Page 1 of 43 Date: Thursday 9 March 2017 From: Christine Quinn, West Midlands Regional Schools Commissioner, 02476 660479 To Note To Comment To Decide Lord Nash X Secretary of State X PS/Nick Gibb; PS/Perm Sec; PS/SpAds; Sir David Carter; Mela Watts; Kate Josephs; Anna Barker; Nigel Minns; Andy Hurdle; Claire Simpson; Mary Pooley; Mark Foley; Rob Wye; ; Press Office. 5. Throughout the listening period, we received 1187 responses from stakeholders in the form of emails, letters, petitions and questions asked at meetings. Christine Quinn, WM RSC, also met with parents, carers, staff, councillors, campaigners, unions and the Labour MP for Selly Oak, Steve McCabe. All of the responses received are against the closure of the academy. We have reviewed these and a full analysis is provided at Annex A. 6. Our foremost concern throughout the process has been the need to provide a good standard of education for students in the Brandwood ward of Birmingham. Current standards of education at the academy are poor. They are predicting that 20% of students will achieve 5 or more GCSE’s at A*-C including English and maths this year but the last assessment suggested just 8% would achieve this. 7. Page 2 of 43 Background 13. Baverstock did not progress as hoped and Ofsted judged the academy to require special measures in November 2014. Following the Ofsted judgement, the RSC intervened, organising EA visits and performance reports. The EFA issued a Financial Notice to Improve to the Trust in November 2015 following a whistleblowing allegation. The Trust then suspended the Headteacher in November 2015 over suspected financial irregularities. 14. Under DfE advice, the Trust established an Interim Academy Board (IAB) in November 2015. The IAB appointed interim leadership to maintain the school whilst working with the department to source a long-term solution. Page 3 of 43 15. The DfE initially approached four sponsors to negotiate the re-brokerage of the Baverstock Academy. None felt it was a viable project. 16. In June 2016, the Trust submitted a special resolution to close the Baverstock Academy. This provoked significant opposition from parents, councillors and the local MP, Steve McCabe, who met Nick Gibb in July 2016. The department confirmed to Steve McCabe at that meeting that a full cost benefit analysis would be considered before any decision was taken. The minister also stated that closure would be avoided if possible. 17. Officials re-approached those 4 sponsors who had considered taking on the academy, but had ultimately rejected it. They confirmed that they were still unwilling to sponsor the academy, citing concerns over pupil numbers and financial viability. As of 6 February 2016, there are 388 students on roll with capacity for 1330, leaving the academy 30% full with 942 surplus places. Ofsted judged the Baverstock Academy inadequate for the second time in November 2016. 20. On 10 January, officials launched a ‘listening period’ on the proposed closure of the academy, inviting stakeholders to make their views known to the department. A listening period, rather than a consultation, was held as academy closures are not subject to the statutory guidance that governs the closure of maintained schools and therefore do not require a statutory consultation. Officials followed the timelines outlined in the school organisation guidance in order to ensure that stakeholders had ample time to submit their views on the proposal. 21. The Birmingham Mail, ITV Central and BBC Midlands Today have reported on developments at the Baverstock Academy, since the trust submitted the resolution to close in June. Coverage has been largely critical, based on the comments of parents, local councillors and the Local MP, Steve McCabe. Responses to the listening period: 22. During the listening period, we asked stakeholders to submit their views on the proposed closure of the academy to a dedicated RSC mailbox. We received 61 emails to this mailbox, along with 52 letters, many of which were duplicates of Page 4 of 43 the e-mails submitted to the department. The RSC also met staff and parents on 19 and 30 January to hear their concerns. 168 responses were recorded at these meetings. The RSC has also met councillors, Steve McCabe and campaign groups to discuss the proposed closure. Page 5 of 43 Public Sector Equalities Duty 32. As part of our preparations for the listening period, we completed an analysis of the potential impact of closure on groups with protected characteristics, in order to comply with the public sector equalities duty. Our full analysis is available at Annex F. 33. Our analysis considered the impact of closing The Baverstock Academy in relation to the three statutory objectives listed in section 149(1) of the Equality students with SEN, but we believe that these negative impacts would be outweighed by the improvements in educational standards at ‘good’ and ‘outstanding’ schools. 34. It should not have a detrimental impact on groups with other protected characteristics, such as age; religious belief; gender reassignment; pregnancy and maternity; race; sex; and sexual orientation. Page 6 of 43 Page 7 of 43 Clearance 47. Kate Josephs (ARDG), Sir David Carter (NSC) Page 8 of 43 ANNEX A: SUMMARY OF RESPONSES DURING THE LISTENING PERIOD 1. The impact of closure on students a) Academic performance 50% of the emails to the dedicated mailbox raised concerns about the continuation of pupils’ GCSE options, particularly for pupils in Year 10. Staff and parents also voiced concerns about this when the RSC met with them on 19 and 30 January respectively. There were also significant concerns about the negative impact moving to a new school would have on pupils’ academic performance. A number of responses also referred to the recent decline in staff numbers at the Baverstock Academy, raising concern at the effect they feel that this is having on student’s education and the potential long-term impact of this on current students, including students securing the results required for their preferred post 16 options. b) Student’s wellbeing and mental health A number of parents and local youth workers raised serious concerns about the detrimental impact moving schools would have on the mental wellbeing of students at the Baverstock Academy. Students at Baverstock raised similar concerns, voicing anxieties about changes in friendship groups and existing trusted relationships with teachers. The issue of ‘postcodism’ was highlighted by local youth groups, who raised concerns that moving students at the Baverstock Academy to schools in surrounding areas would cause tensions and issues between young people from different estates. Page 9 of 43 c) Extracurricular activities A number of parents and students praised the use of the Baverstock Academy’s resources for extracurricular activities, and worried that students would not be able to access similar opportunities in other schools. Students and parents were also concerned that students would not be able to access the available extracurricular activities due to the extra travel distance to new schools as well as bus pass restrictions and children’s curfews. d) Pupil attendance Several responders praised the inclusive, pastoral care of The Baverstock Academy and its staff. A small number of parents expressed significant concerns Page 10 of 43 that their child would refuse to attend an alternative school, and asked for clarity on the consequences of this. 2. The impact of The Baverstock Academy’s closure on students with SEN a) Concerns A number of parents praised the Baverstock Academy’s support for their pupils with SEN needs. Significant concerns were raised about the quality of bespoke provision in new schools. Parents were also concerned about the potential impact that moving schools may have on pupils with SEN, including the time it would take for pupils to feel settled. In addition to this, a small number of parents raised concerns about transport for SEN pupils to other schools. 3. The impact of The Baverstock Academy’s closure on parents: a) Financial strain (new uniform and travel expenses) Parents raised concerns about the high cost of purchasing new school uniform, particularly for disadvantaged families whose current financial position renders them unable to purchase replacements. Parents also frequently raised the issue of bus travel expenses as their children currently walk to the Baverstock Academy. Some parents expressed concern that they would not be able to finance their children’s bus travel to alternate schools. Page 11 of 43 b) Anxiety A large number of parents expressed anxiety regarding their children travelling further distances to other schools, particularly in the case of bus travel. Several parents were concerned about their child’s safety, referring to a fatal knife incident on 23 January 2017 on the local number 11 bus route. No students were involved. 4. The impact of The Baverstock Academy’s closure on staff a) concerns Staff responders reported ongoing anxiety due to a lack of job certainty and stability in light of closure proposals. Staff stated that they have felt uninformed and ignored throughout the rebrokerage and subsequent closure proposals. If the Baverstock Academy does close, staff have voiced concerns about finding new jobs and the financial uncertainty that they may find themselves in due to this. Page 12 of 43 They also mentioned the anxieties that a lack of information and clarity regarding redundancy pay has caused. Some members of staff asked for the Department’s help in redeployment, including placing staff in the schools that pupils would be allocated to in order to allow for some continuity. 5. The impact of The Baverstock Academy’s closure on the community a) Concerns Respondents clearly stated that the Baverstock Academy is seen as an integral part of the local community of Druids Heath, and this raised concerns about the wider impact of its closure.