Agenda item

Report ED15094

The Portfolio Holder introduced a report outlining a proposed new Instrument of Government for St Olave’s and St Saviour’s Grammar school.

In April 2015, the Governing Body of St Olave’s & St Saviour’s Grammar school notified the Local Authority that the school wished to secure a new Instrument of Government.  The report seeking the approval of the new Instrument of Government was published on the Bromley Council website on 17^th April 2015 and made available for scrutiny by Members until 24^th April 2015, under the provisions made in the Council’s Constitution to enable certain classes of decisions considered non-contentious to be made outside of the normal decision making process as an ‘independent decision’ where there was agreement with the Portfolio Holder and the relevant PDS Committee.  A number of concerns were raised by Members and a Co-opted Member during the scrutiny period, and as the Local Authority was bound by the rules of Purdah, legal advice was taken at this time and the independent decision was suspended.

Following the appointment of a new Portfolio Holder for Education at Annual Council on 13^th April 2015, the decision was made to re-publish the report on the Bromley Council website on 14^th May 2015, with a further scrutiny period extended to 27^th May 2015.  During this additional scrutiny period, eight Members raised a number of concerns regarding the proposed decision and requested that this matter be referred to the Education PDS Committee before any decision was made, for which there was provision in the Council’s Constitution.  The Portfolio Holder for Education subsequently wrote to the Chair of Governors of St Olave’s & St Saviour’s Grammar school to request that the Governing Body give consideration to amending the draft Instrument of Government in light of the concerns raised by Members, which included a request that the new Instrument of Government include additional representation from Staff and Parent Governors.  The Chairman of Governors responded on 30^th June 2015 to notify the Portfolio Holder for Education that the school was not minded to amend the draft Instrument of Government, which had already been approved by the Diocese of Rochester.

The Legal Representative to the Education PDS Committee advised Members that the draft Instrument of Government complied with all applicable legislative provisions, and that under the School Governance (Constitution) (England) Regulations 2012, the Local Authority was required to make the new Instrument of Government in the form of the draft.  There was provision under the regulations for the Governing Body of St Olave’s and St Saviour’s Grammar school or the Local Authority to review the Instrument of Government at any time after it was made where it was decided that the Instrument of Government should be varied.  The Legal Representative confirmed that St Olave’s and St Saviour’s Grammar school was required to have a new Instrument of Government in place by 1^st September 2015, and following discussion Members generally agreed that the Portfolio Holder for Education be recommended to approve the new Instrument of Government.

RESOLVED that the Portfolio Holder be recommended to:

1)  Approve the new Instrument of Government for St Olave’s & St Saviour’s Grammar School; and,

2)  Instruct that the Instrument be made by the Common Seal of the Council of the London Borough of Bromley.