MAYOR AND CABINET

Report Title Proposal to open a 6th Form at Green School from September 2012 Key Decision Yes Item No. 18

Ward All

Contributors Executive Director of Children and Young People Executive Director for Resources Head of Law Class Part 1 Date: 13 July 2011

Reason for urgency

This matter has not been included in the Council’s Forward Plan. However the decision must be taken by a date that makes it impractical to defer it until future Forward Planning and Mayor and Cabinet sessions.

This report is part of the process for ‘Decision Making’ in relation to ‘expanding a maintained school by adding a sixth form’. has completed the various procedures required under the School Organisation Regulations 2007 which include ‘consultation’, ‘publication’, ‘representation’, ‘decision’ and ‘implementation’ of a sixth form for September 2012. Deptford Green School published its notice on 25th May 2011 and therefore the proposal is at the ‘representation’ period (objections or expressions of interest of support to the Local Authority from interested parties) ended on 25 th June 2011 . This allows a final opportunity for the Local Authority to take into account any matters relating to the proposal.

It is the Local Authority’s responsibility to make the ‘decision’ to add a sixth form to Deptford Green School for September 2012. Therefore there is a need to make this decision as the Mayor is not due to meet again until September and any decision has to be made within two months of the end of ‘representation’. The reason for lateness is because of the need to incorporate within the report an analysis of the latest available post-16 student level data.

Where a Report is received less than 5 clear days before the date of the meeting at which the matter is being considered, then under the Local Government Act 1972 Section 100(b)(4) the Chair of the Committee can take the matter as a matter of urgency if he is satisfied that there are special circumstances requiring it to be treated as a matter of urgency. These special circumstances have to be specified in the minutes of the meeting.

1. Summary

1.1 This report describes the Deptford Green statutory proposal to open a sixth form from September 2012, and recommends that the Mayor agree to the proposal. It details the processes followed in the consultation, and the responses of the Local Authority and other respondents to the proposal. The report goes on to set out the factors for the Mayor as ‘decision maker’ to 498 consider in relation to Deptford Green setting up a sixth form, with commentary on these, and the financial and legal implications.

2. Purpose

2.1 The purpose of this report is to consider the proposal to expand Deptford Green by adding a 6 th Form from September 2012.

3. Recommendations

3.1 That the Mayor notes that there are no responses to the statutory notice published by the Governing Body of Deptford Green School on 25 th May 2011.

3.2 That the Mayor agrees to the proposal to expand Deptford Green School by adding a sixth form from September 2012.

4. Policy Context

4.1 The report is consistent with the Council’s policy framework. It supports the delivery of the Sustainable Community Strategy priority Ambitious and Achieving – where people are inspired and supported to achieve their potential and the Council priority to improve young people’s achievement and involvement.

4.2 In particular, the report supports the delivery of ’s Children & Young People’s Plan (CYPP), which sets out the Council’s vision for improving outcomes for all children and young people by improving their achievement and involvement, inspiring and supporting them to fulfil their potential, developing community leadership, and providing facilities and activities to produce active, healthy citizens, and in so doing reduce the achievement gap between our most disadvantaged pupils and their peers.

4.3 The Statutory Guidance Funding Arrangements for 16–19 Education and Training sets out the duties of the Local Authority’s to act as champion of young people's learning by identifying quality issues and gaps in provision for persons in our area who are over compulsory school age but under 19.

5. Background

5.1 Deptford Green is a diverse secondary community school on two sites in Deptford with a published admissions limit of 1100. Currently it has 935 students. Numbers in Years 7 and 8 are significantly under capacity.

5.2 In September 2012 the school is scheduled to move into its brand new, state of the art building on one of the two sites. At the same time its capacity will increase to 1300 pupils aged 11-16.

5.3 Deptford Green was formerly a member of a 5 school “soft” federation. Deptford Green, Addey and Stanhope, Crofton (now Prendergast Ladywell Fields College), and High (now ), as 11-16 institutions 499 fed into Crossways (now Crossways 6 th Form) at 16-19. With the change in status of Crofton, the partnership was reduced to four members.

5.4 During 2010-11 Deptford Green School, Addey and Stanhope School and Crossways Sixth Form consulted on forming a trust together with a “hard” federation – The Goldsmiths Education Partnership. Because of the geographical focus of the proposed trust in Deptford/New Cross, Catford High School (now Conisborough College) left the soft federation. Following consultation the decision was made by Goldsmiths not to proceed further with the proposal.

5.5 Due to the Goldsmiths proposal not proceeding, during 2010-11 Deptford Green School and Addey and Stanhope School considered a collaborative sixth form offer to help meet the progression needs of their own KS4 students and also to increase the appeal to parents applying to secondary schools. At this stage both schools believed that this would be an opportunity for a broader curriculum offer, working through partnership but remaining autonomous, for Addey and Stanhope and Deptford Green sixth form students. Subsequently Addey and Stanhope decided not to consult to open a sixth form before the completion of the ‘BSF’ extension in September 2012.

6. The Deptford Green School statutory proposal

6.1 Deptford Green School submitted its statutory proposal to add a sixth form on 1st February 2011. The statutory proposal and consultation letter are attached as Appendices 1 and 2. The proposal did not include Addey and Stanhope school as a partner as it was still at the early stages of considering a sixth form. Addey and Stanhope School hopes to start its own consultation process after September 2011 with the view to opening a sixth form within the next two years, and is keen to pursue a collaborative approach.

The post-16 population 6.2 The planned capacity of the new 11-16 school, which opens in September 2012, is 1300. Deptford Green proposes to add to this number a sixth form capacity of 200 students (100 year 12 students from 2012, and 100 Year 13 from 2013), which will increase the total capacity of the school to 1500 by September 2013.

6.3 Research carried out by Deptford Green indicates that the sixth form cohort would be drawn mainly from Deptford Green students and is already a very popular option for current year 10 students and parents. The sixth form would aim to enable internal progression as well as attract a comprehensive cohort of learners from the surrounding community, including those of high ability.

6.4 Deptford Green states that many students come from disadvantaged backgrounds and that the school provides much of the stability and security in their lives. They say that many of them do not feel ready to leave the school at 16 and the “international” new sixth form aims to increase the participation of young people post-16 (towards meeting the Raising Participation Age to 18 by 2015) and reduce the number of Lewisham young people who become NEET.

500 6.5 Currently the top five post-16 destination institutions for Deptford Green are Christ the King R.C. College, , Crossways Sixth Form, Sydenham and Forest Hill (SFH6), and Bromley College of Further and Higher Education, and the learners who normally progress to these institutions would be a target for the sixth form recruitment.

Accommodation 6.6 The proposal describes how the sixth form would be incorporated into the rest of the school within the new school building when it opens in September 2012 with minimal additional costs as a result of careful timetable planning. The teaching hours for sixth formers would be different to the rest of the school, starting later in the morning and finishing later in the day, and thus ensuring that there are enough teaching rooms and specialist subject rooms for the sixth form curriculum. One of the classrooms in the new school would also be used as a dedicated sixth form student centre. This approach would also ensure that there is greater use of the new buildings and Deptford Green proposes extending this further offering facilities for community use and adult education programmes in the evenings and at weekends.

Standards 6.7 The proposal describes how Deptford Green believes that its 6th form would be a very attractive option for students in the local community, and would raise standards and increase participation. The proposal aims for high standards in the sixth form, and intends that it will be a positive influence on standards across the school by promoting a stronger culture of aspiration and providing a tangible goal for learners at Key Stage 4.

6.8 The advantages of the new school building, with excellent facilities and high- tech equipment, would support high standards and a progressive approach to educational delivery.

Curriculum 6.9 Deptford Green has a philosophy which promotes independent learning, citizenship and the importance of the “4 Rs”: Relationships , Responsibility, Resilience and Results. As a community school with involvement in national and international community partnerships, Deptford Green has a particularly strong internationalist ethos and hold International School status. The sixth form is intended to build on and improve the impact of this focus through offering the International Baccalaureate and international placements for sixth form students as part of their work experience and community projects.

6.10 The proposal describes how the Deptford Green sixth form would offer courses to students at levels three, two and possibly one. The proposed levels would be approximately 25% level 2 and 75% level 3, with a 25% vocational qualification offer at Levels 2 and 3. All students would do holistic courses designed to develop their skills as well as give them appropriate accreditation. Deptford Green would offer the international baccalaureate which currently has limited availability in the south sub-region. The school is now a recognised International Baccalaureate candidate centre in anticipation of approval to add a new sixth form. The letter of approval is attached as Appendix 3.

501 Staffing 6.11 The school believes that its proposal for a sixth form will help to retain and recruit staff to the school as many teachers enjoy the intellectual challenge of teaching at post-16.

7. The consultation process

7.1 The Governing Body of Deptford Green School took forward the statutory proposal to add a sixth form for September 2012.

7.2 The consultation process was carried out in line with Guidance 1. Proposals must take into account that from 2013 all young people will be required to continue in some form of education or training post-16. The government is increasing the minimum age at which young people can leave learning in two stages, to the end of the academic year in which they turn 17 from 2013 and until their 18th birthday from 2015. The statutory proposal and consultation letter are attached as Appendices 3 and 4.

7.3 There are five statutory stages for a statutory proposal for an excepted expansion:

Consultation Publication Representation Decision Implementation

Not prescribed Must be 4 weeks LA must No prescribed (minimum of 4 weeks 1 day (or 6 weeks for decide the timescale – but recommended; grammar schools) proposals must be as school holidays UNLESS related to within 2 specified in the should be taken into another statutory months. No published consideration and proposal which has a prescribed notice, subject avoided where 6 week timescale for to any possible) representation the schools modifications period, then the adjudicator agreed by the statutory period will Decision Maker also be 6 weeks for the expansion proposal

7.4 A public consultation exercise commenced on 1 st February 2011 on the proposal to add a sixth form to Deptford Green School. This was published on the school website along with a consultation response form. The closing date for responding to the consultation was 28 th February 2011.

7.5 Details of the proposals and invitations to respond were sent to parents / carers and pupils at Deptford Green School, all Deptford Green school staff, Trade Unions in Lewisham, all MPs for the London Borough of Lewisham, all Councillors in Lewisham, neighbouring local authorities – Bromley, Southwark

1 Education and Inspections Act 2006 (EIA 2006) and The School Organisation (Prescribed Alterations to Maintained Schools)() Regulations 2007 (as amended by The School Organisation and Governance (Amendment)(England) Regulations 2007 which came into force on 21 January 2008 and The School Organisation and Governance (Amendment)(England) Regulations 2009 which came into force on 1 September 2009). 502 and Greenwich and all schools within a two mile radius of Deptford Green School

7.6 Stakeholder meetings were held with parents of children attending Deptford Green School, Deptford Green governors, Deptford Green Staff unions, the School Council, the Policy and Programme Steering Group and 14-19 Forum (Lewisham 14-19 Partnership).

7.7 As a result of the consultation responses, the Deptford Green governing body agreed to the issuing of the public notice to add a sixth form to Deptford Green School early May 2011. On 25 th May 2011, the governing body published a statutory notice (in accordance with the School Organisation (Prescribed Alterations)(England) Regulations 2007 (SI:2007 - 1289) (as amended). The notice was displayed at Deptford Green School and was published in the South London Press and the Lewisham Mercury. The statutory representation period ended on 25 th June 2011 . There has been no response to the Deptford Green notice which is attached as Appendix 7.

8. Responses to the Deptford Green consultation

8.1 Numbers of responses by category: Category of Respondent Numbers For Against Not sure/ Mixed Parent/Carer 0 0 0 0 School staff 5 5 0 0 Headteachers / Principals 8 6 0 2 Local Community / Governors 4 3 0 1 Local Authority 1 1 0 0 Other – YPLA 1 0 0 1 TOTAL 19 15 0 4

8.2 Overall 79% of responses were in favour, 21% not sure/mixed and 0% against. Most responses were received from Headteachers and Principals in Lewisham. 75% were in favour, 25% were not sure/mixed and 0% were against. The majority of responses to the consultation were in favour of the Deptford Green sixth form addition, and in particular all Lewisham Head teacher respondents welcomed the proposal. Some requested further information which was represented as a mixed view, and the Deptford Green governing body has addressed each request

The Local Authority Response 8.3 The Local Authority responded generally positively to the statutory proposal while spelling out areas of risk for the school. The response gave an offer of support to the school to work with them on the risks. The risks included the difficulties that Deptford Green School might face in adding a sixth form in the current economic and educational climate.

8.4 The Authority’s response is included in this report as Appendix 4. The identified issues relate to the following:

503 The demands for post-16 provision Deptford Green School and in the borough, taking into account students’ needs and wishes and the needs of employers 8.5 The Local Authority’s analysis of current provision to meet the needs of its post- 16 learners shows that there is over supply at Level 3, and under supply at Levels 1 and 2. The Local Authority recommended that Deptford Green Governors should consider the implications of the proposal’s focus predominantly on increasing the supply of academic Level 3 places.

8.6 KS4 attainment at Deptford Green is improving and is now at the national average. However 30% of Deptford Green leavers are still below level 2 and 13% of leavers below level 1. A number who have not achieved a Level 2 in English and/or mathematics may be looking post-16 for Level 2 and vocational Level 3 provision. The Local Authority therefore recommended that suitable courses for Level 1 and Level 2 learners should be part of the Deptford Green curriculum offer.

8.7 The Local Authority also recommended that governors should consider the risk that seeking to maximise the number of learners undertaking an academic Level 3 course might contribute to the large number of learners across the Borough already dropping out of Level 3 courses at 17.

8.8 The Local Authority reported that recent data from the YPLA indicate that the student post-16 population may reduce in London, with a consequent intensification of the competition between providers, especially for students seeking academic Level 3 courses. In 2011/12 the demand for post-16 places in London decreased by 0.6% (or 1025 places) and is predicted to further decrease by 0.5% yearly until 2019, after which it may improve as the current primary “bulge” impacts at post-16. In the light of reducing demand over the short to medium term, governors will want to consider the risks involved in Deptford Green attempting to secure a viable cohort in this increasingly competitive market.

8.9 The Local Authority also reported that other schools, including in Southwark, were proposing similar strategies to retain their pre-16 learners at post-16. In 2009 139 (c.62%) Deptford Green Year 11 learners went on to study at post-16 within Lewisham, and 86 (c.38%) progressed outside the Borough. Although the school has undertaken some investigation of learner preferences, which indicates a positive demand for Level 3 courses at Deptford Green, there is a need to consider the results of this market testing within the broader context of both development across the region and within the Borough. The extent to which Deptford Green’s plans for post-16 development are financially viable 8.10 Under the new YPLA funding arrangements for 16-19 education and training, as a new post-16 provider, Deptford Green would get a reduced allocation in its first and second years of delivery, and then only in the third year would move on to a “lagged numbers” approach which reflects the numbers recruited in the previous year. As the unit cost of school 6 th form funding will decrease significantly over the next three years, governors will want to consider carefully the revenue implications of the first two years of funding and the longer term sustainability.

504 The need to work in partnership through the Lewisham 14-19 Strategic Forum 8.11 The Local Authority stressed that the support of the Borough’s 14-19 strategic forum was important so that the implications of the proposal were considered in the round, in the context of Lewisham’s learner demand and need, providers’ ambitions and employer need. In the context of student-led choice, Lewisham, with the 14-19 Partnership, has statutory duties to ensure sufficient appropriate post-16 places, and to support the improvement of the quality of the education and training of young people aged 16-19.

Response from the 14-19 Forum 8.12 The Lewisham 14-19 Forum considered the proposal at its meeting of 1st March 2011. Although it noted some concern about the possible impact on Crossways 6th Form and the financial viability of the proposal in the current economic climate, no objections were lodged, and there was general agreement to the proposal. The 14-19 Forum also commented on the need to ensure the needs of the Borough, its learners and the labour market were met. Members questioned whether there might be a surplus of post-16 places in Lewisham, and Level 3 provision in particular. It was agreed that it would be left to individual institutions to respond to the consultation should they so wish, rather than give a collective written response from the 14-19 Partnership.

Responses from other stakeholders 8.13 As the Local Authority representative on Crossways Governing Body, Joan Millbank, Councillor for Telegraph Hill ward, raised a query over the future role of Deptford Green in a “soft” federation including Crossways. Commentary - The original “soft” federation existed between Deptford Green School, Addey and Stanhope School, Crossways Sixth Form, Catford High School (now Conisborough College) and Crofton School (now Prendergast Ladywell Fields College). Crofton left the federation when it joined the Prendergast “hard” Federation of Schools as Prendergast-Ladywell Fields College. Subsequently, because the Goldsmiths Trust negotiations involving Deptford Green and Addey and Stanhope were based on a geographical model, the status of Catford High School (now Conisborough College) within the soft federation was brought into question, and Conisborough College went on to develop as a partner school with Colfe's independent school. This left three remaining institutions in the “soft” federation, which now mainly consists of informal collaboration.

If Deptford Green acquires a 6 th Form, collaboration between Deptford Green, Addey and Stanhope and Crossways Sixth Form would continue. Even without this proposal Crossways governors are considering the next stage of development for the school to secure its sustainability. Crossways did not respond to the consultation and recognise Deptford Green’s wish to develop its sixth form. The Local Authority is supporting Crossways in its deliberations about how to strengthen their provision

8.14 Maxine Room, Principal, Lewisham College requested further information. Mike Pettifer, YPLA gave no opinion in his response but provided details on the post-16 funding model.

505 8.15 Ann Potter, Headteacher, Deptford Green School strongly supported the proposal as she felt the the opening of the sixth form would widen the offer locally and enrich 11-16 learning at Deptford Green.

8.16 Declan Jones, Principal, Haberdashers’ Aske’s Hatcham College and Richard Peers, Headteacher, Trinity Church of England School both strongly supported the proposal.

8.17 Mark Elms, Headteacher, Tidemill , Elizabeth Booth, Headteacher Dalmain Primary School and Michael Roach, Headteacher, all strongly supported the proposal.

8.18 Monica Cross, Principal, was not strongly for or against the proposal.

8.19 Deptford Green staff who responded to the proposal all strongly supported it.

9. Deptford Green reply to consultation responses

9.1 Request for more detail - Deptford Green governors replied to all respondents in a letter summarising all requests for information and queries. The letter is included in this report as Appendix 5. The reply emphasised that the school is working with the Local Authority and the 14-19 Strategy Partnership to ensure that the Deptford Green offer is in line with the local need.

A broader curriculum would be offered by working in partnership with Addey and Stanhope School, and possibly other schools and colleges, but that the Deptford Green sixth form will be autonomous and not part of a federation.

The Deptford Green sixth form accommodation is planned within the new Deptford Green (BSF) Building. Timetables for sixth form day will differ from times for the rest of the school to help maximise the potential usage new facility.

9.2 Meeting Local Needs – Deptford Green replied by emphasising their need to consider the issue of provision being under supply at Levels 1 and 2 in Lewisham. Deptford Green’s intention is to offer courses predominately courses at Level 3 with the possibility of the International Baccalaureate, but with some specialist vocational Level 2 courses and maybe Level 1 courses, especially to accommodate a new ASD resource unit, with the priority to ensure that the right students are on the right levels on the right courses to minimise dropout post-16.

The Deptford Green reply also suggested that many of its students come from disadvantaged backgrounds and that the school provides much of the stability and security in their lives. The school believes that the new sixth form will increase progress of their students and the participation at post-16.

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9.3 Competing in the market – Deptford Green replied that competition for places had been considered carefully but remained confident given their “21 st Century offer” in the new build and the “USP” of the International Baccalaureate.

9.4 Financial Viability – The Deptford Green reply advised that their sixth form cohort will be drawn mainly from Deptford Green students and is already a popular option for current KS4 students . Projections under the post-16 funding model suggested that funding would be one third of in 2012, half in 2013 and the full funding in 2014. The school is confident that it can set up and sustain a sixth form during the period with these levels of funding.

9.5 Raising Standards - The reply suggests that the sixth form will raise standards across the school through developing a higher culture of aspiration and a tangible goal for students at Key Stage 4. The sixth form will also help to attract even more high quality staff to the school and a more comprehensive cohort of students at Year 7 and year 12.

10. Factors to be considered by decision makers

10.1 In accordance with the legislative requirements the Mayor is now to decide on the statutory proposal having regard to the Guidance contained in the ‘decision making’ guidance and which is Appendix 8 of this report. The decision of the Mayor on the proposal to add a sixth form to Deptford Green School must be taken in accordance with the School Organisation (Prescribed Alterations to Maintained Schools)(England) Regulations 2007 (SI:2007 No. 1289) (as amended) and the Mayor must have regard to the Secretary of State’s guidance in reaching a decision on the proposal. Before considering the merits of the proposal, the Mayor must be satisfied that the following elements have been either complied with or considered:

10.2 Comprehensive information – The Mayor must be certain that the information required is available to make a decision. Commentary: All the information, as specified in the Secretary of State’s guidance, is contained in this report.

10.3 Does the published notice comply with statutory requirements? Commentary: The statutory notice complies with The School Organisation (Prescribed Alterations)(England) Regulations 2007 (SI:2007 - 1289) (as amended)). The Deptford Green Governing Body published a statutory notice in accordance with using the DfE’s ‘notice builder tool’.

10.4 Has the Statutory Consultation Been Carried Out Prior to the Publication of the Notice? Commentary: The statutory consultation was carried out in accordance with the Secretary of State’s statutory guidance on consultation. The consultation process allowed respondents four weeks in which to reply. Full details of the consultation process are contain in the guidance which is Appendix 8 of this report.

507 Copies of consultation documents were sent to all stakeholders likely to be affected by the proposal, including parents, staff, governors and local residents as well as other stakeholders specified in the DfE statutory guidance. The consultation documents were available on the School’s website.

10.5 Decision on the quality of the Consultation - The guidance states that, ‘If the requirements have not been met, the Decision Maker may judge the proposals to be invalid and should consider whether they can decide the proposals’. Commentary - The consultation process was planned and delivered by Deptford Green School Governing Body, in line with the Council’s own guidelines on consultation and in accordance with DCSF guidance, “the Education and Inspections Act 2006 (EIA 2006)” and “The School Organisation (Prescribed Alterations to Maintained Schools)(England) Regulations 2007 (Amended).”

The process will enable the Mayor and Cabinet to consider the views of stakeholders in the consultation process and in the widest and most transparent manner. All care has been taken to ensure no one was omitted from this process.

10.6 Are the Proposals Related to Other Published Proposals? Commentary – There are no related published proposals, although a proposal along similar lines for Addey and Stanhope School is expected in September 2011.

Crossways Sixth Form is reviewing its future direction to secure its sustainability. Crossways recognises the changing landscape of post-16 education and, within that, the increasingly competitive environment, and is aware of the need to adapt to meet new demands.

10.7 Effect On Standards And School Improvement – the statutory guidance states that the Government wishes to see a dynamic school system in which:  the best schools are able to expand and spread their ethos and success Commentary: As a Specialist, Leading Edge and Training School, Deptford Green has made a significant contribution to the improvement of standards of teaching and learning in Lewisham. KS4 attainment has been at or above the national average over the last 4 years and is judged by Ofsted to be improving.

5 A*-C grades including English and maths 2007 2008 2009 2010 Deptford 52%, 50% 41% 54% Green National 46% 48% 50% 54%

10.8 Standards - The Government wishes to encourage changes to local school provision which will boost standards and opportunities for young people, whilst matching school place supply as closely as possible to pupils’ and parents’ needs and wishes. Commentary: Young people should choose the provision at post-16 that best suits their needs, irrespective of the Local Authority within which the institution is situated. In the context of this policy of student-led choice, the LA has:  a statutory duty to ensure sufficiency of appropriate post-16 places;  a particular duty to support the institutional health of its maintained schools with (and without) sixth forms. 508

The proposal should be considered in relation to the current and future need and demand for post-16 places, and how well these are being met, not only within Lewisham but within a sub-regional South London context. Lewisham and the south-east generally need more Foundation Learning and Level 2 post- 16 provision, and there is an over supply of Level 3 provision as recognised by the YPLA.

Deptford Green has worked closely with the Lewisham 14-19 Partnership to consider the needs of local students in this age group and to support the Local Authority to deliver its statutory duties. The proposal takes into account the Lewisham statement of priorities for the post-16 curriculum. This includes:  Increase the breadth of Lewisham provision for vulnerable groups - LLDD, NEETs, teenage parents, and offenders.  Increase breadth of Apprenticeship provision available in Lewisham (5%).  Increase number of learners accessing Apprenticeship provision.  Increase the breadth of Level 1 and Foundation Learning provision.  Support planning across 'Travel to Learn' areas of London (residents).  Develop appropriate sector specific vocational provision that enables young people to progress into employment, Further or Higher Education (Level 2-3).

30% of Deptford Green leavers are below level 2, and 13% below level 1. In addition, as a result of a achieving a vocational qualification (generally BTECs), some Deptford Green leavers tend to achieve Level 2 which does not include English and maths. It is not the expectation that an 11-18 institution should make an appropriate 6 th Form offer to all its learners at 16. Many wish to, and do, move on to other institutions which provide the course they need at the appropriate level. In this respect, whilst it does not reflect the proportion of need at 16 for Level 1 and 2 courses at Deptford Green, in its 25% Level 2 and vocational offers the proposal makes a sound prospective contribution to meeting Level 2 and vocational shortages across the Borough.

Deptford Green will need to continue to work with the 14-19 Partnership to keep its curriculum offer closely under review to ensure it supplies an appropriate balance of course levels to meet learner needs across the Borough as well as its own post-16 demand.

10.9 Diversity - Decision Makers should consider how proposals will contribute to local diversity. They should consider the range of schools in the relevant area of the LA and whether the expansion of the school will meet the aspirations of parents, help raise local standards and narrow attainment gaps. Commentary: Adding a sixth form at Deptford Green School meets the statutory duty of local authorities to ensure sufficiency of appropriate post-16 places. Post 16 recruitment In 2009 139 (c.62%) Deptford Green Year 11 students went on to study at post- 16 within Lewisham, and 86 (c.38%) progressed outside. Deptford Green aims to recruit up to 100 students per year, mainly through internal progression, with around 75% undertaking Level 3 academic courses. Currently Deptford Green’s top five post-16 destinations are Christ the King RC College, Lewisham College, Crossways Sixth Form, Sydenham/Forest Hill 509 (SFH6) and Bromley College of Further and Higher Education. For the last three years an average of 133 of a cohort average of 191 Deptford Green learners have been progressing to these top five destination institutions (70%).

The supply of academic Level 3 places is currently very competitive in Lewisham and the sub-region, and competition is likely to increase as many existing 11-18 schools are trying to stimulate further demand in their own institutions. Deptford Green’s target recruitment is ambitious in this context, although the offer of the International Baccalaureate may be a recruitment incentive.

There is proven evidence of a large number of learners already dropping out of Level 3 courses at 17 in Lewisham and the region because of inappropriate Information, Advice and Guidance aimed at their retention by their home institution. Deptford Green will need to ensure that it offers independent and impartial careers guidance, as is the expectation.

Impact on the local area Within the locality of Deptford Green School there are other post-16 providers: Within the Haberdashers’ Federation, Haberdashers’ Aske’s Hatcham College offers mainly Level 3 academic courses; Crossways 6th Form offers Level 2 and Level 3 provision to learners, many of whom on entry have a relatively low points score at KS4; Lewisham College offers vocational programmes at Levels 1, 2 and 3; and Christ the King offer mainly academic Level 3 courses, and Level 2 (for further details see “impact of the proposal on top five destination institutions” below).

Deptford Green Sixth Form proposes to offer existing learners and young people from the local area a diverse curriculum offer at Levels 2 and 3, including the International Baccalaureate.

Impact of the proposal on top five destination institutions Crossways 6th Form

Crossways 6 th Form is in an improved position to manage the risk from the addition of a 6 th Form by Deptford Green school.

Crossways learners – student roll (Y12 and Y13) 2007/8 2008/9 2009/10 2010/11 May 2011 2011/12 Target Actual Target Roll 675 569 644 650 625 650

Over the last four years, Crossways has drawn the majority of its Lewisham schools intake from the schools within the original Crossways “soft” federation: Addey and Stanhope, Conisborough College, Deptford Green and Prendergast- Ladywell Fields.

2007 2008 2009 2010 Addey and Stanhope 8 16 51 13 Conisborough College 27 40 0 19 Deptford Green 32 39 68 17 Prendergast Ladywell Fields College 28 28 14 8

510 Although numbers from each of these schools reduced considerably by 2010/11, including a reduction of 400% in the case of Deptford Green, Crossways 6 th Form only experienced a small drop in its total roll in 2010/11, despite the increasing competition from Lewisham providers and those in surrounding boroughs.

For 2011/12 these schools are likely to provide a similar intake, along with other smaller numbers from other Lewisham schools, and a continuing substantial number from Southwark schools. The 2011/12 target of 650 is therefore still achievable if the school is proactive with its curriculum and marketing.

In 2012/13, when the Deptford Green 6 th form would open with a maximum intake of 100, the impact of Deptford Green not sending up to around 17 students (the number in 2010/11) to Crossways 6 th Form would be minimal as, if successful, Crossways new curriculum strategy would more than compensate.

Christ the King For the last three years an average of c.30 Deptford Green learners (mainly Level 3) have progressed to Christ The King (CTK). CTK offers Level 3 general and applied A levels, BTEC Nationals, the International Baccalaureate, and Level 2 BTECs. The impact of any Level 3 displacement will be more than offset by CTK’s significant oversubscription whether or not high achieving Deptford Green learners continue still to wish to progress to CTK because of its track record and reputation. However, if this is the case, there may be implications for the recruitment assumptions in the Deptford Green International Baccalaureate model. Sydenham / Forest Hill (SFH6 and previously part of the Hillsyde) SFH6 (Hillsyde) took in no Deptford Green students in 2009. On current trends the focus on L3 academic provision in the Deptford Green proposal is likely to have a negligible impact on learner numbers at FH/Sydenham and Sedgehill 6 th Forms. Lewisham College For the last three years an average of c.46 Deptford Green learners have progressed to Lewisham College. Lewisham College’s main offer post-16 is vocational programmes at levels 1 and 2. This proposal is likely to therefore have minimal impact. Bromley College of Further and Higher Education A small number of Deptford Green students progress to Bromley College. There is a high proportion of drop outs and success rates for 2 year programmes are therefore poor. Level 3 provision runs at about 50% of the Deptford Green intake of c12. This proposal is likely to therefore have minimal impact.

511 10.10 Equal Opportunity Issues - the Decision Maker should consider whether there are any sex, race or disability discrimination issues that arise from the changes being proposed. Similarly there needs to be a commitment to provide access to a range of opportunities which reflect the ethnic and cultural mix of the area, while ensuring that such opportunities are open to all.

Commentary: An EIA has been conducted with regard to this proposal and is attached to the report as Appendix 9.

10.11 Need For Places - Addition of post-16 provision by “high performing” schools - There should be a strong presumption in favour of the approval of proposals for a new post-16 provision where:  the school is a high performing specialist school that has opted for an applied learning specialism; or  the school, whether specialist or not, meets the DCSF criteria for ‘high performing’ and does not require capital support. Commentary: Deptford Green is a Specialist, Leading Edge and Training School. KS4 attainment at Deptford Green has improved to be consistently at or above the national average. The recent successful application for the International Baccalaureate candidacy status (Appendix 5) demonstrates that Deptford Green is a candidate school recognised as sharing a common philosophy — a commitment to high quality, challenging and an international education all students.

Undersubscription in Years 7-9 means that, when the school moves into its new accommodation in September 2012, there will be spare accommodation which would enable a 6 th Form to be accommodated. Staggering of the school day will also mitigate any pressures. However, when the Lewisham primary “bulge” reaches secondary schools in 2016/17, and if, as it is anticipated, Deptford Green fills progressively from Year 7 towards 11-16 capacity (1300), before the end of the decade it will need another solution to housing a 6 th Form, which is not yet part of an agreed plan.

10.12 View of interested parties - The Decision Maker should consider whether there are any sex, race or disability discrimination issues that arise from the changes being proposed, for example, that where there is a proposed change to single sex provision in an area, there is equal access to single sex provision for the other sex to meet parental demand. Similarly there needs to be a commitment to provide access to a range of opportunities which reflect the ethnic and cultural mix of the area, while ensuring that such opportunities are open to all. Commentary: Overall 72% of consultation responses were in favour, 28% not sure/mixed and 0% against. Most responses (55%) were received from other schools or parents. 70% were in favour, 30% were not sure/mixed and 0% were against. The Lewisham 14-19 Schools Forum agrees to the proposal.

The school’s 2010 Ofsted report indicated that over 87% of parents strongly agreed / agreed that they were happy with their child’s experience at the school.

Although the consultation process focused on a wide stakeholder audience the small number of respondents offers, despite being positive, a limited view of the local community’s views. 512

11. Financial Implications Revenue 11.1 New post-16 provision can be delivered by any approved provider and is funded on a lagged learner number basis. New post-16 providers will get an agreed allocation in their first and second years of delivery and then move on to a lagged approach as all other providers. There is no start up or growth funding available to new post-6 provision. It is expected that the initial funding will cover staffing costs. The post-16 funding to Deptford Green will be allocated in the following way:

Year one – starting point one-third of 66.6 learners based on long-term long-term capacity capacity of 200 Year two – double lagged numbers in Based on year one enrolment - if year 1 Deptford Green enrol 100 learners then funding will be for 200 Year three – fully lagged Based on year two enrolment

11.2 The revenue funding of the sixth form provision would be from the Young People’s Learning Agency (YPLA) and would not attract funding from the Dedicated Schools Grant and would not represent any call upon the general fund resources of the council.

11.3 The newly rebuilt school has been funded as a PFI project with a contractual commitment to FM services for the next 25 years. The unitary charge for these FM services will be a liability for the school to meet. The unitary charge is based upon the capacity pupil numbers of 1300. In the early years of the proposal it is anticipated that the 11-16 roll and that of the sixth form combined will not exceed the capacity roll of 1300. In those years the use of the school facilities by 16–18 year olds should not attract an additional unitary charge. If in subsequent years the sixth form provision is located elsewhere, the pupil numbers in the PFI premises should not exceed the 1300 capacity. However as some sixth form curriculum delivery will require access to specialist facilities in the main school building it is likely that this would impact the planned maintenance life cycle and hence the unitary charge. At this stage these costs are not capable of estimation but it would be a reasonable expectation that any marginal increase in the unitary charge that resulted should fall upon the revenue budget resources of the school in much the same way that they would if the school were to hire additional off site accommodation to deliver the sixth form curriculum.

Capital 11.4 The proposal will not involve any additional expenditure on the new build project nor is any capital expenditure proposed to facilitate use of alternative accommodation for sixth form curriculum activity. Further, post-16 capacity provision is the responsibility of the YPLA which would need to be approached for any capital provision outside that provided by the newly rebuilt school.

513 12. Legal Implications

12.1 The Guidance 2 for expanding a maintained mainstream school by adding a sixth form sets out the statutory and non-statutory requirements for alteration of upper age limit: 11.1.1 Local Authorities are under a statutory duty to ensure that there are sufficient school places in their area, promote high educational standards, ensure fair access to educational opportunity and promote the fulfilment of every child’s educational potential. They must also ensure that there are sufficient schools in their area, promote diversity and increase parental choice. 12.1.2 Expansion proposals are required when there is an addition of a sixth form from the proposers (LAs and school governing bodies) by a year or more. 12.1.3 There are five statutory stages to a proposal: consultation, publication, representation, decision and implementation. 12.1.4 Decision on proposals are taken by the Local Authority (Decision makers) and there is an appeals process. 12.1.5 Factors that are to be considered by Decision Makers are: effects on standards and school improvement; school characteristics; need for places; funding and land; special education needs provision; and other issues. 12.1.6 Any additional 16-19 provision where there is parental and student demand is governed by the Apprenticeships, Skills, Children and Learning Act 2009 and includes criteria: need for local collaboration; viability of existing post-16 providers in the local areas; and the improvement of standards. 12.1.7 There is a strong presumption in favour of approval where: the school is a high performing specialist school or meets the criteria for ‘high performing’; operates in partnership with other local providers; proposal are within the local 14-19 delivery plan; and there is a standard Schools Admissions Code.

12.1.8 The detail of these factors are set out in the Guidance and particular attention should also be paid to funding and land.

12.2 The Human Rights Act 1998 safeguards the rights of children in the Borough to educational provision, which the Council is empowered to provide in accordance with its duties under domestic legislation.

12.3 Section 14 of the Education Act 1996 obliges each local authority to ensure that there are sufficient primary and secondary schools available for its area i.e. the London Borough of Lewisham, although there is no requirement that those places should be exclusively in the area. The Authority is not itself obliged to provide all the schools required, but to secure that they are available.

2 The guide provides information on the procedures established by The Education and Inspections Act 2006 (EIA 2006) and The School Organisation (Prescribed Alterations to Maintained Schools)(England) Regulations 2007 (as amended by The School Organisation and Governance (Amendment)(England) Regulations 2007 which came into force on 21 January 2008 and The School Organisation and Governance (Amendment)(England) Regulations 2009 which came into force on 1 September 2009). The relevant provisions of the EIA 2006 came into effect on 25 May 2007

514 12.4 In exercising its responsibilities under section 14 of the Education Act 1996 a local authority must do so with a view to securing diversity in the provision of schools and increasing opportunities for parental choice.

The Education and Inspections Act 2006 places requirements on Authorities to make their significant strategic decisions concerning the number and variety of school places in their localities against two overriding criteria: • to secure schools likely to maximise student potential and achievement; • to secure diversity and choice in the range of school places on offer.

Section 19 of the Education and Inspections Act 2006 provides that where a local authority or the governing body of a maintained school proposes to make a prescribed alteration to a maintained school and it is permitted to make that alteration, it must publish proposals.

12.5 The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 provides that proposed enlargements of school premises which would increase the capacity of the school by more than 30 pupils and by 25% or 200 pupils ( whichever is the lesser), or changes to the age limit of a school are prescribed alterations which means that statutory proposals have to be published, and there must be a period of four weeks for representations before a decision is made.

12.6 If the Local Authority fails to decide proposals within 2 months of the end of the representation period the Local Authority must forward proposals and any received representations (i.e. not withdrawn in writing) to the Schools Adjudicator for decision within one week of the end of the two month period.

12.7 The Mayor, before making any decision regarding the expansion of a school or the change in the age range, must ensure that capital funding is in place, interested parties have been consulted, the statutory notice is published and there has been a four week period for representation.

12.8 The Equality Act 2010 (the Act) brings together all previous equality legislation in England, Scotland and Wales. The Act includes a new public sector equality duty (the equality duty or the duty), replacing the separate duties relating to race, disability and gender equality. The duty came into force on 6 April 2011. The new duty covers the following nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

12.9 In summary, the Council must, in the exercise of its functions, have due regard to the need to: • eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. • advance equality of opportunity between people who share a protected • characteristic and those who do not. • foster good relations between people who share a protected characteristic and those who do not.

12.10 As was the case for the original separate duties, the new duty continues to be a “have regard duty”, and the weight to be attached to it is a matter for the Mayor,

515 bearing in mind the issues of relevance and proportionality. It is not an absolute requirement to eliminate unlawful discrimination, advance equality of opportunity or foster good relations.

12.11 The Equality and Human Rights Commission issued guides in January 2011 providing an overview of the new equality duty, including the general equality duty, the specific duties and who they apply to. The guides cover what public authorities should do to meet the duty. This includes steps that are legally required, as well as recommended actions. The guides were based on the then draft specific duties so are no longer fully up-to-date, although regard may still be had to them until the revised guides are produced. The guides do not have legal standing unlike the statutory Code of Practice on the public sector equality duty, However, that Code is not due to be published until later in 2011. The guides can be found at: http://www.equalityhumanrights.com/advice-and- guidance/public-sector-duties/new-public-sector-equality-duty-guidance/

12.12 As set out in this report, in reaching a decision on the proposed establishment of a 6 th Form at Deptford Green, the Mayor must have regard to statutory guidance prepared by the Secretary of State. The relevant section of the Guidance is Appendix 7 to this report.

12.13 In deciding whether to agree the recommendations in this report, the Mayor must be satisfied that to do so is a reasonable exercise of his discretion on a consideration of all relevant matters and disregarding irrelevancies and having regard to all guidance that he is statutorily required to consider.

13. Crime and disorder

13.1 There are no direct crime and disorder implications arising from this report.

14. Equalities

14.1 An Equalities Impact Assessment (EIA) has been completed for the addition of a sixth form to Deptford Green School attached as Appendix 8. In common with all aspects of education in Lewisham, close equalities monitoring will take place to assess the impact of proposal upon admissions to other local school and post-16 providers. Also careful monitoring will take place to calculate the impact of the disproportionate gender mix of learners currently on roll on future admissions.

15. Environmental implications

15.1 There are no direct implications arising from this report as the proposal for the addition of a sixth form to Deptford Green School is part of a new BSF build.

516 16. Conclusions

16.1 Overall 79% of responses were in favour of the proposal, with none against. The school has addressed points arising in the consultation, in particular the need to improve the balance of levels of courses it proposed to offer. Although concerns have been raised in particular about the school entering a very competitive market for Level 3 provision, and about the possible impact on Crossways 6 th Form, both these institutions will continue to be supported by the Local Authority and the Lewisham 14-19 Partnership in developing and fulfilling their respective visions for the future, and, in so doing, meeting the needs of Lewisham learners. In the context of national policy to encourage new providers into the market, the Mayor is therefore recommended to agree to Deptford Green acquiring a 6 th Form from September 2012.

17. Background documents

Appendix 1: Deptford Green statutory proposal Appendix 2: Deptford Green consultation letter Appendix 3: Deptford Green International Baccalaureate letter Appendix 4: Local Authority response to consultation Appendix 5: Deptford Green letters of reply to the response for more detail Appendix 6: Deptford Green Statutory Notice Appendix 7: Statutory Guidance Appendix 8: Equalities Impact Assessment (EIA)

All appendices are available on the Council website at: http://councilmeetings.lewisham.gov.uk/ieListDocuments.aspx?CId=139&MId=2016

For further information on this report, please contact Chris Threlfall, Head of Education Development, on extension 49971 [email protected]

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