CHILDREN’S SERVICES OVERVIEW AND SCRUTINY COMMITTEE

30 JANUARY 2008

OUTCOME OF THE CONSULTATION ON ESTABLISHING A NEW ACADEMY SCHOOL IN

Report from: Rose Collinson, Director of Children’s Services

Authors: Neville Hayles, Project Manager/Consultant Simon Trotter, Assistant Director, Learning and Achievement

1. Purpose of the item

This report sets out the outcomes of the consultation on the Council’s proposal to create one new co-educational academy for all young people in Strood on the Chapter School site in brand new buildings.

2. Recommendations

2.1 This Committee is asked to consider the responses to the consultation together with the advice and analysis from officers and to make recommendations for consideration by Cabinet.

3. Background

3.1 Cabinet considered a report on the future of secondary education in Strood in September 2007 and asked for a report back, following consultation on the development of an academy. This report summarises the outcome of the consultation process.

4. Results of the consultation

4.1 The consultation period ran for ten weeks from 8 October 2007 to 17 December 2007.

The process included: · Public consultation documents were circulated to the following: staff, students, parents and governors at Temple and Chapter schools; secondary, primary and special schools across Medway, all Councillors, local MPs, union representatives, Diocesan Authorities, all Medway libraries, Children’s Services, Kent & Medway Learning & Skills Council, Medway Primary Care Trust, Medway Strategic Health Authority and the eight Kent feeder primary schools · 9 public consultation meetings held in October and November (4 at Temple and Chapter schools and 5 at local schools) · a day - long drop in session at the Civic Centre where people could ask questions and give their views · 4 staff consultation meetings (2 at Temple School and 2 at Chapter School) · 2 meetings with governors from Temple and Chapter schools (1 at Temple (1 at Temple and 1 at Chapter) · letters sent to parents/carers from the Director of Children’s Services · publication on Medway Council’s website.

4.2 There was a total of 490 responses, of which 429 were official questionnaires/comments and 61 email/letter responses received within the consultation period. A further 15 responses were received after the end of the consultation period. Of the 429 questionnaire responses the breakdown was as follows: 146 – parents; 8 - staff/parents; 2 - governors; 3 – parent governors; 67 – staff; 163 – students; 4 – staff governors; 11 – other; 2 – residents; 2 – councillors; 21 – unknown.

4.3 Chapter School set up a petition, entitled, ‘Support Our Chapter Kids’ (SOCK), which in summary, rejects the merger of Chapter and Temple schools with closure of both. It also asks the Council to hear the views of staff, students and parents with regard to retaining the ethos, the management and culture of the school and suggests the development of an academy over a protracted timescale. The results of the petition included: 7749 signatures and 1645 online petition responses. Chapter students presented a further 528 actual SOCKs [written comments on paper socks]. An additional 580 signatures were handed in at full Council on the 17 January.

Formal Questionnaire

4.4 The formal questionnaire addressed three issues with a summary of responses contained in the points below.

4.5 One mixed school in Strood as the right option

Yes 55% No 40% Unsure 3% No comment 2%

4.6 Of those who thought that one mixed school was the right option, was an academy the right one?

Yes 35% No 41% Unsure 3% No comment 21%

4.7 Other views about which site might be best for a new school.

Chapter School 37% Temple School 21% Another site 3% Other comments 16% No option/comment 23%

Issues raised in consultation meetings (Including the following: meetings with governors, parents, staff, students and feeder primary schools).

4.8 Governance: Clarification on timescale for the appointment and nature of Governing Body appointments and overall matters of governance and strategic management. Some suggested retaining Chapter leadership; others sought more detailed proposals on leadership and assurances of the Council’s role in the academy.

4.9 Human Resources: Both schools raised a substantial number of issues in connection with human resources including: the organisation and staffing structure of the proposed academy, timescale for appointments of staff at all levels, redeployment or transfer arrangements, if any, details on redundancy arrangements, the nature of employment contracts, details and arrangements relating to redeployment, pensions and salary protection.

4.10 Student admissions: Concerns were raised over student numbers as there are already falling rolls in the affected schools and how this might impact on the new academy. Conversely, some expressed views that development of a new academy could mean students who might previously have gone to The Hundred of Hoo School would go to the new academy. Concerns were also raised regarding places for existing students, the availability of special educational needs support and the loss of a single sex school choice. Staff in both schools were unsure what information to communicate to parents and prospective students at open days to enable them to make informed decisions.

4.11 Standards: There was a view that the good quality and leadership at Chapter School would be jeopardised through the establishment of a single institution and that a more appropriate strategy could be adopted to address the issues at the weaker organisation - Temple. Some believed it made no sense to close a good school. There were some concerns about the track record of academies particularly with regard to leadership, standards and performance.

4.12 Curriculum: There were anxieties over planned curriculum management and its range, particularly with regard to the development of vocational education.

4.13 Ethos, culture, and image: The differences between an academy and the existing schools were a concern. Chapter supporters were worried that Temple School problems and poor community perception would be transported to the new school. Temple supporters were deeply dissatisfied by the negative image being portrayed of the school.

4.14 Transition: Clarification was sought on transitional arrangements and how this would impact on the existing schools.

4.15 Information/communication: Not all staff, students and parents were aware of the precise details: the proposals, the process and their possible impact.

4.16 Site/Buildings: Site issues included: the belief that new buildings would change very little; the importance of retaining playing fields and the use of alternative sites. Some expressed views that the whole programme was ‘premises driven’ and that a further evaluation of sites should be undertaken, which would conclude either Chapter or Temple sites could be used for the new school.

4.17 Place Planning: There were anxieties over the proposed academy meeting local demand in view of possible changes in demographics.

4.18 Funding: It was thought the academy agenda was driven by money.

Governors’ views: 4.19 Temple governors supported the academy proposal. However, they did favour establishing the new building on the Temple site.

4.20 Chapter governors were not opposed to the creation of a co- educational school in Strood. However, they favoured an amalgamation process in which Temple would close and Chapter would stay open, admitting boys from Year 7 in 2009 and in subsequent years existing pupils would transfer to Chapter at the end of their current Key Stage. Such arrangements could then be followed by an academy proposal, which would then only concern the reorganised Chapter School. Students from Chapter were also particularly concerned that any reorganisation would risk losing the supportive family atmosphere of the school.

Students’ views 4.21 Some of the Chapter comments were included in the SOCKs and raised at the protest march, these related to the timescales involved in establishing the academy; steps taken to ensure the maintenance of standards achieved at Chapter and the retention of Chapter teaching staff.

4.22 The views expressed by Temple students, on the other hand, welcomed the academy proposal. They saw the potential for a new building with better facilities to improve opportunities for boys and girls, with a pupil roll which would reflect demand more closely, thereby bringing stability to the system.

Other options 4.23 The Governing Body of The Hundred of Hoo Comprehensive School made two alternative proposals. Their Option A was to establish an academy based on three schools: Chapter, Temple and The Hundred of Hoo. Provision would be arranged on three sites: Chapter and Hoo sites would offer 11-16 facilities, both of which would be co- educational; Temple would be a mixed 14-19 site, offering vocational options for 14-19 year olds together with traditional post 16 courses.

4.24 Option B was to close Temple and The Hundred of Hoo and establish a mixed academy on the Hoo site: Chapter would be unaffected in this proposal.

5. Advice and analysis

5.1 The number of questionnaire responses (429) was not large and therefore not necessarily representative of the local community. Fewer than half the staff at the Temple and Chapter schools and a small proportion of students responded. The SOCK petition has to be regarded with caution: the petition statement was long with three statements; therefore signatories could have been signing up to any one of the statements in the petition. There have been reports that the wide canvassing of the petition created a situation where signatories may have had little knowledge or understanding of the proposals under discussion.

5.2 A number of points raised at the consultation meetings, rather than being objections to the setting up of an academy, were seeking clarification on developments and seeking to establish guarantees on a number of specifics. In some cases such guarantees could not be given as the points raised were too specific. However, the Council was able to offer reassurances that direction and actions of the academy would be dependent on the vision in which the Council would play an active role. Few comments demonstrated an outright disapproval and there were a number of comments at various meetings in support of the academy though some wanted to protect the interests of Chapter School.

5.3 On which site should the academy be located? The arguments in favour of the Chapter and Temple sites are closely balanced. In terms of size and access, both sites are equally suitable. In favour of the Chapter site is the association with the successful Chapter brand. On the other hand, the Temple site would offer a close working relationship with Temple Mill and its Surestart Children’s Centre. It would also associate the school more with Frindsbury than central Strood, which might be perceived as an advantage by some potential parents.

5.4 Should the Council close Temple and make Chapter co-educational? The arguments in favour of this would be that the Chapter staff and management team would run the new school, thus bringing their successful experience to the project. However, such an arrangement would not secure the capital investment required for transformational change. There would also be serious challenges in maintaining the curriculum and standards at Temple during the closure period.

5.5. Neither would the subsequent development of an academy at Chapter be a good solution to the problem of the lack of capital investment. First, there would be the timescale issue – with a two stage process, the academy could not open until 2010 or 2011 at the earliest and the building would not be complete until 2011, 2012 or even 2013. Second, the opening of an academy necessarily involves the open advertisement of key leadership posts, so there would be no guarantee that the existing management team would continue.

5.6. Governance: At the appropriate time there will be an announcement about the sponsors, including the lead sponsor - a local university and the local authority as a co sponsor. The new Governing Body would establish a staffing committee and appoint a new principal using an open appointment procedure, recruiting the best person for the job, having gone to national advertisement. In developing the academy, the Council, as the sponsor would push for a shared vision, meeting local need and in a vocational context.

5.7. Human Resources: The new Governing Body and principal have the responsibility for developing a structure after which appointments would be made. Existing Temple and Chapter staff appointed to the academy would transfer under TUPE arrangements (see Section 8). The new principal and possibly the deputy principal to be appointed by a separate contractual process. Consultation with unions has already begun.

5.8. Student admissions: The issue of falling student numbers at Temple School must be addressed and continuing to maintain two schools is not a viable option. A single academy would address that issue. All students at Chapter and Temple Schools would have places at the new academy. Detailed admissions arrangements would still be in place for special educational needs (SEN), inclusion and exclusion. The academy would be driven by guidance on inclusion thereby protecting the needs of those with SEN. The option of attending one of the single sex schools in Medway continues to exist for those who wish to do so. It is important that Temple and Chapter schools provide information to parents and prospective students on the basis of their agreed proposed offer.

5.9. Standards: The Council is charged, on behalf of the community to provide education of good quality and high standards. Although the proposal to reorganise schooling in Strood was originally designed to address standards at Temple, the results for 2007 have now changed the position somewhat. Temple results have improved significantly. At Chapter, the contextual value added (CVA – a measure of pupil progress) is in the top ten per cent nationally in 2007, although the proportion of pupils achieving 5 GCSEs at A-C including English and mathematics has dropped somewhat. The development of an academy has the potential to raise standards in Strood generally. Furthermore, it is expected that the academy will develop its own specialist status, with a strong vocational emphasis. The local authority is required to scrutinise standards and performance in the same way that it does for other schools.

5.10. Curriculum: The curriculum offer would be protected and a full range of learning pathways for students is expected to be available. Therefore the offer for all students in Strood would be stronger. A larger school has the advantage of economies of scale, including support for SEN and with a commitment to a broad and rich choice of vocational options and progression routes.

5.11. Ethos, culture and image: The academy would develop its own new identity, governance, facilities, and curriculum offer, with strong capital investment, particularly with the vocational centre. Other issues and developments would depend on the vision for the new academy.

5.12. Transition: The Council would want to offer guarantees about programmes to students and to minimise any upheaval. Both sites are large enough to accommodate new construction without encroaching on existing buildings, thereby reducing disruption. With regard to moving students, there are a variety of models that could be used but it would be unlikely that moving either all girls or all boys, or all at once would occur. However, there would be some impact and possibly upheaval and it would be for the Council and those concerned to manage and minimise the risk. Change would be gradual - how and when would be determined at a later stage. It is anticipated that movement into the new buildings would occur approximately eighteen months after the new school opened in 2009.

5.13. Information/communication: The consultation process was part of the process in updating and informing governors, students, staff and parents and the Council would continue to update residents on developments.

5.14. Site: There is evidence that buildings do have some impact on raising achievement/standards. At both Chapter and Temple there is sufficient space for playing fields to remain once rebuild has occurred and old buildings demolished.

5.15. Planning: The Council has a duty to ensure that there are the right number of schools and places available for children in its area with neither too few nor too many places. One of the Council’s planning principles is to have good local schools.

5.16. Funding: The academy proposal is about meeting the needs of all the students in Strood. Medway is not in a financial position to rebuild schools or inject substantial capital resources into buildings. All funds for setting up an academy will come from central government.

5.17. Some early academies did not have a good track record and were led by possibly inappropriate private business sponsors. The Council has opted against approaching businesses as lead sponsor but has chosen a local university. Subsequent official reports indicated that for the success of academies, clear vision and leadership are required. In addition, the lead sponsor is no longer required to make a contribution to the initial building cost and the local authority is expected to have a heightened role in scrutinising standards which were additional reasons for poor track records with early academies.

Other options

5.18. Hoo option A – the three-site academy. It is difficult to see how an institution of this size, with up to 18 forms of entry (540 students in each year group) spread over three sites, could be managed effectively. The costs of rebuilding three schools would be very high, and it is unlikely that this solution would attract the support of the Department for Children, Schools and Families (DCSF).

5.19. Hoo option B – a mixed academy at Hoo; close Temple, leave Chapter unaffected. Like option A, this suffers from the difficulty of managing an establishment that would admit all Temple and Hoo students. Once established, the academy would have about 12 forms of entry – at the very top of the viability range for a school. Furthermore, the gender balance would be very uneven – approximately two boys for every girl. Finally, this arrangement would leave Strood without a school for boys and young men.

6 Director’s comments

6.1 The Council has both a moral and statutory duty to ensure school places to promote high standards. The academy offers the best opportunity to provide a successful and viable school for boys and girls in Strood. The new school will have the resources and facilities to offer a broad, rich and sustainable curriculum for the 21st century in an environment which will be attractive to young people and their parents. It will provide a full range of academic, vocational and community provision, including a centre of excellence to support vocational pathways across Medway.

6.2 Unlike the initial academies, the will play a full role in collaborative curriculum delivery, particularly at 14-19.

6.3 While recognising that the recommendation will not achieve immediate universal support, it is our duty to pursue the option that achieves the best possible outcome for students now and in the future. The new academy will provide state of the art facilities for a progressive curriculum. Crucially, the involvement of the sponsors will ensure that the curriculum fully reflects the changing demands both of higher education and of business. These will combine to impact positively on ensuring that both boys and girls in Strood gain the knowledge, confidence and skills to develop as active and productive members of their communities and informed and responsible citizens.

7. Financial and legal implications

Financial

7.1 The funding agreement model provided by the Department for Children, Schools and Families (DCSF) lays out the following: · the conditions of grants provided, both revenue and capital (start- up, continuing and exceptional) · the disposal of assets in the case of the trust being wound up · access to be provided for the DCSF/National Audit Office, etc · notices from the Secretary of State

and four annexes cover: · memorandum and articles · admissions · SEN/disability · behaviour (including exclusions).

7.2 Revenue grants are the same as those available to maintained schools and consist of: · Grant calculated in accordance with the LA formula for maintained schools · Grant equivalent to the appropriate proportion of central costs sustained by the LA · Additional grants made by the Government to all schools · Specialist Schools grant · Standards Fund grants

7.3 The grant calculated using the LA’s funding formula and the element of the central costs will be deducted from Medway’s allocation of Dedicated Schools Grant (DSG). Other grants will be paid directly to the academy by the DCSF.

7.4 There are also available start-up grants made for redundancy costs relating to service before the establishment of the academy and for TUPE costs, signage, letterheads/schools publications and for covering the costs of ‘abnormals’; which might include items like poor site drainage.

7.5 Capital grants cover both those required to build the academy subject to an agreement on the architect’s designs and subsequent capital grants.

7.6 Financial Regulations lay down that the head/principal is the accounting officer and is personally responsible for conducting the finances of the academy with propriety and good management, though s/he may appoint a finance officer to do the work. The regulations cover records, audit, relations with the Charity Commission, rules for carrying forward unspent grant and other normal financial processes, including sales, write-offs, and borrowing.

7.7 In the event of an academy closing, land and assets bought with public money revert to the public.

Legal

7.8 In closing the Chapter and Temple schools and establishing a new academy the Council would to need to follow the statutory process.

7.9 Next steps would include: Cabinet decisions and the issuing of statutory notices.

7.10 Statutory notices are as follows: · Following the publication of the Statutory Notice period where NO objections are received the Decision Maker is the Children’s Services Portfolio Holder who makes the decision on the advice of the Director of Children’s Services. · However, if one or more objections are received then the Decision Maker is the full Cabinet with provision for Appeal to the Schools’ Adjudicator. If an appeal against the local authority is made this must be submitted to the LA within four 4 weeks of the LA’s decision. The LA must then send the proposal with comments and objections received to the Schools’ Adjudicator within one week of receipt of the appeal.

7.11 The DCSF recognises that staff previously employed at predecessor schools normally have rights under the Transfer of Employment (Protection of Employment) Regulations 1981 (TUPE). These state that where an enterprise is transferred to a new employer, existing staff also transfer with their existing terms and conditions unless there are economic, technical or organisational (ETO) reasons for not doing so.

7.12 However there is an absolute requirement that the principal (and probably vice principal) posts are advertised nationally and are subject to open recruitment.

7.13 Other staff will be recruited in the first instance from within a ring fence surrounding the predecessor school or schools and will be protected by TUPE.

7.14 As more than one school could be closed there may be more post holders of a certain type (e.g. heads of department) than required in the new school and a potential redundancy situation will exist. The ETO stipulation in the TUPE regulations may then come into play.

8. Background papers

Establishing a new maintained mainstream school - a guide for local authorities Closing a maintained school - guide for local authorities and governing bodies Making changes to maintained mainstream school - a guide for local authorities and governing bodies Consultation Document Cabinet Report September 2007

Contact for further details: Simon Trotter, assistant director, learning and achievement Tel 01634 331032 [email protected]