Memorandum of Understanding for the Formation of Herefordshire, Worcestershire, Shropshire, Telford and Wrekin Sub Regional Group

Appendix A

MEMORANDUM OF UNDERSTANDING FOR THE FORMATION OF HEREFORDSHIRE, WORCESTERSHIRE, SHROPSHIRE, TELFORD AND WREKIN SUB REGIONAL GROUP.

1 Third Draft 17 July

CONTENTS

1 Terms and definitions

2 The Agreement

3 The Role and Aims of the Sub Regional Group

4 Responsibilities of Local Authorities in the SRG

5 The Joint Committee

6 Signatories giving commitment to the formation of the SRG

Appendix 1 Draft Dispute Resolution Procedure

Appendix 2 Protocol between the LGA, AoC, and ADCS.

Appendix 3 Concordat between ADCS, AoC and LSC

2 1. TERMS AND DEFINITIONS

1.1 Memorandum of Understanding

This term is used to distinguish it from a legally binding agreement. The Memorandum of Understanding (MoU) is not intended to create legal relations amongst those Local Authorities who agree to its terms. The purpose of the MoU is to provide a basis for the four Local Authorities to express their commitment to establishing a collaborative partnership and a constitutional arrangement for the formation of a sub regional group.

1.2 Local Authorities

The Local Authorities who comprise Herefordshire Council, Worcestershire County Council, Shropshire Council and Telford and Wrekin Council will be the partners in the sub regional group.

1.3 Sub Regional Group

The term Sub Regional Group (SRG) relates to the collaborative partnership being formed. The SRG is not a legal entity.

1.4 Herefordshire, Worcestershire, Shropshire, Telford and Wrekin SRG

This is the name used to refer to the specific sub regional group and is abbreviated in the document to HWST&W-SRG or in some places simply SRG.

1.5 The Apprenticeships, Skills, Children and Learning Bill

The HWST&W-SRG is being established in response to the provisions within The Apprenticeships, Skills, Children and Learning Bill which is currently being considered by Parliament. The document uses the abbreviation ASCL Bill or in some cases simply “the Bill”. If the document is approved after the Bill is passed by Parliament this will be changed to The Act.

1.6 Entitlement

This relates to the requirements determined by the Department for Children, Schools and Families for schools and colleges to provide a defined range of learning opportunities for those aged 14-19 years. The entitlement for those will LLDD is up to the age of 25. Where 14-19 or 16-19 is written this also includes LLDD learners up to 25.

3 1.7 Providers

Schools, colleges, training organisations or other bodies providing education and training.

1.8 Learners with learning difficulties or other disabilities

This refers to those learners who have learning difficulties or other disabilities (LLDD) aged 16 to 25 years.

1.9 Commissioning Plans

Local Authorities will be required by the ASCL Act (when it is passed by Parliament) to undertake a commissioning process for 16-19 provision to be delivered in their area. This will require an assessment of learners’ and employers needs and the production of a Commissioning Plan which sets out the provision required to be delivered by providers.

1.10 Lead Commissioner

Each of the LAs will act as the lead commissioner for their respective geographical boundaries and in this role they will be required to:

o Meet the needs of all who learn in the local authority areas through a sustainable provider base (this includes LLDD and young offenders). o Collaboratively agree learning required across travel to learn patterns by working sub-regionally and regionally. o Work with colleges and other providers as strategic planning partners and by agreeing high quality provision through negotiation and dialogue.

1.11 West Midlands Regional Planning Group (Currently known as Strategic Planning Forum)

Supports SRGs and LAs to ensure their commissioning decisions deliver the entitlement and fit within the budget. The Regional Planning Group (RPG) will also have key relationship with the Young People’s Learning Agency (YPLA).

1.12 Young People’s Learning Agency

A non departmental public body being established by the ASCL Bill to enable the interface between national and local government. Core roles include: o Funding and enabling LAs to carry out their duties

4 o Securing budgetary control, cohering of plans and ensuring the entitlement is delivered o Providing frameworks for commissioning and a national funding formula. o Supplying integrated analytical services to LAs, SRGs and RPGs. o Managing learner support o Supplying direct commissioning on behalf of LAs based on aggregate demand where best placed to supply this service. o Active member of RPGs

5 2 THE AGREEMENT

Herefordshire Council, Shropshire Council, Telford and Wrekin Council and Worcestershire County Council have agreed to formally establish and be partners within a Sub-Regional Group within the West Midlands Region in order to provide a collaborative partnership for the planning and commissioning of 16-19 education and training provision.

3 THE ROLE AND AIMS OF THE SRG

The role of the SRG is to be an effective collaborative partnership between the four local authorities and be the forum for the following aims:

 Raising aspirations through collaborative working, sharing and disseminating good practice in order to: o Improve attainment targets for Level 2 and 3 and reducing the number of young people not in education employment or training. o Deliver raising the participation age. o Deliver Every Child Matters outcomes for all young people by joining up services and leveraging the strategic commissioning role within Children’s Trusts. o Manage the environment to enable transition through a learner’s journey. o Manage the market and ensure provider quality is maintained and raised for 16-19 learning provision.

 Collectively supporting and challenging partners to deliver high quality 16-19 education and training that improves outcomes for young people, delivers the entitlement and fits within the national budget.

 Providing a collective voice to the West Midlands Regional Planning Group to represent interests of the sub-region.

 Assessing and planning to meet demand in the sub region for learners and employers for 16-19 education and training.

 Agreeing shared strategic priorities for 16-19 education and training in the sub region.

 Reviewing individual LA Commissioning Plans for sub-regional coherence in relation to:

6 o Learner numbers o Curriculum offer o Available budgets o LLDD and specialist provision including learning for offenders. o NEETS

 Making collaborative decisions in relation to commissioning 16-19 education and training provision.

 Agreeing which of the Local Authorities should be the leads on commissioning dialogue with providers for any specialist provision which may be required.

 Developing a collaborative approach towards supporting and delivering improved capacity and cost effective resource deployment in relation to the commissioning process.

 Resolving disputes in accordance with the agreed Dispute Resolution Procedure (see Appendix 1)

 Working collaboratively through existing national protocols including specifically the protocol between the Local Government Association (LGA), Association of Colleges (AoC) and the Association of Directors of Children’s Services (ADCS) (Appendix 2) and the Concordat between the FE colleges and Local Authorities in the West Midlands (Appendix 3)

4 RESPONSIBILITIES OF THE LOCAL AUTHORITIES

In relation to the SRG the following are the responsibilities of the Local Authorities:

4.1 To work collaboratively with each other towards the achievement of the aims and strategic priorities of the HWST&W-SRG.

4.2 To fully participate in all the activities of the SRG including:

o Regularly attending meetings of the Joint Committee and other designated meetings of the SRG. o Ensuring appropriate executive support and other resources are deployed to support the operation of the SRG.

7 4.3 To consider and approve for relevant officers appropriate levels of delegated authority and responsibility to enable the SRG to be an effective consultative and operational management forum.

4.4 Each Local Authority’s Children and Young People’s Plan will inform the collaborative approach to the planning, commissioning and delivery of 16+ education and training provision for the area.

4.5 Each Local Authority’s Commissioning Plan will assess coherence in the sub region in relation to: o Learner numbers o Learning opportunities o Available budgets o LLDD and specialist provision including learning for offenders.

4.6 Each Local Authority will undertake the lead commissioning role for all provision in their area. This includes all those that choose to learn in the respective local authority area (ie whether resident in the area or those who travel to learn from outside the area).

4.7 To monitor the performance of providers and where quality improvement targets are not being achieved to challenge and provide appropriate support.

5.0 THE JOINT COMMITTEE

5.1 Purpose and role

The Joint Committee is the main forum for the HWST&W-SRG and is responsible for considering and agreeing the strategic priorities, policies and action plans towards achieving its aims.

The Joint Committee’s role is to ensure that the responsibilities of local authorities (in Section 4) are effectively discharged.

5.2 Membership

The partners in the Joint Committee shall comprise the Directors of Children’s Services for each Local Authority or their nominated senior representatives.

Other officers and representatives from other organisations may be invited to attend meetings in order to provide information and advice and facilitate the

8 work of the Joint Committee. Working Groups will continue to meet as appropriate.

7.3 Operational procedures

The following are the procedures that will be followed for the efficient and effective operation of the Joint Committee:

 Chairing meetings. The Committee will elect each year a Chair and a nominated Deputy Chair.

 Agenda and papers. The Chair will have responsibility for organising the agenda and papers for each meeting. Two weeks before each meeting partners will be invited to provide agenda items and, if required accompanying papers. A final agenda and papers will be sent out at least 3 working days before each meeting of the Joint Committee.

 Secretarial support. The Joint Committee will agree the arrangements for providing secretarial support for the meetings and other related activities.

 Minutes of the meeting. Brief minutes and action points will be drafted by the secretary and circulated within 5 working days of the meeting for preliminary approval. Final minutes of the meetings will be considered for approval at the commencement of subsequent meetings of the Joint Committee.

 Distribution of minutes. An important feature of good communication with providers and partners will be the distribution of minutes of the meeting. The Joint Committee will approve the partners who will receive a copy of the minutes and the arrangements for distributing the minutes.

 The Joint Committee will normally meet 6 times each year and an annual schedule of meetings will be agreed at the beginning of each year.

 The Memorandum of Understanding and SRG arrangements will be reviewed annually.

9 SIGNATORIES GIVING COMMITMENT TO THE MEMORANDUM OF UNDERSTANDING

We agree to the formation of Herefordshire, Worcestershire, Shropshire, Telford and Wrekin Sub Regional Group and we are committed to the aims, roles and responsibilities included in this document;

Herefordshire Council

Signatory………………………………………………………………………….

Position ………………………………………………………………………

Date……………………………………………………………………………….

Worcestershire County Council

Signatory………………………………………………………………………….

Position …………………………………………………………………………...

Date……………………………………………………………………………….

Shropshire Council

Signatory………………………………………………………………………….

Position……………………………………………………………………………

Date……………………………………………………………………………….

Telford and Wrekin Council

Signatory………………………………………………………………………….

Position……………………………………………………………………………

Date……………………………………………………………………………….

10 APPENDIX 1: DISPUTE RESOLUTION PROCEDURE.

1 INTRODUCTION

It is expected that there will be very few disputes within the Sub Regional Group, and that in the ordinary course of business concerns and disagreements will be resolved. Mediation and negotiation will be preferred techniques and this dispute resolution procedure will be used only when all alternative routes have been explored.

The Herefordshire, Worcestershire, Shropshire and Telford and Wrekin Sub Regional Group will work with the YPLA where they have a role in resolving and disagreements and will also work within a regional framework for dispute resolution if one is established.

The Memorandum of Understanding sets out the role, aims and responsibilities of the four local authorities. There is also a commitment to comply with:

 The Protocol between Local Government Association, Association of Colleges (AoC), and the Association of Directors of Children’s Services (ACDS) which includes approaches and strategies for developing effective and sustainable relationships with partners.

 The Concordat between ADCS, AoC, and the LSC between FE Colleges and Local Authorities in the West Midlands which aims to establish a common framework of critical business operations, ensuring an equitable, consistent, responsive and transparent approach to planning, commissioning and funding provision through common: process, performance, data and timetable arrangements.

The joint commitment of the four local authorities to a collaborative partnership working within the sub regional group should ensure that all major issues are resolved in the usual course of planning, analysis and discussion of priorities.

However it is recognised that should a dispute arise which cannot be resolved a formalised procedure should be established.

11 2 SCOPE OF PROCEDURE

The procedure relates only to those matters which form part of the work of the sub regional group. The Disputes Panel will determine whether the issue being considered is in the scope of this procedure.

This procedure has been developed to assist partners and others to resolve disputes that cannot be resolved informally or are beyond the scope of existing procedures.

Local authorities, schools and colleges have established procedures for resolving complaints, disputes and issues. These procedures form part of their accountabilities and the HWST&W-SRG Dispute Resolution Procedure does not replace or impact upon these established procedures.

3 THE PROCEDURE

Step 1 To invoke this procedure the parties to the dispute must refer the matter, in writing, to the Chair Person of the Joint Committee of HWST&W-SRG.

Step 2 The Chair will convene a Panel within 15 working days to consider the matter. A minimum of 3 Directors of Children’s Services (DCS) that do not have a conflict of interest in relation to the dispute need to be in attendance. These DCS would normally comprise those who are partners within the HWST&W-SRG. However, if this is not possible because of issues relating to conflicts of interest, or some other reason, then the Chair will arrange for 1 or more DCS from neighbouring SRGs to form part of the panel.

Step 3 The Panel will elect one of its members to Chair the meeting.

Step 4 The Panel will decide whether the dispute is in the scope of these procedures or should be more appropriately considered by reference to other procedures elsewhere.

Step 5 When voting the Panel will aim to reach a decision which is unanimously supported by all the partners but if this proves not to be possible a simple majority will suffice and if this is not possible then the Chair will have a casting vote.

Step 6 If the dispute is judged to be in the scope of these procedures the Panel will consider the matter. This may involve (at the Panel’s discretion) inviting

12 representatives of the parties to present information relating to the dispute. The Panel will then aim to reach a decision.

Step 7 The decision of the Panel will be communicated in writing by the Chair of the Panel to the parties of the dispute within 5 working days.

Step 8 If the parties to the dispute do not accept the judgement of the Panel they can appeal to the West Midlands Regional Planning Group and invoke its Dispute Resolution Procedure.

Step 9 If the parties to the dispute do not reach a satisfactory resolution after following the West Midlands Regional Planning Group’s Dispute Resolution Procedure (or in the absence of such a procedure) they can appeal to the Secretary of State for Children, Schools and Families. The decision of the Secretary of State will be final and binding.