CARDIFF COUNCIL CYNGOR CAERDYDD

EXECUTIVE BUSINESS MEETING: 6 NOVEMBER 2008

SCHOOL ORGANISATION PLANNING: PROVISION OF WELSH MEDIUM AND ENGLISH MEDIUM COMMUNITY PRIMARY SCHOOLS IN CANTON – CONSIDERATION OF OPTIONS.

REPORT OF CORPORATE DIRECTOR (SOCIAL) AGENDA ITEM: 7

PORTFOLIO: EDUCATION & LIFELONG LEARNING

Reason for this Report

1. In the light of the decision on the 14 July 2008 to enable the Executive to consider whether any further options are to go forward for public consultation.

Background

2. At its meeting on the 19 December 2007 the Executive received a report outlining a number of recommendations relating to proposals which responded to the rising demand for Welsh Medium Education in , whilst also addressing the issue of surplus English Medium places. At this meeting the Executive agreed to go out to public consultation on the following proposal (Min No 104):

• “To close Lansdowne Primary School and redistribute its catchment between Radnor, Severn and Kitchener Primary Schools, establishing these as two forms of entry English Medium Schools, each with nursery provision. • To relocate Ysgol Treganna onto the Lansdowne site as a 2 FE Welsh- medium Primary School with nursery. • To explore the subsequent arrangements of the catchment areas for both English-medium and Welsh-medium provision in this area”.

3. Public consultation was held between 21 January and 20 March 2008. Parents, young people and others in the local community, together with staff and Governors of the affected schools were invited to respond to this consultation.

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4. Following consultation officers reported back to the Executive on 14 July 2008 and as far as the proposals concerning Lansdowne and Treganna Schools were concerned the following was agreed (Min No. 24):

“(6) – Officers work on options appraisal and feasibility particularly in relation to community, educational and financial criteria around Lansdowne/Ysgol Treganna Primary Schools and report back to the Executive in the Autumn of 2008 recommending the way forward, noting that any option other than that currently proposed would require a new period of consultation”.

“(9) - The impact that current overcrowding has on educational provision within Ysgol Treganna be recognised and Officers be instructed to commence immediate discussions with Radnor Primary School and Ysgol Treganna with the purpose of achieving improved facilities for Ysgol Treganna within the site until such time as a final decision is made by the Executive on school arrangements in the area“.

Consideration of Further Options

5. Officers have undertaken option appraisals in respect of a number of alternative options. All the appraisals have been carried out in the context of, and informed by:

• The Schools Strategic Framework • Education benefit to be derived from said proposal • Technical feasibility • Compliance with the financial models for school reorganisation • HR implications • A risk assessment

All appraisals have also been informed by consultation with other relevant Service Areas including Housing & Neighbourhood Renewal, Highways & Transportation and Culture, Leisure & Parks.

6. Officers also had regard to the decision of the Executive dated the 14 July 2008 (Min No 18) which

i. Noted the Capital Vision document as setting out the key issues to be taken forward by the Council

ii. Approved Appendix C as an addendum to the Corporate Plan 2008/11 for consideration by Council.

The relevant paragraph of Appendix C reads as follows:

“Capital Vision seeks to raise standards of achievement for all learners and to support this by enhancing the leadership of schools. It also sets out the commitment to making better use of school buildings so that they become more community focused. Increased standards and an investment plan for delivering 21st Century Schools - including the establishment of the third Welsh-medium secondary school, proposals

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in relation to educational provision in Canton and progress on Integrated Children’s Centres - form part of the school organisation planning proposals that are currently being progressed by the Council’s Schools Sub-Committee as indicated in the Corporate Plan, (Objectives SO6, SO7 and SO10) and which will continue to be addressed through the statutory consultation process”.

Alternative Site Provision for a Welsh- medium Primary School

7. The most important drivers for school reorganisation within this area of the City are the increasing pressure on Welsh-medium school places and the need to deliver a reduction in surplus school places. Officers were asked to consider a number of possible sites to facilitate the construction of a 2 form entry Welsh-medium primary with nursery provision. A number of sites came forward which are set out below:-

• Arjo Wiggins - Land not owned by the Council. Potential issues regarding early acquisition of site and high land costs. No guarantee it could be used for a school site. • Pontcanna Fields (Changing Rooms/Car Park) - The changing facilities and car park serve large and intensively used playing fields. • Suffolk House - Insufficient land near busy road junction. In a long-established residential area • St Winifreds Nursing Home - Potential high acquisition costs, therefore unaffordable. In a long-established residential area • - See paragraph 11 below.

These were assessed in accordance with the detail contained in paragraph 5 above. The first 4 were considered to be unviable for reasons which primarily related to site, and location and unrealistic financial costs. Further details of the evaluation of these sites are provided in the background papers to this report.

The original proposal (Option 1)

8. In summary, the original proposal which was reported to the Executive on the 14 July 2008 was:- to close Lansdowne Primary School and redistribute its catchment area between Radnor, Severn and Kitchener Primary Schools, establishing these as 2 form entry English-medium schools, each with nursery provision; to relocate Ysgol Treganna onto the Lansdowne site as a 2 form entry Welsh-medium primary school with nursery; to explore the subsequent arrangements for both English-medium and Welsh-medium provision in that area. The detailed assessment of this option is included in Appendix 1, but in summary the Lansdowne Primary School site is in a suitable location for a Welsh-medium school serving the Canton area and it was the officer view that English-medium demand within the Lansdowne catchment area could be accommodated in other local schools.

9. During the consultation there was strong opposition to the closure of Lansdowne Primary School on the grounds that it was a popular and successful multi-cultural school that served its local community well. The

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proposal in so far as it related to Welsh-medium provision was welcomed by the Ysgol Treganna community as a solution to the significant over-crowding that they currently faced in their existing educational space. At the time of the consultation between January and March 2008 Lansdowne Primary School had the highest number of surplus places of any English-medium school in the Canton area. This is still the situation in September 2008.

10. Since the original consultation, the demand for Welsh-medium places has increased to such an extent that further capital investment for Welsh-medium provision will soon be needed. Both options allow for some resources to assist with meeting this increased demand pending full implementation of any proposal. The original proposal would not preclude an option to build a new one-form entry primary school on the Fitzalan High School site should demand for either English or Welsh-medium increase significantly in the medium or longer term. The total projected costs for this option as assessed in the initial development appraisal are £1.810m which is within the agreed financial model. This figure allows for a range of improvements including works on Priority 1 and disability discrimination (DDA) in the school buildings. The costs include a general contingency allowance of 10% and are adjusted for construction cost.

Fitzalan High School (Option 2)

11. Arising from the process outlined in paragraph 7 above, officers have developed an alternative proposal to address the provision of English and Welsh-medium primary education within Canton as follows:-

• To transfer Lansdowne Primary, reduced in size to a one form entry English-medium Primary School with nursery to Fitzalan High School site in new build premises. • Ysgol Treganna to move to occupy the current Lansdowne School site as proposed in the original consultation documents. • Radnor Primary School to include provision for a nursery, by adaptation.

The detailed assessment of this option is included in Appendix 2, but in summary the Fitzalan High School site is owned by the County Council and has sufficient land to accommodate a one-form Primary School with Nursery. However this option would involve the removal of existing hard and soft play areas from Fitzalan High School and there would therefore be a need to provide new compensatory provision possibly including playing field pitches. The option partially reduces English-medium surplus capacity in the area and allows flexibility for any significant future increases in English-medium demand.

12. The proposal increases the Welsh-medium provision from one form entry in currently unsuitable premises to two form entry in suitable premises and provides a new facility for approximately 200 English-medium pupils. The total projected costs for this option are assessed at £5.486 million. This figure includes an investment programme sufficient to effect the changes in provision required and significantly contributes to priority one repair and

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disability discrimination (DDA) issues. The costs include a general contingency allowance of 10% and are adjusted for construction cost inflation. The additional financial resources required for this option have not been identified within the existing model. There are no financial capital sources within the Council’s existing capital programme to deliver the shortfall of funding associated with this option, of £4.236m. In addition the provision of a 1 Form entry English-medium primary school would not be in accordance with the objective outlined in the Strategic Framework, to create primary schools ‘organised preferably with 2 forms of entry’.

13. If the Executive decision is to undertake a further period of consultation to include this as one option and the original proposal as the other, this consultation would need to include the communities (governing bodies, staff and parents) of all the English and Welsh-medium primary schools in the Canton area, and of Fitzalan High School. This consultation would also need to include the issue of revising catchment areas for the English and Welsh- medium primary schools.

Consultation

14. Both of these options will require a further process of consultation. The relevant details of this consultation and the provisional timescales leading to completion of either option are included in Appendix 3.

Reasons for Recommendations

15. To achieve a better match between the supply and demand of Welsh-medium and English-medium primary school places in the Canton area.

Legal Implications

16. Where a Local Education Authority (LEA) proposes to establish a new community school, or to make any prescribed alteration to an existing community school (such as a transfer to a new site), the LEA must publish its proposals in a statutory notice. The proposals must contain such information, and be published in such manner, as may be prescribed by section 28(3) of the School Standards and Framework Act 1998.

17. The proposals may, if the LEA thinks fit, specify an age below 10 years and six months and an age above 12 years, and provide that the school to which the proposals relate is to be a school providing full-time education suitable to the requirements of pupils whose ages are between the ages so specified.

18. Before publishing any such proposals, the LEA must consult such persons as appears to it or them to be appropriate; and in discharging this duty the LEA must have regard to any guidance given from time to time.

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19. The LEA must send a copy of the published proposals, and such information in connection with those proposals as may be prescribed, to the National Assembly for .

20. Similarly where an LEA proposes to close a community school, the LEA must publish its proposals in a statutory notice. The proposals must comply with the requirements of Section 29(3) of the School Standards and Framework Act 1998. Before publishing any such proposals the LEA must consult such persons as appear to it to be appropriate; and in discharging this duty the LEA must have regard to any guidance given from time to time.

21. The LEA must send a copy of the published proposals, and such information in connection with those proposals as may be prescribed, to the National Assembly for Wales. The published notices would allow a period of two months from the date of publication of the notice, for formal objections to the proposals. If there are no formal, written objections the Council would confirm its decision to proceed unless the Welsh Assembly Government indicated to the Council that it wished to determine the proposal. If there are objections, the Council would address the objections to the Assembly and the Welsh Assembly Government would take the final decision.

22. Some basic requirements of the consultation process are essential if it is to have a sensible content.

1. The consultation must be at a time when the proposals are still at a formative stage, ie before the mind of the executive becomes unduly fixed.

2. Sufficient reasons must be given concerning any proposal so that intelligent consideration and responses is permitted.

3. Adequate time must be given to for consideration and response.

4. Proper regard must be had to the outcome of the subject of consultation before making a final decision about the proposals.

Failure to comply with the duty to consult – or to consult in a proper manner - may be held by the Courts to render an action or decision ultra vires and void.

Consultation should not be a referendum.

There is a difference between consulting in circumstances where there is an explicit statutory right to be consulted and where there is a ‘legitimate expectation’ of consultation. The duty of the LEA to consult appropriate persons under section 28 of the School Standards and Framework Act 1998 for the establishment and alteration of schools does not give parents a statutory right to be consulted. However, in the interests of fairness, it does give rise to a legitimate expectation that they will be given a fair opportunity to constructively criticise the proposal and express their own preferences about it. It should also be noted that a failure to consult in the case of a ‘legitimate

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expectation’ could be cured in the Welsh Assembly Government’s later decision making process. [R v Gwent County Council ex p Bryant [1988]]

23. The legal implications as they relate to the current proposals:

The consultation process in relation to the original proposal (to close Lansdowne Primary School; distribute its pupils between Radnor; Severn and Kitchener Primary School and to relocate Ysgol Treganna onto the current Lansdowne site) has been carried out, with the parties then affected.

There has been no consultation in relation to the subsequent option which is to transfer Lansdowne Primary School (reduced to a one form entry Primary School with Nursery) to a new build school within part of the land currently occupied by Fitzalan High School; and to move Ysgol Treganna onto the current Lansdowne site.

The latter option must be the subject of consultation if it is to avoid being rendered ultra vires and therefore void. All affected parties must now have the opportunity of commenting on the original proposal.

Relevant Considerations

24. Where the Local Authority exercises its powers for proper purposes it must take into account relevant considerations and must not take into account irrelevant considerations. If the Local Authority fails in this duty it could face a legal action in Judicial Review. The courts will identify the relevant considerations germane to the exercise of a statutory power, and will quash such exercise if those considerations are ignored or if irrelevant considerations are taken into account.

25. What is or is not a relevant consideration in any case will depend on the statutory context. The Local Authority must have regard to matters material to its statutory obligation not to act in a way which is incompatible with human rights. The financial cost implications of the Local Authority’s action or proposed action will be relevant. The courts will also require the Local Authority to have regard to an implied fiduciary duty owed to rate payers in respect of the funds at the Local Authority's disposal. Fairness to persons (rate payers) affected by a proposal will be a relevant consideration to be taken into account. The weight to be given to a relevant consideration is a matter for the Local Authority, however the Local Authority is always open to legal challenge by way of Judicial Review if the Local Authority has acted unreasonably. All of the above must be taken into account when determining which of the two options are preferred.

Financial Implications

26. Proposals for increasing the permanent provision of Welsh medium primary schools were previously presented to the Executive in July this year. The proposals in respect of Welsh and English primary schools in the Canton area

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were deferred for further analysis and general resources of £1.4M were identified as available for this later phase.

27. This report brings forward the original option and an alternative. Table One identifies the net cost of the original option as £1.028M. This can be fully funded from the remaining resources retained within the financial model after the July 2008 report. The alternative option has a net cost of £5.636M which reduces to a shortfall in resources of £4.236M after remaining general resources of £1.4M are taken into account.

Table One: School Organisation Plan: Options for provision within the Canton Area

Option 1 Option 2 £ Millions £ Millions

Capital Scheme Costs 1.810 5.486 Organisational Restructure Costs 0.250 - Revenue (Savings) / Costs (1.032) 0.150 Total Scheme Cost 1.028 5.636

General Resources (1.400) (1.400)

Net Shortfall (Surplus) (0.372) 4.236

28. The recommendations request that the Executive either approve the original option or undertake further consultations on both options. It should be noted that additional resources are not available to fund the shortfall identified in the alternative option. This means that the shortfall funding would either reduce the funding available for the remaining proposals within the East of Cardiff by £4.236M or be financed from additional Prudential Borrowing.

29. The risks attached to the former incremental approach must be highlighted, particularly since resources for the remaining proposals had already been reduced due to the costs identified in the proposals agreed in the July Executive report.

30. In undertaking borrowing through the Prudential Code, Council must be mindful of financial sustainability in the medium term. The 2008/11 Capital Programme approved in February 2008 included Prudential Borrowing of £29.3million and adding a further £4.236million (equivalent to 0.3% Council Tax increase per annum for 25 years) at this stage needs to be considered as part of a full review of the capital programme as part of the budget for 2009/10.

31 The financial model for the reorganisation of these primary schools will be complex especially as the costs and funding sources will in most cases be inter-related and the period of implementation will span a number of years.

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The interim financing of the model will be challenging as the costs of reorganisation will for some funding sources be incurred in advance.

Investment Programme

32. The investment programme costs included in the model previously were based on Initial Development Appraisals (IDAs). Further work to the financial model has identified that the investment programme is sufficient to effect the changes in provision required. It significantly contributes to priority one repair and disability discrimination (DDA) issues for affected primary schools. Also included, for new build, is a provision for carbon reduction measures which is vital if the Council is to meet its stated target of 60% reduction in carbon emissions by 2018.

33. In recognition of the remaining assumptions within the model an additional general contingency sum of 10% has then been added and the figures have then been adjusted for estimated construction cost inflation over the life of the model. It should be noted that construction cost inflation has reduced sharply since the model was previously presented to Council. These reductions have been factored into the financial model. However in the present climate the construction market is very susceptible to financial pressures which invariably make it extremely difficult to make such predications with any confidence.

Organisational Restructure Costs

34. Organisational restructure costs of £0.250M have been included in Option 1 to allow for the additional costs associated with the school closure. The investment programme contains provisional sums to facilitate transport improvements. However its does not include revenue monies that may be required to finance changing transport provision and this will need to be identified as part of the medium term financial plan.

Net Revenue Realisation of Surplus Places

35. For the guidance of Members, capital expenditure of £1 million will generate capital charges to the revenue account of circa £100,000 per annum for 25 years. Revenue savings of £0.103M have been identified from Option 1, this then supports capital expenditure of £1.032 million. This relates to monies identified as schools are closed and monies are made available from the delegated budget that were previously used to maintain and manage the building, for example heating, lighting, cleaning and rates.

Financial Risks

36. It should be noted that a number of financial risks are attached to both this and the previous proposals. The size of the overall financial package for the School Organisation proposals highlights the significant cumulative financial risks attached, particularly the project management capacity required to manage all these risks effectively. A full risk register is attached as Appendix

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4. These risks will need to be regularly monitored and mitigation steps taken wherever possible to reduce the residual risk

Key general risks include:

• changing scope of work following the design briefing process; • the management of cost over-runs and building inflation exceeding contingency levels; • the potential for underachievement of revenue savings; • the cash flow impact in the timing of expenditure and income; • the potential for the revenue costs of closing schools and opening others to be higher than estimated; • The additional risks attached to taking an incremental approach to the implementation of these proposals; • The current economic climate leads to additional uncertainty around the costs included within the financial model;

In addition the financial implications of bringing forward some sections of the initial proposals in advance of others will need to be monitored carefully. As part of the exercise to mitigate risks a task and finish group is considering the role that a strategic partner might take in delivering the School Organisation Programme and the return that they would require to take on risks.

HR Implications

37. A Human Resources Framework has been produced in consultation with key stakeholders including headteachers, governors, representatives of the diocesan authorities and the trade unions. It provides the basis for managing the human resources issues associated with School Organisation Planning and its purpose is to support governing bodies and staff working in schools, through a variety of strategies and with the ultimate aim of minimising compulsory redundancies.

38. Human resources strategies and action plans specific to each separate type of reorganisation proposal have been developed to ensure that the human resources issues are properly planned for and managed during the period of change. Whilst these strategies and action plans will form the basis of significant support provided by the Council to schools, the respective roles and responsibilities of key stakeholders will be fully described. Each strategy and action plan will be further developed by individual governing bodies and the Council, in consultation with the trade union representatives and staff, so that they meet the needs of individual schools and take into account the timescales for the implementation of the proposals. A fundamental aim of each strategy and action plan will be to ensure that appropriate staffing levels are maintained throughout the period of change for individual schools.

39. A key aspiration for the Council is to achieve staff reductions as far as possible through redeployment rather than voluntary or compulsory means. Therefore the Council is committed to maximising opportunities for school staff to secure employment in other schools in Cardiff, and in particular, in

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new schools which are established as a result of the agreed proposals. The Staffing of Maintained Schools (Wales) Regulations 2006 delegate to school governing bodies all decisions in relation to the appointment and dismissal of staff, therefore, in order for redeployment to work effectively a partnership approach is required across all school governing bodies. In order to secure this a Redeployment and Redundancy Policy and Procedure has been commended to and adopted by 97% of school governing bodies. This is an excellent indication of the commitment across Cardiff schools to supporting each other through budget difficulties and school reorganisation. People and Organisational Development, with the support of the Chief Schools and Lifelong Learning Officer, will continue to work with those governing bodies that have not yet adopted the policy with the ultimate aim of securing 100% adoption. Comprehensive guidance has been developed to support the practical organisation, management and administration of the redeployment process and successful redeployments are taking place.

40. The specific options highlighted in this report will have different human resources issues and these are as follows:

Lansdowne Primary School has permanent arrangements at Headteacher and Deputy Headteacher level. The school currently employs 18 teaching staff and 25 support staff. The support staff consists of 13 Classroom support, 2 Admin/Clerical support, 9 Lunch-time supervision, and 1 Caretaking. Not all these staff are full-time.

Should the proposal to close the school go ahead, as outlined in Option 1, some staff could, if they chose, be in a position to access their retirement benefits. Through individual staff meetings the aspirations of these staff will be sought in order to fully assess the redeployment needs. Once timescales for closure are confirmed officers will work with the school senior management to anticipate the curriculum and staffing needs and determine the level of staffing reductions required year on year.

It is anticipated that vacancies in the Primary sector in Cardiff will provide potential opportunities for the redeployment of staff from Lansdowne Primary School with the aim of avoiding compulsory redundancies. Staff may choose to move on in the period leading up to closure and although this may coincide with any need to reduce staffing levels year on year, this may present recruitment needs for which temporary arrangements can be made. Changes to the catchment areas of other schools in the locality will be reviewed and increases in staffing levels in those schools will be regarded as redeployment opportunities.

Under Option 2, the HR implications arising from a reduction to a 1 form entry school will be carefully assessed and the school provided with appropriate support to achieve the required reduction in staffing levels year on year. Through the redeployment arrangements outlined above the Council would seek to minimise the need for compulsory redundancies.

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General

41. Any type of organisational change is likely to impact on staff behaviour patterns and motivation. It is therefore essential that staff have definitive information on the proposals for the school in which they work and have access to appropriate levels of support both from within the school and from the Council.

42. Communication processes will need to be clear in order that governing bodies and staff affected by proposals receive information must be delivered in a sensitive and timely way.

43. The Schools and Lifelong Learning Service has regularly engaged with the trade unions on the broad development of the school organisation proposals. In particular there has been extensive consultation on the Human Resources Framework through the Schools & Lifelong Learning Service Area Joint Committee, the Works Council and also the Schools Sub-Committee which has trade union representation. The trade unions have welcomed the Human Resources Framework and the Council’s commitment to allow school support staff access to the same level of support and salary protection as teachers have through their national pay, terms and conditions. They have specifically requested that teachers are encouraged to participate in training programmes available for Welsh speaking staff, and that in the absence of any similar Wales Assembly Government provision for school support staff that the Council provide a suitable programme.

44. The trade unions are keen that school staff can have access to high levels of support through the process of school organisation change. Trade unions will be invited to engage with individual school organisation proposals through the regular meetings with officers and at schools. The trade unions expect that clear communication arrangements are put in place at Council and at individual school level between officers, governing bodies, school leadership teams and staff. They have stated that greater demands will be placed on trade union representatives supporting school staff and have called for a substantial increase in facilities time to ensure that their members are properly supported.

45. The trade unions acknowledge the high percentage of school governing bodies that have adopted the Redeployment and Redundancy Policy and Procedure. Whilst acknowledging that appointment decisions are delegated in law to school governing bodies they have a shared expectation that governing bodies across Cardiff and officers work together to maximise employment opportunities for school staff. They are encouraged by the redeployment successes in 2007 and in 2008.

46. The trade unions believe that increased burdens may be placed on staff working in schools that are reducing in size, and in particular in the period leading up to closure. They believe that in order to support these staff school communities must work collaboratively in the interests of pupils and staff.

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47. Through the Schools & Lifelong Learning Service Area Joint Committee the trade unions have registered their concerns that the school organisation proposals are properly resourced by the Council. In addition they have expressed their expectation that the Council commits to transparent and open decisions in order that the future of schools is known and is clear to all.

48. Extensive additional supporting documents have been produced by the Council’s Human Resources staff. These provide wide ranging guidance for key stakeholders and will be amended to meet changing circumstances as the school organisation plan is rolled out. The key documents available at present are the following –

• Human Resources Framework • Individual School Human Resources Strategy and Action Plan - School Closure • Individual School Human Resources Strategy and Action Plan - Primary Amalgamation • Individual School Human Resources Strategy and Action Plan - New School (to follow) • Individual school staff numbers and age profiles (schools referred to in report) • FAQ document • School Redeployment Guidance, Flowchart and skills pro forma

Equality Impact Assessments

49. Both options have been screened using the Council’s Corporate Equality Impact Assessment model. The screening has confirmed that one group is not more or less advantaged or favoured than any other as a result of these options and they are sound from an equality prospective.

RECOMMENDATIONS

Having regard to the advice contained in this report, The Executive is recommended to agree either:-

(1) To proceed with the original proposal (Option1), contained in the report of 14 July 2008, namely

(i), to close Lansdowne Primary School and relocate Ysgol Treganna onto the Lansdowne Primary School site, with nursery,

(ii) to undertake a consultation on catchment areas for the English-medium and Welsh-medium primary schools in the Canton area.

(iii) to receive a further report on the results of this consultation, probably in April 2009 and then,

(iv) to authorise the Chief Officer, Schools and Lifelong Learning, to publish the requisite statutory notices; or

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(2) To undertake a further period of consultation to include both options 1 and 2, which will be either:-

(i) to close Lansdowne Primary School and relocate Ysgol Treganna onto the Lansdowne Primary School site as above, the consultation to include catchment area arrangements, or

(ii) to transfer Lansdowne Primary School as a one-form entry English- medium primary school with nursery to Fitzalan High School in new build premises and then Ysgol Treganna onto the current Lansdowne site with nursery as originally proposed, the consultation to include catchment area arrangements,

(iii) To receive a further report on the outcome of the consultation, probably in April 2009.

NEELAM BHARDWAJA Corporate Director 31 October 2008

The following appendices are attached:

Appendix 1 - Background, Lansdowne Primary School (Option1) Appendix 2 - Background, Fitzalan High School (Option 2) Appendix 3.- Proposed timescales for consultation and development of proposals Appendix 4.- Risk Register

The following Background Papers have been taken into account

• Executive Report 19 December 2007 – School Organisation Proposals: Recommendations Relating to Welsh Medium Primary Provision • Executive Report 14 July 2008 – School Organisation Planning: Recommendations following consultation on Welsh Medium Primary Schools Proposals • Capital Vision document • Executive Report 14 July 2008 ‘Delivering the Council Vision’ • Option Appraisal Matrices and Background Papers

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Appendix 1

Lansdowne Primary School, Option (1)

Closure of Lansdowne Primary, relocation of Ysgol Treganna to Lansdowne premises with nursery, and adaptations to Lansdowne, Radnor and Kitchener premises

Suitability:

• Lansdowne Primary School is in a suitable location central to the Canton area. • Lansdowne Primary School could provide accommodation of an adequate size for Ysgol Treganna as a 2 form entry Welsh-medium primary school with nursery. • At the time of consultation Lansdowne Primary School had the highest number of surplus places in English-medium schools in the Canton area. This is still the situation in September 2008. • English-medium demand within the Lansdowne catchment area could be accommodated in other local schools.

Cost:

• The net cost of Option 1 is £1.028M.

• This can be fully funded from the remaining resources retained within the financial model after the July 2008 report.

• The costs also include proposed investment in the premises of Kitchener and Radnor Primary Schools.

Educational Benefit:

• There is large scale support for Ysgol Treganna to have access to larger premises. • The current premises of Ysgol Treganna fail to meet many current school premises standards and are not suitable for the modern curriculum. • The use of Lansdowne Primary School premises will address these deficiencies. • This option increases the Welsh-medium provision from 1 form entry, in unsuitable premises, to 2 form entry in suitable premises. • Radnor Primary School would be adapted to include provision for a nursery. • This option allows for some resources to assist with meeting increased Welsh- medium demand pending full implementation of any proposal.

• A significant contribution will be made to resolving priority one repair and disability discrimination (DDA) issues at the Lansdowne, Radnor and Kitchener sites.

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Impact on school communities:

• This option would see the closure of Lansdowne Primary School, a popular and successful multicultural English-medium school that serves its local community well. • This proposal keeps open the option to build a new 1 form entry primary school on the Fitzalan High School site, should demand for either English or Welsh- medium increase significantly in the medium or longer term. • This option allows for some resources to assist with meeting increased Welsh- medium demand pending full implementation of any proposal.

Transport & Traffic Implications:

• All pupils living in the Canton area live within 2 miles walking distance of Lansdowne Primary School and therefore no pupils would qualify for free home to school transport. • The demand for bus and private vehicle transport to and from the school would increase. This would cause congestion and exacerbate the existing hazards outside the school. • There are a number of local bus services serving the Canton/Riverside area operating very close to Lansdowne primary school which parents could use.

Proposed Solutions:

• Formalise the parking regime outside the school to discourage unsafe parking and help with enforcement, creating a School Safety Zone. This, together with arrangements at other affected locations amounts to an approximate cost of £30k. • The school to agree a Travel Plan which includes schemes such as the Park Safe / Walk Safe scheme which encourage parents to park further away from the school. • It is anticipated that there will be demand for a non statutory bus service from the Canton/Cathedral Road/Riverside areas; this will require new additional funding at an approximate cost of £45K per academic year. (Although there will be a reduction in the number of non statutory school buses serving Ysgol Pwll Coch which could help off set the cost. However if this is phased in the costs will double for a short period of time). • Car Movement (Traffic) & pedestrian surveys (approximate cost of £5-15K) to be undertaken.

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Appendix 2

Fitzalan High School, Option (2)

Relocation of Lansdowne Primary as a 1FE school with nursery to Fitzalan High School site, transfer of Ysgol Treganna to Lansdowne premises, with nursery and adaptations to Lansdowne, Radnor and Kitchener premises

Suitability:

• Sufficient land is available for the provision of a 1 form entry English-medium primary School but would involve the removal of existing hard and soft play areas from Fitzalan High School therefore creating a need to provide new compensatory provision possibly including playing field pitches. • Lansdowne Primary School could provide accommodation of an adequate size for Ysgol Treganna as a 2 form entry Welsh-medium primary school with nursery.

Cost:

• The net cost of Option 2 is £5.636M.

• This reduces to a shortfall in resources of £4.236M after remaining general resources of £1.4M are taken into account.

• This funding cannot be met from the existing financial allocation. The development of this option would require monies which are provisionally allocated to other future School Organisation proposals.

• The costs also include proposed investment in the premises of Kitchener and Radnor Primary Schools.

Educational Benefit:

• New facilities will be provided for English-medium pupils, but this will be limited to approximately 200 pupils and would involve the removal of existing hard and soft play areas from Fitzalan High School, as detailed above. • This option increases the Welsh-medium provision from 1 form entry, in unsuitable premises, to 2 form entry in suitable premises. • Radnor Primary School would be adapted to include provision for a nursery. • This option allows for some resources to assist with meeting increased Welsh- medium demand pending full implementation of any proposal. • A significant contribution will be made to resolving priority one repair and disability discrimination (DDA) issues at the Lansdowne, Radnor and Kitchener sites.

Impact on school communities:

• This option will require the reduction in size and relocation of a successful and popular English-medium primary school.

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• Fitzalan High School does have sufficient land to accommodate a 1 form entry primary school with nursery. However, this option would involve the removal of existing hard and soft play areas from Fitzalan High School and there would therefore be a need to provide new compensatory provision, possibly including playing field pitches. • This option partially meets the reduction in English-medium surplus capacity but does allow flexibility for any significant future increases in English-medium demand. • This option allows for some resources to assist with meeting increased Welsh- medium demand pending full implementation of any proposal.

Transport & Traffic Implications:

• In terms of transport implications this option would exacerbate existing road safety problems on Broad Street during the drop off / collection times, but it would ease these same problems at the Radnor/Treganna site.

Proposed Solutions:

• School start and finish times would need to be co-ordinated to allow a minimum of 30 minutes difference for Fitzalan & the new school’s start and finish times. • Formalise the parking regime outside the school to discourage unsafe parking and help with enforcement, creating a School Safety Zone. This, together with arrangements at other affected locations amounts to an approximate cost of £90k. • The school to agree a Travel Plan which includes schemes such as the Park Safe / Walk Safe scheme which encourage parent to park further away from the school. • Car Movement (Traffic) & pedestrian surveys (approximate cost of £5-15K) to be undertaken.

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Appendix 3

Proposed timescales for consultation and development of proposals

Option 1 Closure of Lansdowne Primary, relocation of Ysgol Treganna to Lansdowne premises with nursery, and adaptations to Lansdowne, Radnor and Kitchener premises

Option 2 Relocation of Lansdowne Primary as a 1FE school with nursery to Fitzalan High School site, transfer of Ysgol Treganna to Lansdowne premises with nursery, and adaptations to Lansdowne, Radnor and Kitchener premises

Recommendation A Recommendation B Option 1 Option 1 Option 2 Stage Dates Stage Dates Stage Dates Consultation on Jan-Feb Consultation on Jan- Feb Consultation Jan-Feb 2009 catchment areas 2009 options, 2009 on options, including including catchment catchment areas areas Report on the April Report on the April Report on the April 2009 consultations to 2009 consultations to 2009 consultations Executive Executive to Executive Publication of May Publication of May Publication of May 2009 Statutory Notices 2009 Statutory 2009 Statutory Notices Notices End of objection July End of objection July 2009 End of July 2009 period for 2009 period for objection Statutory Notices Statutory period for Notices Statutory Notices Final decision by Nov Final decision Nov 2009 Final decision Nov 2009 WAG 2009 by WAG by WAG Design, Jan 2010 Design, Jan 2010 Design and Nov 2009- procurement and – July procurement – July preparation of June 2010 undertaking of 2011 and undertaking 2011 new school adaptation works of adaptation to Lansdowne, works to Radnor and Lansdowne, Kitchener Radnor and premises Kitchener premises Parents informed Sept Parents Sept Parents Sept 2010 of admission 2010 informed of 2010 informed of arrangements for admission admission Sept 2011 arrangements arrangements (including no for Sept 2011 for Sept 2011 admissions to (including no (including Lansdowne admissions to Lansdowne reception age Lansdowne admission no. group) reception age of 30) group)

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Construction of July 2010 – new school, August 2011 adaptations to Lansdowne and Radnor and Kitchener premises Earliest date for Sept Earliest date Sept 2011 Earliest date Sept 2011 relocation of 2011 for relocation for opening of Ysgol Treganna of Ysgol new school – to Lansdowne Treganna to transfer of premises Lansdowne Ysgol premises Treganna to Lansdowne premises

Page 20 of 20 RISK REGISTER APPENDIX 4 SCHOOL ORGANISATION PLANNING PROPOSALS CORPORATE RISK

Risk Ref Risk Description L I Level of Current Controls L I Residual Risk No. Inherent Risk SOP001 Risk that expenditure costs for individual projects may increase as the 4 5 7. Severe Proposals have undergone initial appraisals; as such the 4 5 7. Severe project moves forward. financial projects have been updated and peer reviewed/verified by our partners in the private sector. All projects are subject to sound and well rehearsed project management principles and are regularly reviewed to ensure that they are delivered to budget and on time. Contingency sum established.

SOP002 Risk that the organisational impact on revenue budgets has been 4 4 6. High Organisational impact of the proposals to be continually 3 4 5. Major underestimated reviewed. SOP003 Risk that capital receipts within the financial model do not achieve the 4 5 7. Severe Potential use of private sector partner to increase the level of 4 4 6. High level or the timescale included in the financial model. certainty within the programme. SOP004 Risk that revenue savings are not achieved due to pressures on 3 4 5. Major All stakeholders to clearly understand the impact on the model of 3 3 4. Significant revenue budgets. not realising revenue savings. SOP005 Risk that the procurement process delays the implementation 4 3 5. Major Implementation programme needs to be developed in detail to 3 3 4. Significant timetable. inform the procurement strategy so that work can begin straight away to reduce potential impact.

SOP006 Proposals not accepted in part or in whole leading to failure by Council 4 5 7. Severe Opportunity exists for the Executive to delay decision on initiating 3 5 6. High to deal with problems of surplus places, increasing Welsh Medium the statutory notice processes on proposals where further demand, school budgetary pressures and shortcomings in school options appraisals need to be carried out. buildings SOP007 Stakeholders regard proposals as decisions, with detrimental effects 3 5 6. High Quality of communications and consultation strategy enables key 2 5 5. Major on some schools and the quality of education provided stakeholders to understand timescales and procedures before proposals become decisions

SOP008 Population changes affect pupil number data, affecting the funding 4 4 6. High Data reviewed annually; proposals reviewed on at least annual 3 4 5. Major stream and the proposals across the wider Financial Model. basis

SOP009 Parents dissatisfied with proposals and seek to secure education for 3 4 5. Major Full consultation with parents before individual proposals 2 4 4. Significant their children elsewhere accepted SOP010 Detrimental affect on employee morale and motivation with potential 4 3 5. Major Regular communication, availability of officer and Advisor 3 3 4. Significant impact on learning and teaching support SOP011 Poor take up of Voluntary Early Severance resulting in unmanageable 3 3 4. Significant Undertake early assessment of staff preferences. Provide 2 3 3. Moderate redeployment pool information to staff to assist decision making SOP012 Unable to recruit or retain staff in schools potentially affected by 4 4 6. High Consider recruitment incentives at appropriate time in 3 3 4. Significant proposals consultation with school governing body. Assess potential for partnership working with other schools in locality. SOP013 Unable to redeploy staff into other school posts to avoid compulsory 3 3 4. Significant Redeployment and Redundancy Policy and Procedure 2 2 2. Low redundancy commended to governing bodies. Aim for 100% adoption by governing bodies, and meet those that are reluctant to adopt. Provide detailed guidance on practical application of redeployment highlighting respective roles of partners. Human Resources to undertake a proactive and facilitative approach to maximise redeployment to school posts. SOP014 Capital costs and design appraisals are in the form of broad brush 4 4 6. High Initial Development Appraisals to be worked up into feasibility 3 3 4. Significant overall desk top studies based on theoretical assumptions. studies to ensure that Capital costs are robust SOP015 Data upon which capital cost calculations are based may be 4 3 5. Major Initial Development Appraisals to be worked up into feasibility 3 3 4. Significant insufficient or incorrect affecting cost outputs. Consequential studies to ensure that Capital costs are robust overstating or understating of funding requirement SOP016 Backlog and DDA data is historical and may not reflect current 2 3 3. Moderate Backlog and DDA data to be reviewed and based on the Asset 2 2 2. Low upgrading cost. No allowance for inflation calculable resulting in Management Programme. overstating / understating funding requirements. SOP017 Capital expenditure figures include numerous assumptions and 4 4 6. High Contingency of 10% has been included to counteract potential 3 3 4. Significant caveats. Likelihood of constraints not yet identified becoming apparent impact of changes. when undertaking full feasibility study SOP018 Capital expenditure estimates based on current 2nd quarter 2008 . 2 3 3. Moderate Costs to be reviewed on at least an annual basis. 2 2 2. Low Allowance for changes in tender price index could turn out to be incorrect. SOP019 Lack of strategy to meet the construction works programme. Risk of 3 3 4. Significant All parties associated with SOP to have an input to procurement 2 3 3. Moderate project delays and budget overruns. / design / decision making process. Procurement Strategy being developed along with options on a strategic partnership approach SOP020 Insufficient staff capacity to manage all processes connected with 5 5 7. Severe SOP Project Team established to manage processes and 3 3 4. Significant progressing proposals in an effective and timely manner. undertake associated tasks. Resource Plan (Short / Medium / Long Term) to be developed for programme. SOP021 Capital cost calculation methodology may result in overstating or 2 3 3. Moderate Methodology has been independently reviewed. 1 3 2. Low understating funding requirement

SOP022 Risk that limited resource restricts the scope for compliance with the 5 5 7. Severe Recognition of the need to resource communications adequately 3 3 4. Significant communications strategy developed to support the project. Impact will and identification of the required team in a timely manner. not only be felt on the project and the schools service but will also put Resource Plan to be developed for programme. the organisational reputation at risk. SOP023 Risk that time constraints resulting from the current process will limit 5 5 7. Severe Recognition that changes to quality of materials may be required 3 3 4. Significant the scope of communications activity. Flexibility is severely limited. or compromise on final sign-off processes in order for objectives to be achieved. SOP024 Risk that WAG does not identify a similar replacement for the SBIG 5 5 7. Severe Council officers to continue to lobby the WAG on the need to 3 5 6. High grant. identify appropriate levels of funding. As part of the Transforming Education Report, there is a opportunity for Council's to develop a business case to access £400m funding from WAG SOP025 Cashflow impact of expenditure and income impacts upon the ability 5 5 7. Severe Cashflow monitored regularly and mitigation action taken where 3 5 6. High to deliver the proposals. appropriate. SOP026 Risk that timescales quoted in the Executive Report, and which will be 5 5 7. Severe Ongoing work and options appraisals include the management of 3 3 4. Significant the subject of consultation, for implementing proposals are timescales. challenging, particularly in the case of the complex logistics within proposals. SOP027 Risk that key issue raised by in recent inspection will not be 5 5 7. Severe Estyn recognise that significant progress has been made 3 5 6. High sufficiently resolved in the timescales required. towards implementing the SOP Programme and that processes around Proposal Development and Project Management are robust. SOP028 Risk that pupils requiring Welsh medium education will be unable to 5 5 7. Severe Proposals in place to alleviate the pressure on Welsh Medium 3 3 4. Significant attend Welsh Primary Schools owing to lack of places. Schools. Financial Model includes a provision for dealing with interim Welsh Medium demand.

SOP029 Risk that lack of Project Management Arrangements serve to increase 4 5 7. Severe 2 3 3. Moderate reputational and financial risk. Council's Project Management Approach has been adopted. SOP030 Risk that the adoption of an incremental approach could undermine 4 5 7. Severe 3 4 5. Major the delivery of the proposals or limit the scope of alternative options Opportunity through options appraisals to consider affordability within future proposals. issues. SOP031 Management of expectations made more difficult by absence of full 4 4 6. High Contingency of 10% has been included to allow a degree of 3 3 4. Significant feasibilty studies flexibility. SOP032 Risk that current circumstances or subsequent developments may 5 5 7. Severe Careful consideration is being given as to how best to keep 3 3 4. Significant prevent effective communication of activity, progress and stakeholders informed resulting in detailed communications achievements to all stakeholders resulting in a severe reputational planning and implementation impact

Risks currently being updated to reflect Cardiff Council's Revised Risk Management Methodology