Item 1 Delegated Decision 28 May 2019 Proposed Closure
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Wards Affected: ITEM 1 Olney DELEGATED DECISION 28 MAY 2019 PROPOSED CLOSURE OF EMBERTON SCHOOL Responsible Cabinet Member: Councillor Nolan, Cabinet Member for Children and Families Report Sponsor: Mac Heath, Director of Children’s Services Author and contact: Simon Sims, Strategic Lead, Sufficiency and Access, Tel 01908 253919 Executive Summary: In order to propose closing a maintained school the council must follow a process prescribed by law. This process is in five stages: 1) Pre-publication consultation 2) Publication of the statutory notice and proposal 3) Representation period (four weeks) 4) Decision 5) Implementation (if appropriate) There is no prescribed timeframe for a pre-publication consultation but it is recommended to last a minimum of six weeks. Schools and the council should consult with interested parties about the proposed closure. Between 21 January 2019 and 17 March 2019, the council carried out a pre-publication consultation in relation to the proposal to close Emberton School, including drop in sessions open to interested parties. This paper reports the results of the pre-publication consultation and recommends that the council proceeds to the second stage of the statutory process. 1. Recommendation(s) 1.1 That a statutory notice and proposal to close Emberton School be published. 2. Issues 2.1 Emberton School is a community infant school with an admission number of 12 in each of its three year groups. It is therefore able to accommodate up to 36 children. The catchment area of the school is Emberton, Filgrave, Petsoe and Tyringham. Children attending Emberton School in Year 2 usually transfer to Olney Middle School. 2.2 Emberton School is part of the Village Schools Federation. The federation consists of Emberton School, Newton Blossomville C of E School, North Crawley C of E School, Sherington C of E School, Stoke Goldington C of E First School and St Andrew’s C of E School. 28 May 2019 2.3 In recent years the school has become less popular and numbers have declined, to the extent that with effect from September 2018, no children are on roll at the school. Due to falling birth rates locally, surplus primary school places are expected to continue in the Ousedale Liaison Group. The school, as an organisation, is no-longer viable, so the Governing Board have asked Milton Keynes Council to consult on closing the school. 2.4 The council is required by law to carry out a 5 stage statutory process when considering a change of this nature. The first stage is a pre-publication consultation with key stakeholders. 2.5 A pre-publication consultation was carried out for eight weeks between 21 January 2019 and 17 March 2019, a period of eight weeks, to consider the proposal to close Emberton School. A consultation document (Annex A) was sent to a range of stakeholders associated with the school in accordance with Department for Education guidance, including parents, school staff and school governors of all schools within the Village Schools Federation, ward councillors, local parish councils and council colleagues. The consultation was available on line via the Milton Keynes Council website and the Emberton School website in order to give stakeholders the opportunity to submit views and discuss the proposed closure in principle. Two drop- in sessions were held at the school and were open for the public to attend. 2.6 Of the ten responses received to the pre-publication consultation, six (67%) agreed with the proposal to close the school, one respondent disagreed with the proposal and three respondents did not state whether they agreed or disagreed with the proposal. 2.7 The main benefits and concerns cited by those in support of the proposal to consider closing Emberton School were: (a) less than ten pupils on roll at a school is not conducive for effective socialisation developing resilient future members of society. Friendship groups, learning from peers and being able to socially interact with groups of different ages is a key part of a child’s development at school and cannot be fully undertaken with only a handful of children; (b) a full and rounded curriculum cannot be delivered; (c) the local community has demonstrated that they have chosen other schools within the area; (d) reduced demand for children starting school for the first time across Milton Keynes; (e) small numbers of pupils on roll means that the school is not financially viable; (f) there are places available in other local schools and at schools within the Village Schools Federation; (g) despite great efforts by staff and the leadership team to promote the school, this has not resulted in an increase in pupil numbers. The main reason for this is the lack of children in the catchment and local area and the low birth rate in the local area for the foreseeable future; and 28 May 2019 (h) he Governing Board can focus on the remaining five schools in the Village Schools Federation with a programme of management and sustainability with numbers. 3. Options 3.1 There are two options: (a) Do Nothing The school will remain open with no pupils on roll. No allocations have been made at the school for September 2019 and no parents chose Emberton School as their first preference school. As DSG funding is received and allocated based on pupil numbers, a school with no pupils will not receive any funding. Therefore should the school remain open, building running costs and any other associated costs of keeping the school open will have to be funded from the schools surplus balance. (b) Publish a statutory proposal to close Emberton School As agreed by the majority of respondents, the council would publish a statutory proposal to close the school. The statutory proposal provides a further four week representation period within which any party can comment or make representations. The lead member for Children and Families would then consider the outcome of this consultation before taking a second delegated decision on whether to proceed to close the school. As there are no pupils on roll, closure will not impact on any pupils. There would be no impact on staff as all previous staff members have either left or been redeployed elsewhere within the Village School Federation. This is the recommended option. 4. Implications 4.1 Policy Ensuring sufficient primary school places within the education system is fundamental to delivering the council’s vision that residents have access to all the services they need and have the support to access opportunities and enjoy a healthy and good quality of life. Whilst the council must ensure that good quality school places are provided where they are needed, surplus capacity should be removed where necessary. 4.2 Resources and Risk (a) Capital Not relevant to this proposal (b) Revenue Schools funding is part of the Dedicated Schools Grant (DSG) and therefore the proposed closure of the school will have no impact on the Council’s funding or costs. Under the national formula, DSG funding is received by the LA and then allocated to schools based on pupils on roll and therefore no funding will be received or allocated to a school with no pupils. Any surplus 28 May 2019 balance held by a school that closes would return to the DSG for redistribution / allocation but in this case any surplus balance will be redistributed to the Village Schools Federation. N Capital Y Revenue Y Accommodation N IT N Medium Term Plan Y Asset Management 4.3 Carbon and Energy Management Not relevant to this proposal 4.4 Legal If approved, the next step will be for the council to publish a statutory proposal under Part 2 and Schedule 2 of the Education and Inspections Act (EIA) 2006 as amended by the Education Act (EA) 2011 and The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013. This will appear on our website, as a notice in the press and outside the school. The notice invites the reader to request a copy of the full proposal which is prescribed to be very detailed. Following publication there is a formal consultation period of four weeks (length prescribed in law) within which comments and representations can be made to the council. Once that representation period expires, the council has two months to determine whether the change should proceed. 4.5 Other Implications N Equalities / Diversity N Sustainability N Human Rights N E-Government Y Stakeholders N Crime and Disorder Background Papers: N/A Annexes: Annex A: Informal consultation on the proposal to close Emberton School Annex B: Consultation comments and officer responses Annex C: Summary of the findings of the informal consultation period 28 May 2019 .