STATUTORY PROPOSAL FOR THE ACQUISITION OF A FOUNDATION (TRUST) FOR SWAVESEY VILLAGE COLLEGE (COMMUNITY SCHOOL).
1. Introductory information
1.1 These Proposals are given in accordance with section 19 (3) of the Education and Inspections Act 2006 that Swavesey Village College intends to make a prescribed alteration to Swavesey Village College, Gibraltar Lane, Swavesey, Cambridge, CB24 5RS.
1.2 The proposed alteration is to change category from a community school to a foundation school and to acquire a foundation. Proposed alterations meet the requirements as set out under section 23a of the School Standards and Framework Act 1998.
How to make a representation
1.3 These proposals will be published on 29th February 2008. Copies of these proposals can be obtained from reception at Swavesey Village College and electronically from the clerk to the Governors, [email protected] Within 20 working days from the date of publication of these proposals (i.e. until Monday 14th April 2008), any person may make representations on the proposals and send them to the Governing Body, Swavesey Village College, Gibraltar Road, Swavesey, Cambridge, CB24 4RS or to the Clerk to the Governors at [email protected] . Please mark envelopes and correspondence ‘Statutory Proposals for Trust Status’.
1.4 Following publication of the statutory notice and the 20 working day period for representation, Governors will consider whether to approve the acquisition of the Trust. If this change is approved, the planned implementation date for the acquisition of the Trust is 1st May 2008 or soon thereafter.
Consultation
1.5 Consultation on these proposals was carried out over a four week period from 26th November 2007 to 17th December 2007.
1.6 All applicable statutory requirements in relation to the proposals to consult at all stages were complied with. See Appendix 3, List of Consultees.
1.7 From the consultation documents issued, there were 15 returns. Of these returns 13 were in favour of the proposals and of the proposed Trust., 1 required more information, and 1 was opposed. In addition to the consultation document, two meetings were held: one for staff on 15th November and one for parents and the local community on 29th November. See Appendix 1, minutes of the public meeting.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 1 1.8 The Full Governing Body of Swavesey Village College considered the responses from the consultation on 10th January 2008 at a meeting at Swavesey Village College. After taking into account the results of the consultation, the Governors unanimously decided to proceed to publication of the Statutory Proposals on the basis of the consultation document. The Governors have responded to individuals where there was a request for further information. Copies of the Minutes of the Governing Body meeting on 10th January (Appendix 2) and copies of the analysis of the Initial Consultation responses (Appendix 3).
2.0 The Swavesey Village College Educational Trust
2.1 The name of the foundation (Trust) to be acquired by the Governing Body is the Swavesey Village College Educational Trust. The Object of the Trust is to advance the education of the pupils at Swavesey Village College, or at any other school in respect of which the Trust acts as a foundation, it being acknowledged that in carrying out the Object the Trust must have regard to its obligation to promote community cohesion under the Education Acts.
2.2 In doing so the Trust will maintain commitment at all times to:
deliver and promote high quality and dynamic educational provision at the heart of the community;
the deliver of the following outcomes :
Successful Learners who enjoy learning, make progress and achieve; Confident Individuals who are able to live safe, healthy and fulfilling lives; Responsible Citizens who make a positive contribution to the communities in which they live;
promote of community cohesion; and
equality of access and opportunity for all.
These outcomes will be created :
2.3 for young people by:
An ethos and environment that values every individual and promotes inclusion; High quality teaching and learning alongside an entitlement to wide ranging educational, cultural and community opportunities; A dynamic and flexible curriculum that delivers educational achievement for every student;
2.4 for the community by:
A commitment to life long learning (pre-school, 4-19 and adult learning); A seamless and integrated approach to extended services provision; Sustainable community services provision that promotes community cohesion. Robust and innovative educational, community and business partnerships;
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 2 2.5 Membership of the Swavesey Village College Education Trust includes:
Swavesey Village College Cambridgeshire County Council Eastern Leadership Centre The Primary Cluster of 8 Partner Primary Schools The University of Cambridge Business Partner
2.7 The Trust will work in partnership to contribute to the advancement of non- selective education at Swavesey Village College. The members of the Trust share a commitment to the Trust’s Objects (2.1 -2.4) and, through working together, will contribute energy and expertise to the advancement of the Trust’s Objects.
Our Trust partners will be entering a long-lasting, sustainable and stable relationship with the school. This new type of relationship will enable us all to plan developments over the long term and will ensure continuity of direction when key staff and governors leave the school.
Examples of how each of the Trust Partners will contribute to the Trust are set out in the table below:
Proposed Trust Contribution to the Trust Members The University of The University of Cambridge is committed to bringing the Cambridge following kinds of expertise and activities to the Trust:
(1 Trustee. The Commitment to, and experience of, providing University Council has excellence in teaching, learning and research nominated Shirley Awareness of the needs of the academic curriculum Jamieson) Advice and input on curriculum development and priorities Expertise for a different education sector in terms of resources management. Ideas and experiences of commercial involvement and engagement to promote enterprise.
Primary Schools Building upon existing partnership working, the Trust will draw upon the expertise in the primary sector to deliver (Nominating 1 Trustee) consistent and seamless progression through both the primary and secondary phases. Expertise in early and primary curriculum Excellent practice in teaching and learning Commitment to develop mutual cross-phase working A model of transition and progression preparing children in their move to secondary school. Shared commitment to seamless support for E.C.M. and families through effective locality working. Representatives of the communities served by the Trust As the statutory organisation responsible for education, D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 3 Cambridgeshire County CCC could provide: Council Commitment to and responsibility for promoting high (Nominating 1 trustee) quality education and integrated service provision Expertise in standards and effectiveness to support school improvement and transformation. Expertise in all phases of education – pre-school through to adult provision. Commitment to the extended schools programme, and through that programme, to raising aspirations and standards in the community as a whole. Commitment to developing best practice to raise achievement and promote school improvement through the Trust. Expertise to guide and support the Trust’s commitment to inclusion and providing integrated provision for children and families – pre-school to 19. Eastern Leadership The College has developed close working relationships Centre (Charitable Trust with E.L.C. through school improvement, staff committed to leadership development and student leadership projects. and innovation in Expertise as a national provider of staff professional education) development and training courses; (Nominating 1 Trustee) Commitment to developing leadership opportunities within education for both staff and students; Access to a network of experienced professionals with a track record of school achievement; Commitment to supporting and promoting innovation in education; International education links and research focused on school improvement and models of education; Business partner As a Specialist College and through Governance, the (Nominating 1 Trustee) College has seen the benefit of the energy and expertise that business partners can contribute to raising standards and school improvement:
Commitment to innovation and excellence Awareness of the needs of the commercial sector eg skills, knowledge, experience required in industry Action planning and project management skills Positive non-educational challenge to organisational practices Barometer for academic and vocational developments Specialised expertise on business and organisational management eg personnel, public relations, finance, ICT Awareness of national and international dimensions
2.8 The Governing Body have invited Nokia Siemens Networking – with their local office in Huntingdon – to become our business partner representative.
During the initial consultation phase, the Governing Body invited the Eastern Leadership Centre to become an education partner, bringing their expertise in school leadership and research.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 4 The Governing Body remain in discussion with other potential Trust members, including Further Education representation, who might become members at some future time to support and inform the delivery of aspects of the Trust’s aspirations.
2.9 The Trust will impact on the diversity of schooling at Swavesey Village College by strengthening partnerships that provide the expertise to deliver the Trust’s Objects - to the benefit of the pupils and the community the school serves.
2.10 The Trust will meet a minimum of three times a year (alongside school governance as required). The trustees (Directors) will be nominated by the Trust member organisations (as set out at 2.5 above) and checked by the Governing Body to ensure that they comply with DCSF legislation. This screening process will include a CRB check. The Chair of the Trust will be elected from the Trustees. The Trust may employ officers to work on behalf of the Trust and take day to day control in outworking Trust business.
2.11 The Swavesey Village College Educational Trust will be a charitable, not for profit Trust, meeting the legal and other requirements relating to Trusts as set out by the Department for Children, Schools and Families (DCSF). The Trust will be created as a company limited by guarantee and registered by Companies House. As soon as possible, it will also be registered with the Charity Commission (Trusts like this one will only be able to register from late 2008 or 2009). The Charity Commission will regulate its activities (as with all charities).
2.12 The individuals acting as Trustees will not be able to derive any income from the Trust, but the Trust may become an employer in order to achieve the delivery of its objectives by providing services and/or commissioning services to Swavesey Village College. Any income generated by the Trust must only be used to support its charitable aims.
2.13 The Swavesey Village College Educational Trust does not already act as a foundation for any foundation or voluntary schools.
2.14 The Trust will be entitled to appoint a minority of governors to the newly constituted governing body. The size of the governing body will be 20 governors (as at present), with 7 elected parents (as at present), 4 Trust appointed governors, 5 Community Governors, 3 Staff governors (as at present), and 1 Local Authority Governor. (Appendix 4)
2.15 The Governing Body will remain legally responsible for all aspects of the conduct of the school, with a view to promoting high standards of educational achievement. The Governing Body will have day-to-day control of the buildings and land. It will employ all the staff and will be responsible for pupil admissions.
2.16 No person shall hold the positions of Chair of the Trust and Chair of the Full Governing Body simultaneously.
N.B. Trustees = Directors; Foundation Governor = Trust Governor
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 5 Appendices
1. Minutes of the Parent Meeting
2. Minutes of the Extraordinary Full Governing Body meeting
3. Summary of the Initial Consultation responses.
4. Trust Board and Governing Body relationship.
5. Trust Status – further F.A.Q.s.
6. Results summary.
7. Achievements summary.
8. Summary of Ofsted Report October 2006
9. Impact of the Trust upon standards
10. Swavesey Village College’s Admissions Criteria
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 6 Appendix 1 : Minutes form the Parent Meeting on 29th November 2007
Trust Status – Parental consultation Meeting 29th November 2007 7:00pm
Present: Governors (A. Hardy, M. Fox, H. Rhodes. D. Ruddy, M. Squires, L. Turton, J.D. Yule) and 14 parents Apologies: J. Ottley
Questions:
Q. Are there any down sides or risks associated Foundation status with Trust status A. In some schools, there would be potentially more demands on members of the Governing Body; a lot will depend on the capability of the Governing Body and school staff. SVC Governors and Management already looks after its own affairs including finance, staffing and premises. The College is a large business with 160 staff and a budget of £4.5m. Additionally the college remains within the maintained sector, accountable to the L.A.
Q. Will it cost more? A. The College already has senior administrative staff, including a Business Manager and Premises Manager; the only aspect that will add work will be management of admissions, but this is not onerous and there will be extra external funding to cover this.
Q. How will the school ensure that it stays accountable to the wider community? A. At present there is no written or legal commitment to the wider community. However as we move into the second phase of consultation the formal documentation will evidence the clear commitment to the wider community. On standards and achievement, the relationship with the LA will remain : if for any reason it was felt by the Local Authority that the school was performing improperly the Local Authority has power to intervene. At present the Local Authority Governor posts are increasingly difficult to fill and there is only one member under this category who is a Councillor – the remainder are members of the local community with a long association with the College proposed to the Local Authority by the Governors. Within the proposal for trust status it will determine that a minority of governors of the school will be Trust Governors: – Local Authority 1 Staff 3 Community 5 Trust 4 Parent 7
Q. Will Governors have received all the community responses before making a decision? A. Yes – there is adequate time for all to respond before a final decision is taken.
Q. Will the school be exposed to increased liability under employment or health and safety legislation? A. The school currently employs employment consultants, premises consultants and has the support of the local authority health and safety advisors. It would currently be liable for any awards under employment legislation and this would not change. The same would apply for premises and health and safety legislation, although this may be mitigated by the use of external consultants to support the school and reduce any potential liability.
Q. Are the Local Authority supportive of the move to Trust? A. Yes and, in Swavesey’s case, would have representation on the Trust.
Q. What are the criteria for selection of any industry partner to join the trust? D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 7 A. The school already has very supportive governors and specialist status partners from business and will build on one of these links in identifying an appropriate partner.
Q. Are any curriculum changes planned? A. There are no changes planned as a result of Trust Status, the school has made many changes in recent years to try and ensure that every child coming to the school has the opportunity to achieve. The commitment to continuing to develop the College’s personalised curriculum will be articulated in the Trust’s Objects.
Q. Could the school count on the support of the Local Authority in the event of an emergency, e.g.: fire? A. Yes – since the change of status for some schools from Grant Maintained to Foundation, there has been a much closer relationship between the Local Authority and Foundation schools.
Q. Parkside and Coleridge have a trust and have formed a federation, has SVC any similar plans for the future e.g.: Northstowe? A. The school would of course want to consider the options, but the decision to consider Foundation Status was made four years ago, before Northstowe was being discussed in any detail. However the move to Trust Status would support the school in moving forward with any proposals of that nature. Parkside has had a Trust for two years and this has broadened their accountability significantly.
No more questions were put forward.
M. Fox asked that if anyone had any questions that they could email or telephone the school or himself – details were provided on the presentation. He thanked all those present for their attendance and support of the school. (Meeting closed 8:05pm)
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 8 Appendix 2 :
Minutes of the Extraordinary Full Governing Body Meeting Held on 10th January 2008 Started 19:40 MF Mike Fox, MJB Martin Bacon, LT Lynn Tranter, MB Michael Bienias, DR Actions David Ruddy, AH Alan Hardy, JO Jennifer Ottley, LTu Lesley Turton, HW Helen Webb, MJ Mark Johnson, HR Harriet Rhodes, John Yule JY(till 20:10) 1. Apologies – Mark Squires MS, Alan Hardy, Liz Pritchard 2. MF advised that purpose of this extraordinary meeting was to cover two items ; 1. To discuss the outcome of 1st phase of consultation with regard to the college becoming a Foundation Trust. 2. To agree the next steps and discuss the draft statutory proposal as circulated previously by MJB
Draft Statutory Proposal for acquisition of Foundation Trust. 1. Appendix 4 p11, of Draft Statutory Proposal outlines the initial responses to the 1st phase of consultation. The majority supported the proposal. There was one objection, which was felt to be due to a misunderstanding. MJB will respond to and clarify the issues; one parent requested more information which has been provided. The major points of query were around concerns about changes to the school’s intake policy. It has been reiterated to all concerned that the College will remain non selective. In summary: there were no major objections to the College’s proposal for Foundation status within a Trust, but rather a broad support in favour of what we have proposed. In response to questions, governors recognised that it is important to clarify that the Trust will be non- selective and have a commitment to the Community.
2 The next step now is to produce a Draft Statutory Proposal. A County Council solicitor came to the last Review Committee and brought positive advice and suggestions. Based on her advice MJB has produced the Draft as circulated to governors prior to the meeting. MF asked the meeting for any issues from this circulated document.
2.1- 2.4 This section is effectively a vision statement of what the Trust will aim to deliver - in essence the central aspect of document. We need to ensure that this clearly covers the vision and ethos of the college. JY questioned use of ‘dynamic’ requiring clarification of its use here. MJB indicated that its use here was to show a commitment to innovation, excitement, to moving things forward, and a commitment to question and self evaluate. It also implies something that can adapt in response to changing needs, and not be too inflexible. HR questioned the order of items in 2.4 MJB felt they were in a progressive order .. underpinned by the last partnership. 2.5 MB requested that the correct term of ‘University of Cambridge’ to be used rather than ‘Cambridge University’. This section identifies a list of those organisations we would seek as
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 9 partners in the Trust. When these partners are finalised they will each nominate a named representative. MJ asked if these named individuals left who would find replacement – MJB indicated that it would be the responsibility of each partner to nominate a replacement Trustee. MJ asked what would happen if the ethos of any partner changed and in future didn’t fall in line with Trust. It was explained that partners are there to support the objects of the Trust. Each nominee would serve for a 4 year cycle and agree to be supportive of the Trust. The Trust Board and the Governing Body act as a check and balance, so for example, the Chair of the Trust cannot also be Chair of Governors at the same time, as there would be a potential conflict of interests. MJ asked how the Primary cluster nominees would be decided. MJB MJB has a meeting set with Primary Heads and this nominee would be decided by the Primary Schools. DR asked how we were going to get Primaries involved in partners – MJB said we need to look at Parkside, an established Trust. We need to ensure that we don’t exclude some Primary Schools in preference to others. Again we need to ensure that they are supporting the needs of the Trust. 2.6-2.7 The italics in this Table give illustrative examples of what we would be looking for from each of the partners. These sections are trying to articulate what each partner is going to offer and will form basis of discussion and agreement before each partner agrees to join the Trust. MB questioned the choice of partners. MF said that the choice of partners would provide an added value that we wouldn’t have otherwise, drawing on their expertise, and would also add credibility to the Trust. We already draw on the expertise of University of Cambridge with Shirley Jamieson, who has already assisted in summer schools and other Specialist status matters. HR asked if there were any financial incentives, and MJB indicated that this was not an expectation, and it was different from a part privately funded Academy. 2.8– 2.13 MF indicated that these sections touched on the different aspect of how the roles within the Trust would evolve. Ltu highlighted a grammatical error p8.
MJB will make the amendments identified and review the date of 28th Jan as in section 1.3
MF asked that assuming the discussed amendments were agreed and the dates clarified he would like to propose that we proceed with publishing the Statutory Proposal. DR seconded. There was a unanimous vote in favour of the proposal.
3. AOB. Northstowe latest.
On 29th Jan there is a Local Authority Policy Development Group meeting that will consider responses to the recent consultation concerning the
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 10 specification for education in Northstowe– this advisory group is mainly made up of elected members of the County Council.
MJB & MF have a meeting with CVC & IVC on 14th January.
4. Date of Next Meeting: 11th March MF/HF
5. The meeting closed at 21:10 H Frampton: Clerk To Governors
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 11 Appendix 3 : Responses to the initial consultation period.
The initial consultation included :
Parents – via Parentmail or post (as appropriate)
Heads and Chairs of Primary Schools in the Swavesey Patch
Heads at local secondary schools and Post -16 Colleges
Teaching and other relevant Unions
Local parish, district and county councils representatives.
Chief Executive, South Cambs District Council
Acting Chief Executive, Cambridge County Council
Diocese of Ely
Local Member of Parliament
15 responses were received to the initial consultation; of these, 13 were in favour, 1 requested further information, 1 opposed the proposals.
Only the first response below opposed the proposals. However, some of the other responses raised questions for clarification. The responses to these enquiries have also been recorded.
The next stage of the consultation (the Statutory Proposal) will include more details relating to the proposed changes.
‘Bar Hill Parish Council feels this (Trust Status) should not occur as we have concerns about the Admissions Policy and if having trust status changed the policy ; this could stop students from attending the college that live in Bar Hill.’
The Governors categorically reassure you that they have no intention of changing the admissions criteria for the College and would not have the authority to change the catchment boundary in the way that you have suggested. Swavesey Village College is now oversubscribed as a school and the Governors are keen to take over the administration of admissions in order to preserve the quality of education of the existing communities served by the College. At present it is the local authority, rather than Swavesey Village College, who allocate places to those who apply to Swavesey from inside and outside of our agreed catchment. Last year 7 students were admitted into Swavesey over the standard admission number from outside of catchment which potentially has an impact on the standard of education on offer to the remaining students.
The Governors gave this assurance with regards to the admissions in the supplementary information alluded to in our consultation letter – on the Swavesey website : www.swaveseyvc.co.uk :
‘The Governing Body becomes the Admissions authority, so:- The SVC admissions authority will determine appeals for places D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 12 Our admission policy must follow Code of Practice We have no current plans to change admission criteria’ This does not allude to the catchment specifically because this would remain a Local Authority decision.
‘Having lived in an area of selective education, I think that it is extremely important in maintaining a open admissions system and also guaranteeing that position in years to come.’
The Governors are committed to non-selective education and this will be specifically guaranteed within the Trust’s Objects. As a Foundation School, the Governors would be responsible for the Admissions Criteria but this would have to be consistent with the Objects of the Trust. In relation to the Admissions Criteria itself, the Governing body have very limited scope as outlined in the extracts form the consultation documentation below. The key benefit for the College, as admissions authority, is that it is responsible for the organising the Appeals Committee at a time when the College is oversubscribed. At present the Local Authority determine whether the College goes over its standard admission number rather than ourselves – in 2007 this led to 7 additional places being offered to students outside our catchment area.
Extract from the presentation to parents :
‘The Governing Body becomes the Admissions authority, so:- The SVC admissions authority will determine appeals for places Our admission policy must follow Code of Practice We have no current plans to change admission criteria’ and from the FAQ :
‘Admissions • The greater control means that the school has the opportunity to determine its own admission policy and arrange its own admission appeal panel • In any co-ordinated admission process the school must be kept fully informed and agree changes to the ranked order of admissions and waiting list movements if that is an LA responsibility in the co-ordinated scheme • In the admission appeal process it is a school representative who presents the school’s case and can do this more effectively than an LA person • The school, as an admissions authority, is still bound by The Code of Practice for Admissions and the Admissions Appeal Code of Practice.’
‘How will changing to Trust Status benefit children with Special Education Needs?’
The Governing Body are presently formalising the Trust’s Objects and are committed to ensuring that this guarantees the College’s present commitment to seeking to provide the best possible support and opportunities for every student. Over the past four years the College has driven forward curriculum and structural changes that provide better access to achievement for every student. The College’s restructuring of teams two years ago – leading to the House system with vertical tutor groups – was underpinned by the principle To value, know and support every student personally, thereby raising self-esteem and achievement This principle has also driven forward the restructuring of the Curriculum Support Team and will continue to underpin school improvement planning.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 13 We are in consultation with existing partners, like the Local Authority and Cambridge Regional College, to ensure that there is the necessary expertise on the Trust to ensure that the needs of students of all abilities and talents are challenged and served.
‘The Parish Council does strongly feel that the College is a Community College and the community aspects must be continued and enhanced as the College develops. The Community must continue to be represented on the Governing Body and the Parish Council would not like to see any reduction in the number of Community Governor positions available on the Governing Body.’
The Trust ‘Objects’ will guarantee that Swavesey Village College, irrespective of changes to Governance or College leadership, is committed to the principles of community education. The draft ‘Objects’ emphasize the role of the College at the ‘heart of the community’ and strengthens its community dimension.
The Trust will be entitled to appoint a minority of governors to the newly constituted governing body. The size of the Governing Body will be 20 Governors (as at present), with 7 elected parents (as at present), 4 Trust appointed governors, 5 Community Governors (as at present), 3 Staff governors (as at present), and 1 Local Authority Governor. The experience of other Trusts is that the Trust appointed Governors are often individuals who have a particular expertise to bring to the Governing Body or are longstanding supporters of the College who might not otherwise be able to continue to serve the College.
At present the Governors are nominating candidates for the Local Authority Governor positions because of a lack of individuals coming forward. Those chosen by Governors tend to be individuals whose period on the Governing Body is coming to an end but whose service and expertise is valued.
‘How will the change in status affect teaching staff?’
The Governors becoming the employer will mean that:-
• Conditions of service and personnel arrangements remain unchanged : – TUPE arrangements apply for all staff. – Teachers remain subject to the School Teachers’ Pay and Conditions Document – Educational Personnel Management (E.P.M.), not the LA, provide personnel support for school and staff – SVC manages payroll itself – Your pension rights and continuity of service record will be preserved.
As a teaching member of staff there will be no change to your contractual position and rights in the College. As mentioned above, the College already takes advice and support from a private company (E.P.M.) rather than from the Local Authority; they manage all contractual matters and Swavesey already manages its own payroll.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 14 Appendix 4 : Trust Board and Governing Body relationships
Swavesey Village College (3 Trustees) Chair of Governors Trust partners appoint Trustee(s) to sit on Principal The University of the Trust Board. The Board will meet Cambridgeshire Parent Governor Cambridge County Council three times a year. (1 Trustee) Eastern Leadership (1 Trustee) Business Centre (1 Trustee) The Trust holds the land in trust for the (1 Trustee) purposes of the charitable ‘Objects’. It has no influence over the day to day Primary School Swavesey Village College governance of the College. (1 Trustee) Trust The roles of Chair of the Governing Body and the Chair of the Trust can never be held by the same person simultaneously
Trust appoints four ‘Trust Governors’ The Trust Board appoints 4 ‘Trust Governors’ who may be members of the Trust Board but do not have to be.
Swavesey Village College Governing Body The Governing Body remains responsible for all aspects of Governance, including (20 Governors) the employment of staff, admissions Trust L.A. Parents Staff Community arrangements, standards and (4) (1) (7) (3) (5) achievement.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 15 Appendix 5 : Trust School status - further FAQs (see Initial Consultation supporting documents for previous FAQs)
When a Trust exists This outlines the relationship that exists between the Trust and the Governing Body. Trust liability This summary of the liabilities of a charity trustee is closely based on material from the National Council for Voluntary Organisations (NCVO). It also explains what this means in the context of Trust schools and confirms that members’ financial liability is limited in the event that the Trust becomes insolvent or is wound up. Running a Trust This provides practical information for Trust partners about their ongoing role in supporting the school. The Trust’s key functions are to appoint governors and to hold land and assets on trust for the school(s). It has other duties, including promoting equality and the administration of the Trust itself.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 16 When a Trust exists
1. What if something goes wrong? Acquiring a Trust is intended to be a permanent relationship. But there will be a process to remove the Trust if the school fails, or if there is real dissatisfaction at the Trust’s performance. The school would become a foundation school, and publicly-funded land and assets held by the Trust would automatically transfer to the school’s governing body.
The Charity Commission will be able to intervene if there are problems with the conduct or management of a Trust.
2. Can other schools join an existing Trust (making it a shared Trust)? Yes, so long as they do not already have a foundation/Trust. The governing body of the school will need to follow the same statutory process and publish proposals to acquire the Trust for that school. Where a school already has a foundation, there are a number of different models of collaboration between that school and schools in a shared Trust.
3. Can a school be removed from a shared Trust by the other schools in that Trust? No.
4. Does the governing body have to be reconfigured if Trust membership changes? When a school determines proposals in favour of acquiring a Trust, it will have to draw up a new instrument of government in accordance with the published proposals and send this to the local authority, which will formally ‘make’ it. [See the section on Trust School Governing Bodies in Stage 5 of this Toolkit: Implementation].
A subsequent change in the trustees should not necessarily mean a change in the number of foundation governors appointed by the Trust and so there needn’t necessarily be a reconfiguration of the governing body. Governors are appointed for a term of office and will complete this term of office once appointed, unless either (a) they resign or (b) if the Trust (rather than individual trustees) votes to replace them. Therefore, a change in the trustees may ultimately lead to a change in the identity of the foundation governors, though a reconstitution of the governing body would not be necessary. A change in the membership of the Trust should have no immediate impact on the governing body, but might eventually lead to the appointment of new trustees.
The governing body and local authority can review the instrument of government at any time, and provided they have the agreement of the foundation governors and the Trust itself, they can make changes to the instrument of government. However, if a minority of governors are appointed by the Trust and the governing body wished to acquire an instrument of government that allowed for the Trust to appoint a majority, it would have to follow the statutory process and publish proposals.
5. Can the Trust change its objectives without reference to the governing body? Possibly – it will depend on the Trust’s Memorandum and Articles of Association. However, the objectives must by law always include “the advancement of the education of the pupils at the school or schools for which it acts as a foundation”.
6. How many people can each Trustee appoint to the governing body, especially when a Trust consists of four or five partners? Can they all appoint a member to the GB? Trustees do not each appoint governors – the Trust (as a single entity) will appoint an agreed number of governors depending on the instrument of government of the school. The voting rights
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 17 of individual trustees on such matters will be determined by the Trust’s Memorandum and Articles of Association.
There are restrictions on the number of each category of governor and the maximum size of the governing body [see the tables in the section on Trust School Governing Bodies in Stage 5 of this Toolkit: Implementation].
7. Can the Trust add new members after the governing body has approved the Trust acquisition? What safeguards are there? When a Trust is established the formal proposals to acquire a Trust must give details of who the members will be and how the Trustees will be appointed.
Once a Trust has been established new individuals or organisations may apply to be members. When agreeing the Memorandum and Articles for the Trust you are advised to take your own legal advice to ensure that the Memorandum and Articles meet your requirements and you should consider the safeguards you would like to keep. However, the model Memorandum and Articles of Association produced by the Department include the following safeguards in relation to the addition of new members and these are recommended as good practice.
Firstly, new members must be approved by either the existing Directors of the Trust (the Trustees) or by the existing members of the Trust as set out in the Memorandum and Articles – in either case it requires a majority to vote in favour. The Directors or Members would have to satisfy themselves that the proposed new Member was interested in promoting the charitable objects of the Trust e.g. to act as a foundation and to advance the education of the pupils at any school in respect of which they act as a foundation. In discharging these objects they have to have regard to the obligation to promote community cohesion.
Secondly, membership of the Trust is not transferable, so any individual or organisation wishing to become a member of the Trust would have to be approved – it is not possible to become a member and then pass that membership to a different organisation or individual.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 18 Trustee liability
This summary of the liabilities of a charity trustee is closely based on material from the National Council for Voluntary Organisations (NCVO). It also explains what this means in the context of Trust schools and confirms that members’ financial liability is limited in the event that the Trust becomes insolvent or is wound up.
1. The Charity Commission says: 'If trustees act prudently, lawfully and in accordance with their governing document then any liabilities they incur as trustees can be met out of the charity's resources.'1 The courts (and, subject to the coming into force of the Charities Act 2006, the Charity Commission) also have the power to relieve trustees from liability where they have acted honestly and reasonably.
2. It is unlikely that trustees will be held personally liable, if they always: Act reasonably Comply with their governing document Take appropriate professional advice where they don't know enough to make a decision Take appropriate professional advice where they are required to by law.
Incorporation 3. All Trusts will be incorporated organisations – this means they are legal entities in their own right. Agreements and contracts can be taken out in the name of the organisation (for example, the limited company) rather than the name of individual trustees. The trustees of a charitable company do not normally have personal financial responsibility for contracts and debts incurred, and are not normally individually liable for negligence.
4. However, the benefits of becoming an incorporated charity and limiting liability are not comprehensive. Trustees of a charitable company can still be personally liable for: Breach of their fiduciary and statutory duties as company directors, for example: o Using the charitable company's assets to procure a benefit for the trustees o Making a loan to a trustee Wrongful trading under the Insolvency Act 1986: continuing to trade when you know, or ought to have known, that there was no reasonable prospect of avoiding insolvent liquidation2 Fraudulent trading: actual dishonesty in the running of the charity, such as incurring a debt where the trustees know there is little prospect of ever repaying it Acting as a company director when disqualified Governance 5. Every maintained school (including Trust schools) has a governing body which is responsible and accountable for all major decisions about the school and its future. Governors have a legal responsibility to conduct the school with a view to promoting high standards of educational achievement.
1The Essential Trustee: what you need to know (Charity Commission) www.charity- commission.gov.uk/publications/cc3.asp 2 Note that charitable companies can only trade in the course of carrying out any primary purpose of the charity. D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 19 6. Governing bodies are corporate bodies. As such, a governing body acts as a single legal person with an identity separate from its members. Responsibility for the actions and decisions of a governing body rests with the whole body rather than with individuals. Governors do not incur any personal liability in respect of anything done in good faith in exercising their power to spend the school’s budget share, or delegating power to the headteacher3. An example of an act not done in good faith is fraud.
7. Any liabilities (such as debt) incurred by the Trust will not transfer to the school, and the Trust cannot use the school’s land or budget as security for any loan.
8. Any deficit occurring in the delegated budget of a Trust school is the responsibility of the local authority. The Trust would not be liable.
9. If the Trust is a company limited by guarantee, the financial liability of members of the Trust is limited to the sum they guarantee when they join the company. Members of the Trust guarantee to pay a nominal sum (agreed at £10) if it becomes insolvent or is wound up.
3 Section 50(7) of the Standards and Framework Act 1998 D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 20 1. Running a Trust
This note provides practical information for Trust partners about their ongoing role in supporting the school. The Trust’s key functions are to appoint governors and to hold land and assets on trust for the school(s). It has other duties, including promoting equality and the administration of the Trust itself.
Key functions 1. Identify and appoint governors. Most governors have a 4-year term of office, and governing bodies try to stagger these terms so that they don’t lose several experienced governors at the same time. Trustees will have to appoint or re-appoint governors every 4 years, or earlier if people have to resign.
2. Trust-appointed governors could be employees or members of the partner organisations or volunteers who are not linked to the partners4. Trustees will need to think about: how to identify potential governors who will be able to promote the ethos/approach (and will offer the right skills and experience)5 whether to ‘re-appoint’ some of the existing governors in order to maintain continuity. whether the process challenges discrimination and promotes equality. The ‘Help Schools Help Children’ toolkit contains materials which you might find useful in recruiting potential governors from within your organisation – follow the link to Governor Recruitment from www.dfes.gov.uk/a-z/home.html.
3. If a Trust supports several schools then the trustees will appoint governors to each school – this could be the same people.
Newtown Trust supports three schools in the same area, and has identified 7 people who the trustees think would be good governors. Some of the volunteers have time to serve on 2 governing bodies…
School A has 4 Trust-appointed governors: Aimee, Bob, Carl, Damien
School B has 4 Trust-appointed governors: Aimee, Carl Ellie, Farrah
School C has 3 Trust-appointed governors: Bob, Carl, Grace
4. Organisations which already appoint governors to schools often establish arrangements to keep in touch about progress and offer support. This could be particularly important if the Trust will support several schools, so that the Trust-appointed governors can help to share ideas and develop a common approach. Trustees might think about: appointing people to more than one school (as above) an email newsletter and/or online discussion forum
4 Trustees could also serve as Trust-appointed governors. 5 You will have talked about what the school is looking for and what the Trust could offer during early discussions – see ‘Issues and decisions for early discussion’. D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 21 informal sessions to help Trust-appointed governors keep in touch buddying and mentoring regular meetings of Trust-appointed governors to discuss a particular issue – for example a Trust supporting a national network of specialist schools might update them on developments, or hold a session about how they can help schools to develop the specialism.
5. Holding land and assets on trust for the school. Day-to-day control will remain with the governing body, as will responsibility for insurance, health and safety etc. The Trust will ‘hold’ the land and assets on trust, and the value of the school’s land and assets will appear on the Trust’s balance sheet. The Trust is not liable for the actions or decisions of the school’s governing body. If the Trust’s role ends for any reason, then publicly funded land will normally revert to the school governing body (if the school continues as a Foundation school) or the local authority (if the school closes).
[See also: Further information on Land and Assets in Stage 5: Implementation]
Duties 6. Equality: Trusts will be covered by the Race Relations Act 1976 and (from 4 December 2006) the Disability Discrimination Act 1995. This means they have duties to eliminate discrimination and promote equality, and will have to produce an equality scheme. The process for doing so (and a model equality scheme) is set out in this section of the toolkit.
7. Child protection: The school governing body remains responsible for the conduct of the school, including child protection policies. These apply to all visitors to the school and to all governors, regardless of whether individuals were related to the Trust. Trusts do not need to adopt a child protection policy unless they have responsibility for children through wider activities.
8. Freedom of Information: Trusts are not currently on the list of organisations covered by the Freedom of Information Act. They may be added to the list in future, and will then have to respond to requests for information. This would apply retrospectively to all records held by the Trust. Practical guidance will be produced in advance of any change.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 22 Appendix 6 : Summary of results
The latest Government Achievement and Attainment Tables have confirmed that Swavesey continues to build its reputation and performance as a high achieving school locally and nationally.
In both the percentage of students achieving 5A*-C (see below) and those achieving ‘Cs and above’ in English and Science, Swavesey came second in the county. These results clearly reflect the efforts made by the College and way in which the College has developed5A*-C a culture Swaveseyand curriculum that Village is leading College towards achievement 1993-2006 for every student.
The trend in achievement below also needs to be seen in the context of the significant growth in the College (from 180 to 240 students in each year group) that began in 2000, with the first cohort reaching year 11 in 2005.
85 80 % of students with 5 or more A* - C Passes at GCSE or equivalent
75
70 5A*-C 65
60 55
50 1993 1995 1997 1999 2001 2003 2005 2007
The best current indicator of the success of the cohort last year is the Contextual Value Added Score. This score reflects the progress of all students across their best 8 GCSE scores based on their performance at the end of Key Stage Two. We prefer it as it takes all students into account and also reflects the numbers of students also achieving the higher grades (A*-A). Swavesey’s final score was 1016.1 (average 1019 over the past two years). The estimate works out the points a student should achieve from their KS2 score, but also takes into account a variety of social features which is then compared to the points a student actually achieves. The average for this is then taken to arrive at the school score.
Swavesey’s achievement against all schools nationally – taking into account the context of each school. Top 7% (2006) Top 16% (2007)
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 23 Appendix 7 : School context : additional information
In 2007, Swavesey Village College was the most improved secondary school in Cambridgeshire at the 5 A* - C headline figure, with results that place the college towards the top of secondary schools in the county. The College’s Contextual Valued Added scores over the past two years have placed the College in the top 7% and 16% nationally respectively for GCSE performance.
Having grown from 6 to 8 form entry (2001-6), in response to parental pressure for a change of catchment, the College is now oversubscribed for places in year 7 in Sept 2007 and 2008 attracting around30 applications from outside the College’s catchment.
Swavesey has been a Specialist Science College since September 2003 and has recently been awarded a second specialism in Languages in recognition of its status as a ‘High Performing Specialist School’
The College is a regular presenter at Specialist Schools and Academies Trust (SSAT) regional and national conferences on school improvement.
In 2007, the College was invited to become a ‘Consultant School’ for the SSAT’s ‘Raising Achievement, Transforming Learning’ (R.A.T.L.) project working with other schools to support their efforts to raise achievement. The Principal is a national Consultant Head for the R.A.T.L. project.
The College is also the Eastern Region Hub school for ‘Deep Leadership’ as part of a joint National College School Leadership/SSAT research project into creating the conditions for personalising learning.
The College was awarded the ICTMark 2006 and remains a consultant school as part of the ‘Senior Leaders in ICT’ (SLICT)programme.
This commitment to training and sharing best practice has led to the Swavesey being invited to become a Member of the ‘Cambridge Consortium’ – a prestigious ‘By schools for schools’ charity committed to provide training and consultancy for other schools.
The College has become a centre of excellence for delivery of Level 2 vocational courses, supporting and inspiring the introduction of vocational courses in Cambridgeshire and nationally. The College is a national pilot school for Vocational Advantage and Btec Select, as well as the Btec Maths.
As the Lead School for the ‘Construction and Built Environment’ Diploma (2009), we have the responsibility to work collaboratively with employers, Cambridge Regional College and other schools to develop and deliver this 14 – 19 diploma.
The College has received recognition in the Arts (ArtsMark Silver 2006), as a Health promoting School and is the partner secondary school with the SMARTLife Project based in Cambridge.
The College has established a strong reputation for collaborative working across all phases of education both locally and nationally. ASTs and other staff provide support on national agendas of Personalising Learning, Workforce Reform, Curriculum Redesign, Multi-Agency Working (Caring Professionals Group) and Student Leadership. D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 24
Students from the College have chaired the SSAT Eastern Region Student Voice Group for the last three years. With the Eastern Leadership Centre, the College is developing a programme to support new levels of student leadership within schools.
The College has very strong links with the Primary Schools in the College’s patch especially in sport, the arts, science and languages.
In addition to the College’s long tradition of community engagement through Community Sport, adult learning and community use eg Preschool and Village Library, the introduction of the Community Arts Manager in 2004 has further enhanced the College’s community role.
The College is actively represented in the Financial Management of Schools through the Cambridgeshire Secondary Bursar’s Group (Chairman), within the Local Authority as a member on the Secondary Heads Finance & ICT group and School’s Forum Technical Group, and nationally on the National Bursar’s Association. (Elected Director)
The College has provided support for schools both locally and in London covering Financial Management Standards in Schools (FMSiS) accreditation, budget planning and monitoring, new and growing schools.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 25 Appendix 8 : Summary of Ofsted Report October 2006
The Ofsted Report (October 2006) captured and recognised many of the outstanding features of SVC, as well as endorsed the changes that are taking place at the College. Swavesey Village College has grown significantly since the last inspection in 2002 and yet standards have not only been maintained but have improved still further. The report also recognised that progress has been made not only against the last Ofsted but in response to issues identified through our own self-evaluation processes eg parental surveys.
The headlines include :
‘good and improving with a number of outstanding features’
Personal development and well-being (Grade : Outstanding’) ‘the behaviour of learners’ and ‘learners enjoy their education’ (Grade : Outstanding) ‘very actively supported to become mature and responsible members of the community’ ‘(Our students are) young adults, responsible citizens and leaders’ ‘Their spiritual, moral, social and cultural development is excellent’ The students are said to ‘work co-operatively’, ‘show respect’, ‘are considerate and sensible’ around school, ‘feel safe and secure’, ‘know what is right and wrong’
Teaching and learning (Grade : Good and some practice is outstanding) ‘students are challenged and, in the best lessons, inspired’ ‘They respond with enthusiasm and produce work that is generally of a high quality.’
Achievement and standards (Grade : ‘Good and improving’) ‘a clear and strong trend of improvement is continuing’ ‘the rate of progress is increasing’. ‘standards, like that of achievement, are above average’ against student achievement on entry which is broadly in line with those found nationally. The achievement of boys in 2006 at GCSE was ‘outstanding’.
Curriculum (Grade : Outstanding) ‘Its strength is its capacity to provide students with the right type of course at the right level of difficulty to suit their interests and to challenge them’ There are ‘a rich variety’/impressive range’ ‘of extra-curricular activities and visits’ ‘many opportunities (for students) to exercise responsibility and to develop leadership skills’
Care, guidance and support (Grade : Good) ‘excellent partnership’ working with external support agencies and through student support office. ‘very good system for tracking students academic progress is in place. This helps students understand how they can achieve their individual targets’ ‘guidance … in relation to courses and careers is excellent’
Leadership and management (Grade : Outstanding) ‘Self-evaluation is very thorough … it has led to a clear identification where the College can improve … the school’s improvement plan is ambitious and well thought through.’ ‘Value for money is outstanding.’ ‘The capacity for improvement is outstanding.’
Given the timing of their visit, they felt it appropriate to comment on the recent structural changes: D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 26 ‘students have reported very favourably on this’ … ‘feeling part of a family’ ‘tutor (is) more effective in supporting students academic achievement’
Of the areas for development, the focus upon teaching and learning lies at the heart of the changes that were made at the start of this year eg Curriculum teams, Learning Policy, putting in place improved structures and systems to ensure greater consistency. Whilst we might question certain emphases, we welcome a very constructive document whose recommendations will sharpen aspects of our improvement plan.
In summary, there is much within the report that we can be very proud of and, above all, it is an endorsement of the improvement plans that we have put in place. We have set ourselves very high standards and challenging targets and this report recognises that we are making very good progress towards an overall grading of ‘Outstanding’.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 27 Appendix 9 : Impact of the Trust upon standards
The Governors have carefully chosen Partners who have the experience and expertise to support the Governing body in delivering the Trust’s Objects. It will positively impact upon the College’s work and levels of achievement in the following ways:
Ethos and culture
o Endorse, secure and preserve the long term commitment of the College to school improvement, collaborative working and promoting community engagement
Standards
o Improve further our student’s ability to learn effectively and thus to achieve success; o Develop the aspirations and expectations of staff, students and the wider community; o Engage in research to identify effective strategies to support and develop learning; o Further improve the training of staff through coaching, mentoring and professional development; o Support 14-19 developments to improve progression to post-16 courses and Higher Education; o Developing leadership at all levels, for staff and students; o Stimulate improvement focused self-evaluation o Develop the use of new technologies for learning
Proposals will advance national transformational strategies
o Every Child Matters - seamless integrated multi-agency/services provision o ‘All-through schooling’ : philosophy of continuous education ‘4 – 19’ within the community served by the College o Personalised learning – through radical school and curriculum re-design o Promote diversity within SVC, and across partnerships with other schools, to provide 100% relevant curriculum o Extended schools provision – working with partner primary schools, locality team and other education partners o Effective collaborative working – with schools, business and wider community o Confident high performing schools engaging positively with other schools to share expertise and raise achievement.
Without the Trust and its Objects, the College would be susceptible to changes arising from leadership changes, whether at Leadership team or Governance level. For example, the Trust is committed to the principle of the school being at the heart of its community. Governing Bodies and the Leadership Team may redefine what this means as the College enters the 21st Century but it will not be able to say that this is no longer something that the College believes in.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 28 10. Existing admissions criteria
For community and voluntary controlled schools, the criteria are as follows:
1. Children who are looked after, have a statement of special educational need which names the school or for whom this is the only school that can meet their long-term medical needs;
2. Children who live in the catchment area, attend primary schools within the catchment area and who have a sibling at the school at the time of admission;
3. Children who live in the catchment area with a sibling at the school at the time of admission;
4. Children who live in the catchment area who attend the primary schools within it;
5. Children who live in the catchment area;
6. Children who live outside the catchment area, who attend primary schools within it and who have a sibling at the school at the time of admission;
7. Children who live outside the catchment area who have a sibling at the school at the time of admission;
8. Children who live outside the catchment area who attend the primary schools within the catchment area;
9. Children who live outside the catchment area, but nearest the school as measured by a straight line.
In cases of equal merit, priority will go to children living nearest the school according to the shortest straight line distance.
D:\mgscambs\data\published\Internet\C00000733\M00003839\AI00024558\$rpnruhr4.doc 29