Committee at its meeting on 5^th November 2014, and that a report providing an update on the development of the Pupil Referral Unit provision at Grovelands and the broader issue of education provision for pupils with social, emotional or behavioural difficulties be reported to the meeting of Education PDS Committee on 27^th January 2015.

RESOLVED that the amended Education Programme 2013/14 be noted.

Report ED14023

The Committee considered a report outlining developments within the Behaviour Service and Bromley Pupil Referral Unit.

In September 2013, an Interim Executive Board was established to replace the management committee of the Bromley Pupil Referral Unit, after a number of concerns were identified following a review of the provision.  In December 2013, the Secretary of State for Education granted an academy order for the Bromley Pupil Referral Unit to become an alternative provision academy under the sponsorship of Bromley College of Further and Higher Education.  Due diligence processes were now underway, and it was expected that the Bromley Alternative Provision Academy would open in September 2014. 

The Respite Service offered a preventative function that worked with young people identified as having difficulty in managing their behaviour within mainstream school, and was judged by schools that commissioned places as being an effective service.  The Behaviour Service offered a range of services comprising the Home and Hospital Tuition Service, which was included in the bundle of services currently being market tested, the Primary Behaviour Service and a management and administrative function.  It was proposed to assimilate the Respite and Behaviour Services into the Bromley Alternative Provision Academy, which would become a hub for behaviour support services in Bromley to better support the full continuum of behaviour needs at an earlier stage and support more young people to remain in a mainstream setting.  These proposals would affect a number of Local Authority staff and a consultation was currently being undertaken which would close on 11^th April 2014. 

In considering the report, the Chairman requested that a copy of the consultation document be provided to all Members of the Education PDS Committee.

In response to a question from a Member, the Interim Assistant Director: Education confirmed that it would be the responsibility of the Bromley Alternative Provision Academy to decide how behaviour services provision could best be delivered across the Borough in the future, which could include use of other Bromley College of Further and Higher Education sites and provision to ensure pupils were offered a personalised curriculum.  The means by which schools could refer pupils to the provision was currently being developed by Bromley College in partnership with the Local Authority and Fair Access Panel to ensure the right process was in place.

In response to a question from a Co-opted Member, the Interim Assistant Director: Education confirmed that Bromley College was working closely in partnership with the Local Authority around how the primary element of the Alternative Provision Academy should be delivered, and that consideration was being given as to how to pupils could best be supported back into mainstream education where appropriate.  Bromley College of Further and Higher Education was also working to expand its alternative provision offer for 14-16 year olds to ensure a wide range of opportunities were available to students with a range of needs.

Members were advised that there would be cost implications for recharges of approximately £133k to the Local Authority, should the  ...  view the full minutes text for item 74.

RESOLVED that the exempt minutes of the Education PDS Committee meeting held on 30^th January 2014 be agreed.