CARDIFF COUNCIL CYNGOR CAERDYDD COUNCIL: 31 JANUARY 2013 REPORT OF CHIEF LEGAL & DEMOCRATIC SERVICES OFFICER & MONITORING OFFICER AGENDA ITEM: APPOINTMENT OF LOCAL AUTHORITY, PARENT AND STAFF SCHOOL GOVERNORS TO NEW TEMPORARY GOVERNING BODY Reason for this Report 1. To appoint Local Authority, Parent and Staff School Governors to a new temporary governing body for the New School in the East of Cardiff. Background 2. The New Maintained Schools (Wales) Regulations 2005 state that where any proposals to establish a maintained school have been published under any enactment, the local authority may make arrangements to appoint Governors to Temporary Governing Bodies under Section 34 of the 2002 Act in anticipation of the approval of the proposals or in anticipation of a determination by the authority that the proposals should be implemented. The Council’s Cabinet at its meeting of 6th December 2012, has accepted a number of recommendations on improving standards in education in the East of Cardiff, including the following: • To create a single high school in the East. This is following an earlier consultation undertaken in January 2012 and recommends publishing a Statutory Notice to formally close Llanrumney and Rumney High Schools from August 2014 to create one single school. Subject to the outcome of the Statutory Notice, the new school would begin its life on the existing Rumney site until brand new premises can be opened in 2016. A further consultation with the community will be held in the New Year to decide where the new school should be built. • A temporary governing body for the proposed replacement school to be established that would secure the appointment of a Headteacher for the new school to take up post from September 2013. A temporary governing body now needs to be established for the proposed replacement school. Issues 3. Where the need for a temporary governing body arises, it is the statutory duty of the Council to appoint the Local Authority, Parent and Staff Governors. Reasons for Recommendations 4. To ensure that the Council fulfils its statutory functions. Legal Implications 5. Section 34 of the Education Act 2002 and Part 5 of the New Maintained schools Wales Regulations 2005 set out the arrangements that need to be put in place for the government of new maintained schools. 6. In accordance Section 34 of the Education Act 2002, there is a requirement upon the local authority to make arrangements for the constitution of a temporary governing body. Regulation 5(1) of Part 2 of the New Maintained Schools Wales Regulations 2005 enables the local authority to put in place arrangements to establish a temporary governing body for a new maintained school once proposals for the new school have been published via a statutory notice 7. The proposals for the new school have now been published. There is now a requirement under regulation 7 and schedule 1 of the Government of maintained schools wales regulations 2005 for the local authority to appoint of the Local Authority, Parent and Staff Governors. 8. All decisions taken by or on behalf of the Council must (a) be within the legal powers of the Council; (b) comply with any procedural requirement imposed by law; (c) be within the powers of the body or person exercising powers on behalf of the Council; (d) be undertaken in accordance with the procedural requirements imposed by the Council, e.g. standing orders and financial regulations; (e) be fully and properly informed; (f) be properly motivated; (g) be taken having regard to the Council’s fiduciary duty to its taxpayers; and (h) be reasonable and proper in all the circumstances. Financial Implications 6. There are no financial implications arising from this report. Recommendation 7. The Council is asked to agree: 1. the appointment of LA, Parent and Staff School Governors to the Temporary Governing Body as listed in Appendix 1. MELANIE CLAY Chief Officer, Legal & Democratic Services and Monitoring Officer 24 January 2013 The following Appendix is attached: Appendix 1 List of Local Authority, Parents and Staff School governors for appointment to temporary governing body, with criteria for appointment Table 1 Details for temporary governor appointments The following Background Documents have been taken into account: The New Maintained Schools (Wales) Regulations 2005 (Parts 3 and 4) Appendix 1 Appendix 1 – Appointments to the Temporary Governing Body for the proposed new school in the East of Cardiff School Ward Nominated Current Governing Body Date of Current by Appointment to Position Current Governing Body Local Authority (5 x LA appointments required) Councillor Robert Derbyshire Rumney High School October 1999 Chair of Governors Rumney Primary School September 2008 Vice Chair Councillor Keith Jones Llanrumney High School September 2012 Pen Y Bryn Primary School June 2012 Llanrumney High School February 2005 Chair of Governors Councillor Derek Morgan Bryn Hafod Primary School September 1999 Chair of Governors Mr Mike James Awaiting further information of any experience on Governing Bodies of other Local Authorities Mr John Marshall Llanrumney High School February 2008 Dr Bablin Molik Willows High School November 2012 Mr Paul O’Shea Awaiting further information of any experience on Governing Bodies of other Local Authorities Table 1 – Appointments to the Temporary Governing Body for proposed new school in the East of Cardiff – Full Council, 31st January 2013 Appendix 1 School Ward Nominated Current Governing Body Date of Current by Appointment to Position Current Governing Body Rumney High School February 2001 Mr Geoff Parry Bryn Hafod Primary School February 2005 Mr Andrew Powles Llanrumney High School September 2012 Mr Mark Roberts Awaiting further information of any experience on Governing Bodies of other Local Authorities PARENT (6 x Parent Governor appointments required) Mr Andrew Boughton Rumney High School November 2010 Mr Robert Hockey Rumney High School November 2010 Mr David William Mawn Rumney High School February 2010 Mr Phillip Oaten Rumney High School November 2011 Mrs Susan Perry Llanrumney High School October 2012 Llanrumney High School October 2012 Mrs Claire Robertson Bryn Hafod Primary School September 2004 Table 1 – Appointments to the Temporary Governing Body for proposed new school in the East of Cardiff – Full Council, 31st January 2013 Appendix 1 School Ward Nominated Current Governing Body Date of Current by Appointment to Position Current Governing Body STAFF (1 x staff appointment required) Mrs Patricia Guy Llanrumney High School September 2012 Notes • Applications are from current governors and self nominated individuals • Governors can serve on two governing bodies and also a temporary governing body • The New Maintained Schools (Wales) Regulations 2005 state that “any person responsible for the appointment of a person as a temporary governor mush have regard to the desirability of that person being suitably experienced. A person is defined as being suitably experienced if he or she has served as a governor or a temporary governor of a maintained school. • In the case of parent governor appointments, The New Maintained Schools (Wales) Regulations 2005 state that “no person may be appointed as a temporary parent governor of the new school unless – (a) he or she is the parent of a child who is to become a registered pupil at the school (b) where it is not reasonably practical to appoint such a person, he or she is the parent of a child of compulsory school age.” All applications from parent governors meet these criteria. Table 1 – Appointments to the Temporary Governing Body for proposed new school in the East of Cardiff – Full Council, 31st January 2013 Information to support nominations for temporary governing bodies for proposed new school in the East of Cardiff – Table 1, Appendix 1 LA Governor Positions (5 vacancies, 10 nominations) Councillor Robert Derbyshire As local ward member and Chair of Governors at Rumney High School, my knowledge and experience will be invaluable on the temporary governing body. In addition to this, I have served as a governor of Rumney Primary School for many years and also have experience of serving on temporary governing bodies. Councillor Keith Jones I am a Llanrumney ward councillor and am a governor at both Llanrumney High School and Pen-y-Bryn Primary School in Llanrumney. I am a former Llanrumney High School pupil and have extensive knowledge of local situation in terms of educational and community context. Enthusiastic to contribute more. Councillor Derek Morgan I have served as a governor for Llanrumney High School and think that my local knowledge would be invaluable. Mr Mike James As a Chief Executive of a local Further Education College I could offer wider Post 16 progression, support, knowledge and ideas. Working inside the Partnership with my skills would provide students and the community with improved progression opportunities. Mr John Marshall I have been involved from the start with the New School Progress and have an interest in the education of our Young People. I have been involved with education for a long number of years and feel I have something to offer. Dr Bablin Molik I am an active community member, with keen interest in seeing children from diverse and deprived communities achieve their best within education. Being an ethnic minority woman, educated in Cardiff and now running a local Saturday School in Splott, I will be able to contribute to this governing body through my commitment and passion to see children succeed. Information for Council Meeting 31.01.2013/Table 1, Appendix 1 1 Mr Paul O’Shea I have skills and experience in leadership, management and communications. We have a four year old daughter at Bishop Childs Primary School, which is within the catchment area of the new school. I am keen to regenerate secondary education in Cardiff, which is clearly not successful at present in meeting high aspirations.