Dudley Schools Forum

Tuesday 22nd March, 2016 at 6.00pm In Block 10, Room 10.106, College, Whittingham Road, Halesowen, B63 3NA

(Please Note: Car parking will be available in car park C on Whittingham Road. All visitors are requested to report to Reception, Block 2, upon arrival and will be escorted by a member of staff to Block 10)

Agenda - Public Session (Meeting open to the public and press)

1. Introductions by the Chair

2. Apologies for absence.

3. To report the appointment of any substitutes for this meeting of the Forum.

4. To approve as a correct record and sign the minutes of the meeting of the Forum held on 23rd February, 2016 (attached).

5. Any other matters arising from the Minutes of the meeting of the Forum held on 23rd February, 2016, not included on the agenda for this meeting.

6. Primary Social, Emotional and Mental Health (SEMH) Report (Pages 1 - 14)

7. Dedicated Schools Grant Projected Outturn Update 2015/16 (Pages 15 - 19)

8. Dedicated Schools Grant Planning Process 2016/17 – Final Update (Pages 20 - 37)

9. DfE Consultations on Schools National Funding Formula and High Needs Funding Formula and Other Reform (Verbal)

10. Equal Pay Loan Arrangements for Voluntary Aided and Foundation Schools (Pages 38 - 42)

11. Schools Forum Membership Update (Pages 43 - 46)

12. Update on Dudley’s forward planning in light of the Education and Adoption Bill (Verbal)

12. Strategic Director People Update (Verbal)

13. Date of the next meeting:-

21st June, 2016 Saltwells Education Development Centre, Bowling Green Road, Netherton, Dudley, , DY2 9LY

Strategic Director Resources and Transformation Dated 11th March, 2016

Distribution: Members of Dudley Schools Forum Mr Bate; Mrs Belcher; Mr Conway; Mr Derham; Mrs Hannaway; Mrs L Jeynes-Bates; Mrs N Jones; Mr Kilbride; Mr Leyshon; Mr Moody; Mr Oakley; Mr Patterson; Mr P Rhind-Tutt; Mr Ridney; Ms Rogers; Mrs Ruffles; Mrs Sixsmith; Mr Shaw; Mrs Stowe; Mr Ward; Mrs Withers; Mrs Wylie

Non-Voting Attendees Councillor I Cooper - Cabinet Member for Children’s Services; Councillor M Mottram - Chair of People Services Scrutiny Committee; T Oakman – Strategic Director People; M Joseph - Interim Chief Officer Children’s Services; D Fishbourne – Interim Lead for Education Outcomes; K Cocker – Finance Manager (Children Services), Resources & Transformation Directorate; S Coates – Principal Accountant, Resources & Transformation Directorate.

Please note the following important information concerning meetings at Saltwells Education Development Centre: • In the event of the alarms sounding, please leave the building by the nearest exit. There are Officers who will assist you in the event of this happening, please follow their instructions.

• There is no smoking on the premises in line with national legislation. It is an offence to smoke in or on these premises.

• The use of mobile devices or electronic facilities is permitted for the purposes of recording/reporting during the public session of the meeting. The use of any such devices must not disrupt the meeting – Please turn off any ringtones or set your devices to silent.

• If you (or anyone you know) is attending the meeting and requires assistance to access the venue and/or its facilities, please contact the contact officer below in advance and we will do our best to help you.

• Information about the Council and our meetings can be viewed on the website www.dudley.gov.uk

• The Democratic Services contact officer for this meeting is Helen Shepherd, Telephone 01384 815271 or E-mail [email protected]

Minutes of Dudley Schools Forum

Tuesday, 23rd February, 2016 at 6.00 pm In Block 10, Room 10.106, Halesowen College, Whittingham Road, Halesowen

Present:

Mr L Ridney – Chair Mr J Conway, Mr C Derham, Mrs A Hannaway, Mrs L Jeynes-Bates, Mrs N Jones, Mr M Moody, Mr B Oakley, Mrs H Ruffles, Mrs S Sixsmith, Mr N Shaw, Mr D Ward, Mrs G Withers and Mrs Wylie.

Officers:

Mrs D Fishbourne – Interim Lead for Education Outcomes (People Directorate); Mrs K Cocker - Finance Manager – People’s Directorate (Children’s Services), Mrs S Coates - Senior Principal Accountant and Miss H Shepherd (Democratic Services Officer) (all Resources and Transformation Directorate)

69 Introductions by the Chair

The Chair welcomed everyone to the meeting.

70 Apologies for Absence

Apologies for absence from the meeting were submitted on behalf of Mrs J Belcher, Mr B Patterson, Mr Rhind-Tutt, Ms P Rogers and Tony Oakman.

71 Minutes

In referring to resolution (4) of minute no. 63, it was requested that the following amendments be made:-

(4) That the Finance Manager – People’s Directorate (Children’s Services) be requested to provide the background to School charges in regards of Admissions to an academy representative.

It was also requested that the last sentence of the penultimate paragraph of minute no. 61 be amended to read as follows:-

It was further reported that additional freedoms had been given to Local Authorities to increase the Council Tax to 3.99% without a referendum.

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Resolved

That, subject to amendments referred to above, the minutes of the meeting of the Dudley Schools Forum meeting held on 26th January, 2016, be approved as a correct record and signed.

72 Matters Arising from the Minutes

No issues were raised under this agenda item.

73 Schools Forum Membership Update

A report of the Strategic Director People was submitted to provide an update in respect of Schools Forum Membership changes.

It was stated that Mrs L Jeynes-Bates had been formally appointed as the Recognised Unions and Professional Associations representative for the remainder of the existing term of office, expiring 30th April, 2016.

Resolved

That the information contained in the report submitted, be noted and Mrs L Jeynes-Bates be welcomed as a new member to the Forum.

74 Schools Revenue Funding Arrangements in 2016/17 – Falling Rolls Fund

A report of the Strategic Director People was submitted to seek approval from Schools Forum for the establishment of a centrally retained contingency as a ‘Falling Rolls Fund’ in order to support good or outstanding schools that experience falling rolls but where a population bulge was expected in two to three years and the proposed criteria and methodology to be applied in respect of the allocation of these funds.

In presenting the report, the Senior Principal Accountant referred to table 1 of the report submitted and stated that Dudley was continuing to experience a consistent increase in the number of primary pupils, however in previous years primary pupil numbers had fallen significantly. The reduced number of primary pupils was now filtering through to the secondary sector and the most recent information available from the Place Planning team indicated that secondary pupil numbers would continue to fall until the 2019/20 Academic Year.

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The Senior Principal Accountant stated that the Education Funding Agency had recognised the issue and that the Schools Revenue Funding 2016/2017 Operational Guide, issued in July 2015, had indicated that Local Authorities could top slice DSG funding to support good or outstanding schools, in the short term, where local planning data identified that surplus places would be needed in the near future.

The proposed criteria and methodology for allocating the falling rolls fund were outlined to Members and the Senior Principal Accountant stated that if the Forum was mindful to approve the establishment of a falling rolls contingency, the criteria and methodology would need to be scrutinised by the Education Funding Agency to ensure that it was compliant with the guidance and that a report to review the falling rolls fund contingency would be submitted to Dudley Schools Forum on an annual basis.

(At this juncture Mr N Shaw (Secondary Head Teacher representative) and Mrs G Withers (Secondary School Governor representative) both declared a pecuniary interest due to their connection with Leasowes High School and withdrew from the meeting).

The Senior Principal Accountant confirmed that Dudley currently had fourteen secondary schools within the borough with Ofsted ratings of either good or outstanding, with one school, identified as Leasowes High School, having significant surplus capacity. Place Planning data had however identified that these surplus places would be required in the next two to three years. It was further stated that Leasowes High School had undertaken several staffing restructures to try to manage the school within the financial resources available in their delegated budget, but would require financial support during 2016/17 and 2017/18 due to the surplus capacity and therefore would be eligible to receive funding from the falling rolls fund if implemented.

In referring to the proposed criteria to be applied, as outlined in appendix A of the report submitted, the Recognised Unions and Professional Associations representative suggested that an additional criteria be included as follows:-

• formula funding available to the school would not support provision of an appropriate curriculum for the existing cohort.

Arising from questions raised by the Academy representative, the Finance Manager – People’s Directorate (Children’s Services) stated that School reserves would be taken into account prior to any funding being allocated from the falling rolls funding; that the Published Admission Number (PAN) history would also be reviewed, however Leasowes High Schools had not reached its PAN for several years and would be unable to provide the required curriculum if there was a continual reduction in staff and that eligible schools would continue to be monitored taking into account place planning data and future Ofsted ratings.

Resolved

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(i) That a centrally retained contingency of £300k, as a ‘Falling Rolls Fund’, in order to support good or outstanding schools who experience falling rolls but where a population bulge is expected in the next three years, be approved.

(ii) That, subject to the inclusion of the additional criteria, as set out below, the proposed criteria and methodology as set out in Appendix A of the report submitted, be approved and applied to all allocations of the Falling Rolls Fund in 2016/17, which will be funded from the Dedicated Schools Grant Reserve.

Additional criteria:-

• Formula funding available to the school will not support provision of an appropriate curriculum for the existing cohort.

(iii) That Dudley Schools Forum be consulted on an annual basis on the central spend and the criteria for allocating funding from the falling rolls fund, be noted.

75 Dedicated Schools Grant Planning Process 2016/17 - Update

A report of the Strategic Director People was submitted to provide an update in respect of the Dedicated Schools Grant budget planning process and to agree the Central Expenditure budgets for 2016/17.

In presenting the report the Finance Manager – People’s Directorate (Children’s Services) highlighted Schools Forum’s role in making decisions on the Central Expenditure met from the Dedicated Schools Grant and outlined the voting procedure to be undertaken.

The Finance Manager – People’s Directorate (Children’s Services) referred in detail to Tables 2 and 3 of the report submitted and representatives voted on each item of expenditure, as indicated below:-

Table 2 – 2016/17 Central Expenditure Budgets for Schools Forum Approval – No restrictions on value

Central Spend on Value for Decision 2016/17

Funding for significant pre-16 pupil growth £350,000 Approved

Falling rolls fund for surplus places in good £300,000 Approved or outstanding schools where a population bulge is expected in 2-3 years

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Equal pay back-pay loans £1,228,700 Approved

Places in independent schools for non-SEN £400,300 Approved pupils

Early years expenditure £1,105,200 Approved

Table 3 – 2016/17 Central Expenditure Budgets for Schools Forum Approval – Restricted to Cash Limit of 2015/16 Expenditure

Central Spend on Value for Decision 2016/17

Admissions £330,400 Approved

Servicing of schools forum £13,095 Approved

Capital expenditure funded from revenue £1,140,000 Approved

Contribution to combined budgets £268,000 Approved

Schools budget centrally funded termination £71,200 Approved of employment costs

Resolved

(i) That the Central Expenditure Budgets for 2016/17 – No restrictions on value, as detailed in table 2 of the report submitted, be approved as listed above.

(ii) That the Central Expenditure Budgets for 2016/17 – Restricted to Cash Limit of 2015/16 Expenditure, as detailed in table 3 of the report submitted, be approved as listed above.

(iii) That the final de-delegations budgets for 2016/17 as detailed in table 4 of the report submitted, be noted.

76 Schools Forum Constitution Changes

A report of the Strategic Director People was submitted on the revised Schools Forum Constitution for implementation from 1st May 2016.

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In presenting the report the Finance Manager – People’s Directorate (Children’s Services) made reference to paragraphs of particular importance. Reference was made to the lack of communication and nominations submitted by the Catholic Schools Commission, despite repeated attempts made by the Local Authority. As a result, it was proposed for the Catholic Schools Commission position to be removed from the Membership with effect from 1st May, 2016.

The Finance Manager – People’s Directorate (Children’s Services) stated that since publication of the report, Mrs Garratt, Secondary Head Teacher representative had submitted her resignation as a member of the forum with immediate effect, therefore there was a vacancy within the Secondary Head Teachers sector.

Arising from questions raised by an Academy Representative with regards to the lack of academy representatives appointed to the forum and how vacancies were advertised, the Finance Manager – People’s Directorate (Children’s Services) stated that Head Teachers and Governing Bodies received written notification requesting nominations, but welcomed any suggestions as to how to encourage further take up. The Academy representative agreed to discuss the issue with his counterparts in other Schools.

Resolved

That the revised Schools Forum Constitution, as referred to in Appendix A of the report submitted, be approved and implemented from 1st May 2016, subject to formal approval by the Cabinet Member for Children’s Services, with advice from the Strategic Director People.

77 School Organisational Maintained Schools School Closure

(At this juncture, the Chair, Mr Ridney, declared a non-pecuniary interest as he was a Governor at Coseley School).

A report of the Strategic Director People was submitted and a brief update was provided at the meeting with regards to the statutory school closure process and consultation period.

Resolved

That the information contained in the report submitted, be noted.

78 Secretary of State for Education, Disapplication Requests to use the Dedicated Schools Grant

A report of the Strategic Director People was submitted to inform Schools Forum of the outcomes from the applications to the Secretary of State for Education for the use of Dedicated Schools Grant for 2016/17.

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In presenting the report, the Finance Manager – People’s Directorate (Children’s Services) made particular reference to table 1 of the report submitted and confirmed that only one of the seven applications submitted to the Secretary of State for the disapplication of the School Finance Regulations in respect of expenditure of central services to be funded from the dedicated schools grant, had been approved.

In responding to a question raised by the Nursery School Head Teacher representative, it was stated that similar reasons for refusal of the six applications had been received and consisted mainly that the service area requests were in relation to Local Authority expenditure and therefore should be funded by the Local Authority, despite Schools Forum support of the initiatives and the recognised need for collaborative working.

The Interim Lead for Education Outcomes stated that the Multi-Agency Safeguarding Hub (MASH) had been established despite the application being rejected albeit without the designated MASH Schools Advisor.

Members raised concerns with regards to the on-going Safeguarding pressures and the limited provision of training available and expressed their disappointment that the disapplication of funding to support an additional Safeguarding Trainer had been refused.

Resolved

That the information contained in the report in respect of the Secretary of State for Education decisions of the seven requests made by the Local Authority to disapply the School Finance Regulations in respect of central expenditure from the Dedicated Schools Grant for 2016/17, be noted.

79 Strategic Director People Update

The Interim Lead for Education Outcomes confirmed that there was no update on any issues to be provided, however commented that the Chief Executive of Birmingham City Council was currently querying the accuracy of the figures in relation to birth data held by the Office of National Statistics in reflection of the figures produced by Local GP’s, which could impact upon available funding. The Birmingham Chief Executive was interested to know whether this was an issue in other West Midlands authorities and therefore Dudley Public Health Team was investigating.

Representatives commented on the lack of attendance by the Strategic Director People at the last three meetings. The Interim Lead for Education Outcomes confirmed that this had been due to the Ofsted inspection taking priority but that the Strategic Director People was very much in support and dedicated to the Forum.

Resolved

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That the verbal update provided, be noted.

80 Dates of Future Meetings

The following dates and venues of future School Forum meetings were noted:-

• 22nd March, 2016 – Block 10, Room 10.106, Halesowen College, Whittingham Road, Halesowen • 21st June, 2016 – Saltwells Education Development Centre

The meeting ended at 7.15 pm

CHAIR

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Agenda Item No. 6

Dudley Schools Forum – 22nd March 2016

Report of the Strategic Director People

Primary Social, Emotional and Mental Health (SEMH) Report

Purpose of Report

1. To provide Schools Forum with the outcomes of the Primary Social, Emotional and Mental Health (SEMH) work undertaken on behalf of Dudley schools.

Budget Working Group Discussed

2. Yes – 18 March 2016.

Schools Forum Role and Responsibilities

3. From 1 April 2006, the Schools Budget has been funded by a direct Department for Education (DfE) grant: the Dedicated School Grant (DSG).

4. The Schools Forum Regulations 2012 refer to the Consultation on Financial Issues. Where the authority must consult the Schools Forum annually in respect of the authority’s functions relating to the schools budget, in connection with the following: • arrangements for the education of pupils with special educational needs and in particular the places to be commissioned by the local authority in different schools and other institutions, and the arrangements for paying top-up funding to schools and other institutions; • arrangements for the use of pupil referral units and the education of children otherwise than at school and in particular the places to be commissioned by the authority and by schools in pupil referral units and other providers of alternative provision, and the arrangements for paying top-up funding to pupil referral units and other providers of alternative provision.

Action for Schools Forum

5. To note the report from the Strategic Director People in respect of the proposal to address Primary Social, Emotional and Mental Health (SEMH) in Dudley schools.

Attachments to Report

6. Appendix 1 - SEMH Questionnaire Summary Response.

7. Appendix 2 - Dudley’s Banded Framework 2016/17.

Chris Derham Pupil Referral Service Manager 1 March 2016

1

Dudley Schools Forum – 22nd March 2016

Report of the Strategic Director People

Primary Social, Emotional and Mental Health (SEMH) Report

Purpose of Report

1. To provide Schools Forum with the outcomes of the Primary Social, Emotional and Mental Health (SEMH) work undertaken on behalf of Dudley schools.

Background

2. At the March 2015 Schools Forum meeting, following issues raised by Primary Head Teacher colleagues regarding the lack of provision and support for pupils with SEMH, it was agreed that further work be undertaken to explore options and costs. The discussion point at Forum was linked to the Dedicated Schools Grant (DSG) reserve budget unallocated at 1 April 2015.

3. A small working group was established consisting of Primary and Special School Head Teachers and Local Authority officers to review current arrangements and explore possible ways forward.

4. The working group designed a questionnaire which was forwarded to all Primary Schools. There was a 40% response return rate. The summary response is included at Appendix 1.

5. At the June 2015 Schools Forum meeting, findings from the working group were presented to members that included three possible strands of support/provision with some very approximate indication of costs. The strands presented included:

(i) Development of Nurture groups; (ii) Review and options of a SEMH onsite school unit; (iii) Option of Primary SEMH offsite 24 place provision.

The outcome of the discussion concluded that further work needed to be undertaken to develop a business case including affordability in relation to considering increased Primary SEMH provision within the borough. This was to be returned to Schools Forum in the Autumn Term. A verbal feedback was provided at the October, November and January 2016 Schools Forum Meetings. Outline proposals were shared at the Primary Heads Business Forum Meeting in November 2015 with suggested amendments noted.

2 Development of Nurture Groups

6. A recent audit across Dudley Primary Schools indicates that twenty five schools are currently operating a Nurture Group using Boxall profiles. Views from Head Teachers, whose schools are involved, highlight that they are ‘highly effective’ and provide a ‘significant level’ of support for pupils who display SEMH difficulties. There is general agreement from Head Teachers that they provide ‘good value’ for money.

7. Nationally, there is a high level of support for Nurture Groups in schools.

‘The DfE and LA should take into account the substantial value of well led and well taught nurture groups when considering policies and guidance on early intervention ad targeted support for pupils with SEBD’.

‘At their best Nurture Groups significantly ‘modified’ pupils behaviour, improved pupil’s social emotional and behavioural skills, gave parents and carers practical support and strategies and confidence and accelerated academic progress or restarted it when it had stalled, enabled the pupil to reintegrate into their mainstream class, modified the practice of other staff such as class teachers, influenced the rest of the school’s practice and improved pupil attendance.

Supporting Pupils with Challenging Behaviour through a Nurture Group Approach (Ofsted July 2011).

8. Costs for operating Nurture Groups are variable with a range of different approaches being taken. The two case studies from Dudley schools indicate an average cost of around £3,000 per pupil (full time equivalent) in one school setting, with another Head Teacher stating that their costs were more in line with the National figure of £5,500 (full time equivalent) per pupil. The Nurture Group setting will facilitate a number of children working on a part time basis in the setting during the course of the year rather than exclusive full time use for the same pupils. There is some acknowledgement that this cost will reduce in an established, classic nurture group that has up to thirty children throughout the year. The per pupil costs quoted do not include set up costs which will vary from school to school. ‘Value for money’ was a common phrase used by a high number of Head Teacher colleagues in the questionnaire responses.

9. There is a three day Nurture Group training course delivered and funded by Healthy Schools. The cost of the support is approximately £1500 and funded by Public Health.

10. Discussion has taken place with the Pupil Access Team with a view to establishing if there is any correlation between those schools running Nurture Groups and the data around fixed term and permanent exclusions compared with those schools not running Nurture Groups. Unfortunately, the data for fixed term exclusions is currently not reliable enough. Permanent exclusions data indicates a rise from six in 2013/14 to eleven in 2014/15 with an increasing trend towards younger pupils. Three of the schools running Nurture groups have permanently excluded four pupils between them during this period.

3 Review and Options of a SEMH onsite School Unit

Brook Primary School Behaviour Unit

11. The Brook Primary School was commissioned by the Local Authority (LA) in September 2010 to provide an eight place onsite behaviour unit the ‘Brook Badgers’. The five year commissioned arrangement ended in July 2015 and it remains the LA’s intention to re-commission a similar eight place provision.

12. Entry to the provision was via a Management Board with criteria established for placement into the provision. Pupils attending the Badgers Unit were able to build up their time accessing their mainstream class and engaging in all learning. Whilst pupils had a personalised programme, increasingly as the provision developed, pupils were spending more time in mainstream classes.

13. Following the experience of delivering the provision the Head Teacher of Brook Primary outlined units attached to mainstream schools provide a ‘good alternative for children who find it difficult to manage the whole school and class environment’. They also provide the children with ‘specialist care and learning required without removing them entirely from contact with mainstream peers as friends and role models’.

14. In respect of commissioning future provision, the Headteacher considered that issues related to identifying the appropriate funding model for the unit especially given the complexities of the pupils being referred, clarifying inspection issues related to ‘Raiseonline’ data and establishing agreed referral routes and entry criteria were crucial areas to be addressed.

15. Based on the review of Brook Primary and taking into account views of the Headteacher, a re-commissioned on site SEMH unit or units could be based on a model, with the following features:

• Eight place SEMH unit for pupils with an Education Health and Care Plan (EHCP) or ‘under assessment’. This could be either specifically Key Stage focused (Key Stage 1 or Key Stage 2) or across Key Stage 1 and 2. Given the increasing trend highlighted in the questionnaire towards, younger pupils displaying SEMH difficulties, a focus on Key Stage 1 may be an option to consider. • The funding would be based on the Place plus top up model using the SEN banded framework (Appendix 2). There would also be additional funding based on a per pupil inclusion factor if there is evidence that the pupil is able to work in the mainstream element of the School with additional teaching support. • There is a clear referral process overseen by a Management Board consisting of Head Teacher and LA representatives. All referrals are agreed through this board. • Pupils referred are dual registered with either, the referring school or, where permanent exclusion has taken place, the LA Pupil Referral Unit (PRU)/Short Stay School provision. This ensures that pupil’s Raiseonline data does not appear against the school hosting the onsite SEMH unit and retains some school ownership of the pupil. It also ensures the opportunity for quick reintegration route if appropriate, back to the referring school. • The current SEN Unit pupils have to date all been registered at the School of attendance therefore, if the pupil was to be dual registered then a local

4 arrangement would be required with the referring school to ensure that there is a contribution of at least the basic AWPU to the SEN unit provider. • This model could be explored across both mainstream and special school providers. Rosewood Special School SEMH Unit

16. Dudley has seven special schools. One of these, Rosewood, caters for secondary age pupils who have a statement or Education Health and Care Plan that identifies SEMH as their primary need. All the other special schools cater for children and young people with significant learning difficulties. None of these schools have the physical capacity or staffing resources to offer additional places for pupils with SEMH. 17. In the past, Dudley used its key stage 2 Pupil Referral Unit (PRU) at The Mere as provision for the small number of primary age children who could not be catered for within mainstream schools. This was identified as a concern in previous Ofsted reports for The Mere as PRUs are not intended for long term provision. The move of the KS2 PRU onto the Sycamore centre has reduced its capacity to cater for as many pupils on site as it did before, leaving the authority with a dearth of suitable provision.

18. There continues to be a small number (typically no more than eight) primary age pupils with significant SEMH for whom primary schools struggle to provide an appropriate education. In the absence of suitable primary provision and as part of exploring other onsite options, the local authority has looked to commission provision for older aged (Y4, 5 and 6) primary pupils from Rosewood Special School; this would be a separate arrangement outside of their secondary school place led provision. The alternative is to continue to place at independent schools outside the borough at significant additional cost; currently ranging between £38,000 to £60,000 per place per annum.

19. Rosewood is currently secondary only provision. However, on the site there is a building physically detached from the main school, previously a vocational centre, which has the potential for the establishment of separate, secure teaching accommodation for younger age pupils.

20. Discussions have taken place with Rosewood Special School and they have expressed a willingness to offer ongoing provision for older primary age Dudley pupils. The minimum number that will provide the funding level necessary to staff such provision to be viable is four pupils with a maximum of eight. The proposal would be to commission the provision on a four place/pupil basis.

21. This funding arrangement would provide Rosewood School KS2 unit provision with core funding and permit the school to commit to staffing levels that can be sustained for at least the academic year. There is capacity for the unit to accept more pupils than this. The maximum number that could be catered for within the resources available to the school is eight but that would be dependent on the mix of age and need of the pupils. The placement of additional pupils over and above the four places that will be core funding, will be by negotiation with the local authority, with the school receiving the top-up value between Band F and Band H as determined through the SEN process. This arrangement would be reviewed periodically for cost effectiveness and there may be a need to fund part or all of the place value of

5 additional placements to reflect any additional administrative costs for the school.

22. Using Dudley’s SEN banded framework the estimated minimum cost is:

• Four Places at £10,000 per place - £ 40,000 • Four Pupils at Band G top up of £18,085 per place - £72,340 • Total minimum funding £112,340

23. There may be additional transport costs as Rosewood School is located well to the north of the borough.

24. It is proposed that a contract be reviewed and renewed annually, with the first placements to be made for the summer term 2016.

Option of a Primary SEMH offsite 24 place provision

25. Currently there is no specialist Primary SEMH offsite provision across Dudley apart from the Sycamore Short Stay School that provides provision for up to twelve Primary aged pupils who have been permanently excluded from mainstream school. This provides for an extremely wide range of pupils, including several who have an Education and Health Care Plan (EHCP) or are undergoing assessment.

26. Historically, many of these pupils remain in this provision until they move across to specialist secondary provision. During the past 12 months there have been ongoing concerns raised by Primary Head Teachers colleagues around the significant increase of extreme behaviour of pupils, including high levels of aggression and violence from Early Years pupils. The questionnaire responses reflected this view with the highest number of pupils being identified at risk of permanent exclusion and being subject to reduced programmes coming from Reception and Years 1 and 2.

27. Approximate costs for a twenty four place Primary offsite SEMH provision indicate an annual revenue cost of £1.0m. These costs are based on a staffing model that includes a range of professionals including teachers, teaching assistants, educational psychologist, social worker and a play therapist that could support the complex needs of SEMH pupils across the Primary age range.

28. Using the cost outlined, the approximate cost for a full time pupil placement within this twenty four place provision is around £41,000. This is dependent upon the provision being full. Any spare capacity increases the pupil placement cost. The funding for this provision falls a long way short of Dudley’s SEN Place Plus model due to the size of the provision; based on all pupils Banded F, a twenty four place provision would provide funds of £560k and Band G funding would provide funds of £674k.

29. There would also be significant capital cost to establish ‘fit for purpose’ premises or indeed the premises.

6 SEMH Proposals and Financial Summary

Nurture Groups 30. The estimated cost of operating a Nurture Group within an existing primary schools is between £3,000 to £5,500 per full time pupil per annum plus capital set up costs, which will vary dependant upon the individual requirements of the School. Twenty five schools in Dudley are currently operating this type of provision.

31. Current operational costs suggest that an eight place full time provision would be between £25k to £40k per annum, this could be funded on an ad-hoc or one off arrangement using the DSG reserve and schools would be asked to match fund the provision.

32. There is evidence of the effectiveness of Nurture Groups therefore the Director proposes to earmark £250,000 from the DSG reserve to fund 10 additional Nurture Groups or match fund 20 additional Nurture Groups; this would be one off funding for one year at this stage. However, as there are 25 schools already operating Nurture Groups in Dudley schools, in order to consider how the one off funding is allocated, there would need to be a discussion held regarding the equity and fairness to the 25 existing schools before allocating the funding to increase Nurture Group provision at other schools. It is recommended that this proposal is further discussed at the Primary Heads Forum with recommendations for allocation to be brought back to Schools Forum for final approval at the June meeting.

Behavioural SEN Unit 33. Using Brook Badgers as an example, costs for an eight place onsite commissioned behavioural unit will be £139k per annum with eight pupils at Band E or £186k per annum with eight pupils at Band F.

34. As this is an established provision, existing revenue resources for a commissioned eight place Behavioural SEN unit have been earmarked for 2016/17 funded from the DSG.

35. Given the increasing trend highlighted in the questionnaire towards, younger pupils displaying SEMH difficulties, a focus on Key Stage 1 may be an option to consider.

36. There are also likely to be additional capital set up costs.

37. The proposal is to invite KS1 Primary School providers to enter into a five year commission in respect of a behavioural SEN unit.

Rosewood Special School KS2 Unit 38. Costs for a four place/pupil Band G onsite unit at Rosewood will be £112k rising by a further £72k for an additional four pupils top up at Band G.

39. Budget provision of up to £184k from the High Needs Block of the DSG will need to be made in respect of this new provision. It is assumed that this will be in addition to the existing five KS2 pupil placements out of the Borough with a current cost of £340k per annum.

40. The proposal is to enter into a five year commission in respect of a SEMH KS2 unit at Rosewood Special school from the Summer term 2016.

24 Place Offsite Provision

7 41. Development of a specialist twenty four place SEMH provision requires significant recurrent funding, alongside ‘fit for purpose’ premises. A specialist SEMH Primary twenty four place offsite provision based on a draft staffing structure that includes a number of specialist professionals to meet the needs of a complex cohort of pupils and running costs would cost approximately £1.0m per annum.

42. The High Needs Block of the DSG cannot currently sustain an additional annual ongoing revenue cost of £1.0m in respect of a twenty four place offsite provision. This could only be affordable on a recurring basis by re-directing existing DSG resources by either: • Top slicing the mainstream schools’ individual budget from 2017/18 onwards by £1.0m; or • Reconfiguring existing SEN services funded from the High Needs Block of the DSG to achieve a £1.0m saving.

43. In respect of top slicing the mainstream schools’ budget, the reduction required in the per pupil basic funded unit in relation to all pupils in the mainstream sector would be approximately £23, or £38 per pupil if targeted to primary sector only. Currently pupil unit rates for 2016/17 are £3,125 and £4,486, primary and secondary sector respectively.

44. If a twenty four place offsite provision was to be considered it is likely there would be a transferable but not 100% equivalent saving on the current placement of pupils at the Out of Borough providers (current cost £340k), it would however provide the Sycamore Short Stay School with the potential to explore shared programmes as a preventative measure to support the reduction of permanent exclusions. Suitable ‘fit for purpose’ premises would however need to be identified.

45. The proposal is to defer the decision regarding a twenty four place offsite provision for at least 12 months subject to a review of the effectiveness of the KS1 behavioural unit to be commissioned, the KS2 unit planned at Rosewood Special School and the decision regarding the provision of additional Nurture Groups within primary schools.

Recommendations

46. Schools Forum to consider the options detailed in this report and provide the Strategic Director People with a view in respect of the proposals outlined in paragraphs 30 to 45 of the report in respect of: • Nurture Groups; • Behavioural SEN Unit; • Rosewood Special School KS2 Unit; • 24 Place Offsite Provision .

Tony Oakman Strategic Director People Contact Officer: Karen Cocker, Finance Manager – People’s Directorate (Children’s Services) [email protected] Tel: 01384 81538

8

Appendix 1

Dudley Schools - Summary SEMH Questionnaire March 2015

Please note the information provided will only be used to help establish the current position across all Dudley schools. Individual responses will not be shared outside of the working group.

1. Can you please confirm if your school is running a Nurture Group (using The Boxall Profile) • Yes 9 • No 22 • Total 31

• Of those schools recording a ‘Yes’- 7 run Groups at Key Stage 1, 8 run Groups at Key Stage 2 with the remaining schools covering both KS1 & 2..

2. If yes, how effective is the Nurture Group • Gives children chance to engage/talk through problems. • Very effective pupils making huge strides in confidence, behaviour issues also addressed effectively. • Effective at building self confidence and social skills of the children involved but also allows other children within the class to learn without the distraction/danger of those pupils who attend nurture in the mornings. The impact on the children when they transfer back into class in the pm session is not as much as is hoped. The 5 children cannot cope with being in a whole class situation and we are stretched to breaking point by our desire to keep in mainstream school. • Nurture Room is very effective but Boxall Profile not used for all the children – counted as a NO. • Runs effectively – also supports families and siblings in KS 2. • Nurture group due to be started in September 15 - counted as a No. • We aren’t running a Nurture Group as such on a regular basis but we do use our nurture room to work with individuals and sometimes a small group. Our TA works in there every afternoon and over the course of 2013-14 we saw one third of our pupils ( R-Y6 ) in there for social and emotional support. We have used the Boxall profile occasionally. • Major impact on our most vulnerable pupils, helped to keep pupils into school and reintegrate in the main classroom. • Very effective in reducing anxiety and classroom disruption and promoting positive behaviour and school attendance.

3. Are you providing any other form of specialist on site support for pupils with SEMH difficulties? • Yes 27 • No 4

4. If yes please outline.

9 • Social Skills group run by Ed Psyc’. Rainbow room / Lunch time group voluntary, Learning Mentors, BEST team. • Alternative timetable solutions / additional non teaching support / learning mentor team increased team size / safe rooms where children can calm down. • Counselling service / Autism outreach / EP / Banardo’s /.SEN TA’s trained in coaching & support / focused feedback groups for learning coaching. Circle of friends / counsellor one session per week. • Learning mentor / qualified counsellor/Rainbow group for KS 1 and 2 - 16 pupils. • Hypnotherapy sessions from a behaviour specialist bought in TA specialising in behaviour support for individual / groups of children increasing cohort. Restructure will include this key role to impact across the school to support reduction in FTE. Learning mentor provides individual social and emotional difficulties. • Strong pastoral team with support provided at break and lunch times. High use of Sycamore and other agency. • Behaviour support consultant used as and when needed. • 2 pupils who are awaiting EHCP receiving support from Sycamore / EP/School Counsellor / Sycamore / Positive parenting / SENCO trained to deliver nurture group training & staff received wide range of training in SEMH. • Established identification of troubled children for many years and provided range of support. • Buy in mentor link for 7 SEMH pupils - one hour each child per week. • Counselling / Circle of Friends groups ad small pastoral support groups. • 1;1 support / RIPE / Support from Sycamore / Whole school training on behaviour management / 1:1 support / small support group for year 1. • Just created Nurture type room and about to start some 50 minute model session / EP undertaken therapeutic nature rather than Psychological with one vulnerable pupil and family. • ‘Den’ works with pupils with autism also anger management and general pastoral welfare. • Advice training and supervision support from EP / Clinical Psychologist / CBT therapist / Inclusion manager. • EP service and specialist support for individuals and work with groups of pupils. Counselling service supporting 2 children. • Not specialist but we do provide a mentoring group. • Sycamore support provide individual pupil support and staff training. • Behaviour Unit on site – Badgers.

5. How many pupils in your school are on a reduced timetable (RIPE) as a result of SEMH difficulties? • Total 17

6. Can you please provide a breakdown of numbers by year group? • Reception 8

10 • Year 1 4 • Year 2 0 • Year 3 1 • Year 4 1 • Year 5 0 • Year 6 3

7. How many pupils in your school do you consider are at serious risk of permanent exclusion? • Total 23

8. Can you please provide a breakdown of numbers by year group? • Reception 4 • Year 1 6 • Year 2 3 • Year 3 2 • Year 4 1 • Year 5 5 • Year 6 2

9. Please add below any other comments you would wish to make with regards to pupils with SEMH difficulties in your school and/or any thoughts you have on current/future provision for pupils with SEMH. • We do want to start a nurture group and would be looking for support in order to set up a successful provision. Ongoing outreach support and training will continue to be a high priority for us. • Staff consistently having to handle pupils / Staff morale with younger pupils low due to challenging needs of cohort / No support in helping children at such risk – CAMHS support not available for pupils so young / Flexibility of additional staff coming in to support in the setting / support for children needed when pupils cannot cope in mainstream school / parental engagement critical as parents presenting with MH difficulties and needing support / Support from Children’s Centres had been available but this has been significantly reduced. • New EP package bought. • Significant gap in support for pupils who are at risk of self harming / suicidal. • Early provision needed for SEMH increasing numbers of issues arising – pupils at risk of disaffection. School considering introducing nurture group, SENCO liaising with EP re training. • Pupil identified in Year 3, Sycamore support involved. • Role to be developed within school staffing structure to meet the needs of SEMH including parental support. • We are extremely patient and pastoral towards SEMH children, and their parents, and are keen for them to remain in our school. This can be to the detriment of other children as our resources in terms of personnel and supplies are stretched immensely. The reason for this is two-fold. There are limited places at special schools, and we pride ourselves on how we manage these vulnerable children and keep them in school, learning. It does come at both a financial and emotional cost for the staff and school, and at times we feel very much alone because we do work so well to keep

11 children included. It is often the case that children with whom we have worked hard to keep in our school in the nurturing environment, lose their way once they get to secondary and end up being excluded or on modified timetables. • Access to part time placements at a unit may help prevent P/EX. • Sycamore Outreach Centre has been invaluable in supporting our school. However, the child on a RIPE is at serious risk of permanent exclusion and there is no provision for this child within Dudley. CAMHs say he is an extremely complex case and all agencies involved agree. • We are seeing more pupils of a younger age (early primary) unable to cope with the structure of school life and presenting with SEMH issues that we do not have the capacity, or the expertise, to deal with. • We are in real need for specialist Primary aged provision in the borough. • I have no immediate need but I appreciate that the risk is always there. I do think that schools should be encouraged to have many preventative processes in place and perhaps the audit here is looking at that first. I would be hesitant about financially supporting SEMH provision for schools to use where they have made none or little use of their own resources to try and prevent the need for such a centre to exist. • We have found it very difficult to support children who have SEMH difficulties. The Sycamore Centre no longer take children for short stay unless they have been permanently excluded which we are trying to avoid. It only leaves us the option to put a RIPE in place which is not necessarily an effective solution to the problem. There is clearly a need for a provision to meet the needs of children with SEMH difficulties who are. in danger of becoming permanently excluded. It is extremely frustrating to almost have to wait for this to happen before help is available. These children and their families are already in crisis. • The number of children with SEMH is increasing; GPs appear to be advising parents to seek support from schools when it may not necessarily be an issue related to school and school may not have the resources to respond appropriately. More support from the medical profession on how to deal with some of the difficult issues around mental health would be welcomed. There needs to be appropriate provision for primary aged children who are struggling with mainstream education. • Experience recently of two children with complex SEMH difficulties who have started my school. One was on a managed move and currently only does an hour a week. The other child has slowly built up to full time. My concern is the lack of provision for these children when not attending school full time. Support from the Sycamore has been great however the question still is to be asked, particular for one child, is main stream for them and if not WHERE else can they attend? • LA support is fragmented especially NH services need to be accessed. LA requires increased provision.

10. Reference to invaluable Mere/ Sycamore support • We work closely with Sycamore and are extremely grateful for their support. We also have Ed psych involvement for both pupils. Both can be violent to staff (biting, scratching, kicking etc).We have provided 1: 1 support for one of the pupils since the 2nd week in September when it became apparent that he was going to struggle in school. Pre-school had not flagged any issues up at all. Mum has taken him to CAMHS who said he was too young. We are doing our best but know it’s not good enough. In

12 readiness for him entering Year 1 we are looking at available space and have decided to change our dedicated PPA room into a small ‘nurture ‘ room. • Some provision is desperately needed within the borough which caters for those children who have emotional needs which leads them to poor behaviour. We have had many children who would be out of place in the short-stay centre but who have no other avenue of support. I agree with the principle of top slicing some of all schools’ budgets in order to provide some extra support to schools akin to ‘respite care’ where pupils could go temporarily for some emotional and social support. • There needs to be central provision which is targeted at primary and in particular early years. We have seen the greatest impact from working with families in R/Y1. Permanent exclusions could be reduced by providing respite/dual registration at a setting with appropriate funding, resources and fully qualified staff who are able to provide therapy/solutions to families. • We have increasing numbers of children in school with SEMH and are very concerned about the future for these children. Despite rigorous and consistent use of a comprehensive behaviour policy, consistently good and outstanding teaching, consistency in teachers (we rarely have supply so our children know their teachers well) , well planned transition between phases and year groups, generous numbers of staff, considerable 1:1 support, use of the Ed psych and other professionals and following their advice, personalised intervention and learning, tailored support for parents and families, we still have children in school for whom SEMH is a very serious issue and a barrier to achievement. With CAMHS accepting so few children and alternative provision for extreme cases only, it is frustrating and sometimes difficult to know what to do next. We feel very strongly that there is a ‘gap’ in Dudley for provision for these children and we would welcome any further support and advice. • Bereavement counselling required at a reasonable cost. • There would be more children who would be a serious concern without the early intervention strategies in place and skills of staff. Also we have a good EP, counselling support and Sycamore Outreach. • Although I currently don’t have any children with SEMH who would warrant off-site provision I do feel, like the majority of colleagues, it is essential Dudley has appropriate and effective provision for the growing number of children who require alternative provision; this is especially important for our youngest children at key stage 1. Although no school should feel children with SEMH difficulties are somebody else’s responsibility, my perception is there are a growing number of children who are really struggling in their mainstream classes because of their significant difficulties and sticking plasters (such as occasional visits from Mere staff - however useful they are – the staff are wonderful) does not give either the children or mainstream school staff what is needed ie high quality off-site provision that hopefully enables the vast majority of children to then successfully return to their schools.

13 APPENDIX A Dudley LA Banded Framework - Lookup 2016-17 Inflation 2.00%

Mainstream Schools Special Schools

Provider Factor - Equivalent Post 16 (Rosewood Banding Notional SEN Top up Funding Total hours Place Funding Top up Funding Supplement Only) Total

A1 6,000 0 6,000 <5hrs 0 0 0 A2 6,000 0 6,000 <10hrs 0 0 0 A3 6,000 0 6,000 <15hrs 0 0 0 A4 6,000 0 6,000 <20hrs 0 0 0 B 0 0 0 10,000 1,401 1,164 12,565 B1 6,000 788 6,788 <22.5hrs 0 0 0 B2 6,000 1,577 7,577 <25hrs 0 0 0 B3 6,000 3,154 9,154 <30hrs 0 0 0 B4 6,000 3,943 9,943 =>30hrs 0 0 0 C 0 0 0 10,000 3,785 1,164 14,949 D 0 0 0 10,000 4,381 1,164 15,545 E 0 0 0 10,000 7,360 1,164 2,400 20,924 F 0 0 0 10,000 13,318 1,164 2,400 26,882 G 0 0 0 10,000 18,085 1,164 2,400 31,649 H 0 0 0 10,000 25,235 1,164 2,400 38,799

14

Agenda Item No. 7

Dudley Schools Forum – 22nd March 2016

Report of the Strategic Director People

Dedicated Schools Grant Projected Outturn Update 2015/16

Purpose of Report

1. To provide Schools Forum with the latest financial forecast in respect of the Schools Budget for the 2015/16 financial year ending 31 March 2016.

Budget Working Group Discussed

2. No.

Schools Forum Role and Responsibilities

3. From 1 April 2006, the Schools Budget has been funded by a direct Department for Education (DfE) grant: the Dedicated School Grant (DSG).

4. Schools Forum is the ‘guardian’ of the local Schools Budget, and its distribution among schools and other bodies, and therefore must be closely involved throughout the development process.

Action for Schools Forum

5. To note the 2015/16 forecast financial outturn in respect of the Schools Budget summarised at Appendix A.

Attachments to Report

6. Appendix A - Dedicated Schools Grant forecast Outturn Statement 2015/16.

Karen Cocker Finance Manager – People’s Directorate (Children’s Services) 1 March 2016

15

Dudley Schools Forum – 22nd March 2016

Report of the Strategic Director People

Dedicated Schools Grant Projected Outturn Update 2015/16

Purpose of Report

1. To provide Schools Forum with the latest financial forecast in respect of the Schools Budget for the 2015/16 financial year ending 31 March 2016.

Background

2. The Dedicated Schools Grant (DSG) is a DfE ring fenced grant which funds the Schools Budget. Where the Schools Budget is defined as a combination of centrally retained budgets together with the ISB (Individual Schools Budget).

3. The DSG can only be applied to meet expenditure properly included in the Schools Budget, as defined by the School Finance and Early Years Regulations 2015.

4. At final outturn stage, the local authority is required to append an additional note to the Statement of Accounts confirming the deployment of the DSG in support of the Schools Budget, as required by the Accounts and Audit (Amendment) (England) Regulations 2006. The Chief Finance Officer is also required to confirm final deployment of the DSG in support of the Schools Budget in connection with the section 251 outturn form.

5. This report is an update position at 31 January 2016 in respect of the central budget areas of the DSG for the 2015/16 financial year.

6. For the purposes of declaring the DSG outturn, the amount of the Individual Schools Budget (ISB) actually distributed to schools is regarded, for DSG purposes, as spent by the authority once it is deployed to schools’ budget shares. Thus whilst the Individual Schools Budgets (ISB) element of the DSG can be under-spent this is recorded as a school’s roll-forward.

Dedicated Schools Grant for 2015/16

7. For the 2015/16 financial year the DSG is currently £234.500m which, after the Academy School budget transfers of £53.339m, is £181.161m.

8. Whilst Dudley is responsible for calculating the budget share for each Academy School which total £53.339m at 31 January 2016, each of the 18 Academy Schools receive their annual budget as a direct grant from the Education Funding Agency.

16 9. The remaining £181.161m relates to Dudley Schools and centrally provided services as follows: a. £24.928m relates to central budgets with a contribution of £3.523m from the DSG accumulated reserve. b. £1.730m de-delegations from maintained mainstream schools. c. £160.026m Dudley school and nursery education delegated budgets with a contribution of £2m from the DSG accumulated reserve.

10. A further £1.648m is payable in grant by the Education Funding Agency which is passed directly to Dudley’s three 6th form maintained schools (one mainstream and two special schools).

11. Appendix A indicates that there is forecast under-spending in respect of the centrally retained DSG budget for 2015/16 of £0.726m at 31 January 2016.

a. Savings against budget of £0.200m relate to the 2015 summer term and autumn term adjustments for nursery education in the maintained and PVI (Private, Voluntary and Independent) sector; b. Pupil exclusion funds recouped from schools are in excess of the target which results in a budget saving of £0.240m; c. The educational placements budget for out of borough pupils with non SEN is in excess of the £0.4m budget by £0.060m; d. The educational placements budget for out of borough pupils with SEN is in excess of the £0.8m budget by £0.600m and has been funded by the High Needs contingency; e. Security costs at former Pensnett Annexe school site have cost £0.140m to cover the period prior to Pensmeadow Special School post 16 annexe opening in September 2015; f. The commissioned primary age pupil behavioural unit at Brook Badgers closed at the end of July 2015. An underspend to budget of £0.060m will arise in respect of the non commission for the remainder of the financial year; g. The remaining high needs contingency of £0.300m can now be released to offset other pressures; h. Vacancies and smaller variances account for the balance of the underspending forecast.

12. If an authority’s actual spend on central expenditure is less than its central expenditure budget, the under-spend must be carried forward to support the Schools Budget in future years. Where the under spend includes funding in respect of de- delegated items then the surplus funds (or overspending) at the end of the financial year can be carried forward into the next financial year when the schools’ budgets will be adjusted accordingly.

Finance

13. The funding of schools is prescribed by the Department for Education (DfE) through the School and Early Years Finance (England) Regulations 2015 which came into

17 force on 7 January 2016.

14. Schools Forums are regulated by the regulated by the Schools Forums (England) Regulations 2012 as amended by the 2014 and 2015 School and Early Years Finance (England) Regulations.

15. From 1 April 2006, the Schools Budget has been funded by a direct grant: Dedicated School Grant (DSG).

Law

16. Councils’ LMS Schemes are made under Section 48 of the School Standards and Framework Act 1998. The Education Acts 1996 and 2002 also have provisions relating to school funding.

Equality Impact

17. The Council’s Equal Opportunities Policy is taken into account when considering the allocation of resources.

Recommendation

18. Schools Forum to note the 2015/16 forecast outturn position in respect of the centrally retained areas of the Schools Budget, which is funded by the Dedicated School Grant.

Tony Oakman Strategic Director People Contact Officer: Karen Cocker, Finance Manager – People’s Directorate (Children’s Services) [email protected] Tel: 01384 81538

18 Appendix A Dedicated Schools Grant Forecast Outturn 2015/16 at 31 January 2016 People Directorate (Children’s 2015/16 2015/16 2015/16 2015/16 Outturn Comments Services) DSG Budget Area DSG DSG DSG Variance to Budget Original Latest Forecast () % Budget Budget Outturn =u’spend £m £m £m £m Individual Schools Budget (ISB) (Nursery, Primary, Secondary, Special & PRU) 161.475 160.026 160.026 0* 100% *schools’ roll-forward any under spend.

Post 16 pupils - 6th Form Funding 1.642 1.648 1.648 0 100% Three 6th form schools; 1 secondary & 2 special.

De- Delegated Budgets 1.730 1.730 1.730 0 100% Increase in Permanent exclusions. Nursery Centrally Retained Budgets 24.578 24.928 24.202 (0.726) 97.1% budget allocations to schools/PVI lower than budget. KS2 out of borough placements funded from HNB contingency. BESD Unit not commissioned for 2015/16 academic year and remaining contingency released. Vacancies in SEN services. Education Funding Agency (EFA) 6th form Oldswinford Hospital School, Old Park grant (1.642) (1.648) (1.648) 0 (100%) Special School, Pensmeadow Special School. Planned: £2.5m to schools in lump sum, Use of DSG Reserve (5.523) (5.523) (5.523) 0 100% £0.51m re FSW/Teachers support in Children Centres, £0.5m Primary pupil growth, £0.5m raising participation age support in special schools, £1.5m VA/Foundation school loan fund for Equal Pay.

Total DSG payable to Dudley 2015/16 182.260 181.161 180.435 (0.726) 99.6% Academy Schools Funding paid to School via 52.413 53.339 53.339 0 100% Allocated to 18 Academy School directly via EFA the Education Funding Agency at 31 January 2016

Total DSG 2015/16 234.673 234.500 233.774 (0.726) 99.6%

19

Agenda Item No. 8

Dudley Schools Forum – 22nd March 2016

Report of the Strategic Director People

Dedicated Schools Grant Planning Process 2016/17 – Final Update

Purpose of Report 1. To provide Schools Forum with a final update in respect of the Dedicated Schools Grant budget planning process for 2016/17 and to carry out the annual consultation on financial issues, as required by the Schools Forum (England) Regulations 2012.

Discussed at HTCF – BWG 2. Yes –18 March 2016.

Schools Forum Role and Responsibilities 3. From 1 April 2006, the Schools Budget has been funded by a direct Department for Education (DfE) grant: the Dedicated School Grant (DSG).

4. The Forum is the ‘guardian’ of the local Schools Budget, and its distribution among schools and other bodies, and therefore must be closely involved throughout the development process.

5. The Schools Forum Regulations 2012 refers to the Consultation on Financial Issues. Where the authority must consult the Schools Forum annually in respect of the authority’s functions relating to the schools budget, in connection with the following: • arrangements for the education of pupils with special educational needs and in particular the places to be commissioned by the local authority in different schools and other institutions, and the arrangements for paying top-up funding to schools and other institutions; • arrangements for the use of pupil referral units and the education of children otherwise than at school and in particular the places to be commissioned by the authority and by schools in pupil referral units and other providers of alternative provision, and the arrangements for paying top-up funding to pupil referral units and other providers of alternative provision; • arrangements for early years provision; • administrative arrangements for the allocation of central government grants paid to schools via the authority.

6. The authority may consult the forum on such other matters concerning the funding of schools as they see fit.

20

Actions for Schools Forum 7. To note the updated information in respect of the Dedicated Schools Grant and the annual consultation on financial issues for the 2016/17 financial year.

Attachments to Report 8. Appendix A – Dudley’s Banded Framework for 2016/17. 9. Appendix B – Dudley Pre and Post 16 Commissioned and Centrally Provided Planned Places for 2016/17 academic year.

Karen Cocker Finance Manager – People’s Directorate (Children’s Services) 1 March 2016

21

Dudley Schools Forum – 22nd March 2016

Report of the Strategic Director People

Dedicated Schools Grant Planning Process 2016/17 – Final Update

Purpose of Report

1. To provide Schools Forum with a final update in respect of the Dedicated Schools Grant budget planning process for 2016/17 and to carry out the annual consultation on financial issues, as required by the Schools Forum (England) Regulations 2012.

Background Consultation

2. The Dedicated Schools Grant can only be used for the purposes of the Schools Budget as defined in the School and Early Years Finance Regulations.

3. The Schools Budget consists of delegated budgets allocated to individual schools, Pupil Referral Units (PRUs) and Early Years Provision in Private, Voluntary and Independent (PVIs) providers, a budget for other provision for pupils which local authorities fund centrally, which now includes the major element of high needs provision, including post-school provision up to age 25, together with centrally retained expenditure in respect of special education needs and early years services.

4. The DfE present the Dedicated School Grant in three un-ring fenced funding blocks for the local authority where Authorities are free to move funding between the blocks provided that they comply with requirements of the Minimum Funding Guarantee (MFG) and central expenditure limits/Regulations: • Schools Block; • Early Years Block; and • High Needs Block

5. For 2016/17 a series of central expenditure controls remain a requirement for Schools Forum to approve; as discussed and agreed at the Forum meeting in February 2016.

6. Mainstream school budgets have now been issued for 2016/17. There is a requirement to issue special schools, PRUs and Early Years providers with a budget by 31 March 2016.

22 Dedicated Schools Grant (DSG) Budget Update for 2016/17

7. Since the February report to Forum, there have been no further DSG funding updates from the DfE therefore the Early Years Block updated financial data remains outstanding from the DfE.

8. The Early Years Census data has now been recorded by providers and is in the process of validation by the LA before submission to the DfE. Table 1 will be updated at the meeting in respect of the relevant data and early years funding which will not be available until 11 March 2016, after this report is produced.

9. Forum should also note that there will be further in year adjustments in respect of the Early Years Block during 2016/17 for the Spring 2017 updated pupil count data which is backdated to September 2016.

Table 1 -Dudley Provisional Dedicated Schools Grant 2016/17 at March 2016

Pupil Unit of Schools Early High Data Funding- Block Years Needs Oct 15 per pupil Block Block and £m Jan 15 £m £m Total Funding Pupil Led 43,156 £4,459.29 192.445 Carbon Reduction 43,156 -7.51 -0.324 Commitment tax – pupil led Newly Qualified Teachers 0.063 3 & 4 year olds early education 2,913 £3,650.97 10.636 pupil led funding- provisional lagged at January 2015 pupil data Early Years Pupil Premium 1,022 0.53 0.308 provisional lagged at January per hour 2015 pupil data 2 year olds early education – 450 4.89 2.090 Dudley provisional lagged at per hour January 2015 pupil data or £4,645.50 per fte 2015/16 Baseline Funding 30.211 carried forward to 2016/17 Additional top up funding 0.529

Provisional 2016/17 DSG 192.184 13.034 30.740 Budget Total DSG 2016/17 £235.958m

23

Annual Consultation Process

10. The Schools Forum Regulations state that the local authority must consult with the Schools Forum annually in respect of the Authority’s functions relating to the schools budget, in connection with the following:

• arrangements for the education of pupils with special educational needs and in particular the places to be commissioned by the local authority in different schools and other institutions, and the arrangements for paying top-up funding to schools and other institutions; • arrangements for the use of pupil referral units and the education of children otherwise than at school and in particular the places to be commissioned by the authority and by schools in pupil referral units and other providers of alternative provision, and the arrangements for paying top-up funding to pupil referral units and other providers of alternative provision; • arrangements for early years provision; • administrative arrangements for the allocation of central government grants paid to schools via the authority.

10. A summary of each of the key areas is outlined below in order that Forum members can give a view, as required under the 2012 Regulations.

Arrangements for Pupils with Special Educational Needs (SEN)

11. There have been and still remain a number of changes both nationally and locally impacting on the arrangements for pupils with special educational needs since the DfE School Funding Reforms changed the funding for all high needs pupils in April 2013.

2013 Special Educational Needs Reforms

12. The April 2013 reforms introduced a new funding methodology for special educational needs based on a guaranteed planned place arrangement together with real time funding assessed against a continuum of need framework, known as a SEN banded framework or ‘top up funding’. Dudley’s banded framework has been in place since 2013/14 and for 2016/17 and the top up funding will be increased by average inflation of 2%; this is attached at Appendix A. This funding methodology applies to:

. Educational establishments with a planned place arrangement, such as special schools, Pupil Referral Units, special educational needs Resource Units, Post 16 Further Education and Learning Disabilities and Difficulties, where a place- plus top up funding basis is used.

. Mainstream pupils with high needs special educational needs, the school receive additional funding on a top up basis, which is in addition to the delegated budget.

24 Planned Places 2016/17

13. Dudley proposes to commission pre 16 planned places for the 2016/17 academic year in line with Appendix B. The Education Funding Agency (EFA) is responsible for the funding arrangements in respect of planned places for post 16.

2014 Special Educational Needs Reforms

14. The 2014 Children and Families Act introduced key changes for children with special educational needs and their families. The changes from 1st September 2014 include:

• Introduction of a revised Code of Practice; • Places a requirement on health services and local authorities to jointly commission and plan services for children, young people and families; • Replaces Statements of Special Educational Needs with a single assessment process and an Education, Health and Care Plan and provides statutory protection comparable with those in Statements for young people who are in education or training up to the age of 25; • Obliges the local authority to publish a local offer; • Gives parents or young people the right to a personal budget for their support.

15. In respect of the Special Educational Needs 2014 reforms Dudley has:

• Published a Local Offer on the Dudley website; this sets out relevant the information in respect of the provision available in the local area for children and young people to access, including those that do not have Education, Health and Care Plans; • Set up a three year transfer process with Dudley Special Schools to assist with the transfer review and to ensure that the Education, Health and Care Plans comply with the current guidance and legislation; • Provided a range of training to cover all aspects of the transition; • Installed the Tribal information technology software which is operational; • Immediate priorities to continue to communicate with all stakeholders and provide a strategy for joint working. This will also support the requirement to provide personal budgets and will be covered in the LA ‘s SEN strategy which has been drafted and awaiting approval; • Undertaken project work with Children’s and Adult Services to review the personal budgets process, in order to develop and implement a working model for Children’s Services; a child or his/her parents can request a personal budget once the local authority has completed the assessment and confirmed that it will prepare an Education, Health and Care Plan.

16. The Department for Education (DfE) provides non ring fenced grant funding to local authorities to provide support with the implementation of the SEND reforms, as detailed in paragraph 53.

25 Longer-term Changes and Call for Evidence - Special Educational Needs and Disabilities (SEND) Funding

17. In July 2014, the Minister for Schools, announced changes to the distribution of funding for mainstream schools within local authorities’ Dedicated Schools Grant for next year to address some of the unfairness in the current allocations. The Minister acknowledged that there will not be a completely fair education funding system until the DfE also reform the distribution of funding for pupils with high cost special educational needs and disabilities and explained that this would be a priority for reform during the next Parliament.

18. The DfE therefore issued a consultation document in November 2014, inviting interested parties to help with this work and to provide answers to some other questions about how Special Educational Needs funding can be distributed more fairly. The outcomes of this review were published on 7 March 2016 together with the High Needs Funding Formula and Other Reforms.

19. The Government announced, in the November 2015 Spending Review, a proposal to adopt a National Funding Formula for schools, high needs and early years so that funding is transparent and fairly matched to need. A series of consultations and technical guidance documents were issued on 7 March 2016 with a 17 April 2016 closing date for responses; the effective date of implementation is anticipated as April 2017.

• High Needs Funding Formula and Other Reforms: Government Consultation Stage One. • High Needs Funding Consultation: Technical Note. • Research on Funding for Young People with Special Educational Needs: Research Report. • Schools and High Needs Funding Reforms: The Case for Change and Consultation Summary. • Schools National Funding Formula: Government Consultation Stage One. • School Revenue Funding: Current Arrangements.

Dudley’s Other Special Educational Needs Services (SEN)

20. There are no changes proposed to Dudley’s mechanism for funding SEN central services funded by the DSG for: • Counselling Service (traded) • Visual Impairment Service • Hearing Impairment Service • Physical Impairment Medical Inclusion Service • Learning Support Service (traded) • Autism Outreach Service • Specialist Early Years Service • Speech & Language Centre • Specialist early years provisions

26

Arrangements for use of Pupil Referral Units and the Education of Children Otherwise than at School

Pupil Referral Units

21. Pupil Referral Unit provision in Dudley is located at the Sycamore Short Stay School for behavioural provision and the Cherry Tree Learning Centre for home and hospital tuition.

22. The Management Committees for both Cherry Tree Learning Centre and the Sycamore Short Stay School are fully established and operating in line with the DfE governance requirements. The membership consists of school, community, local authority, staff and parent members. In line with DfE requirements they have fully delegated financial powers.

Behavioural Pupil Referral Unit

23. As part of the 2013/14 DfE School Funding Reforms, there was a financial requirement for Dudley to review the structure of the behavioural pupil referral unit provision at the Sycamore Short Stay School and in September 2014 the final restructure of the provision was put in place with KS1/2 and 3 being located at the Sycamore Centre. The move to locating all behaviour provision onto a single site is a key factor in ensuring a more cost effective service that incorporates a more flexible and targeted staffing resource.

24. For KS1/2, the behavioural pupil referral unit provides primary outreach services funded by primary schools on a de-delegated basis. The funding provides for a minimum core offer to all schools that includes both emergency support for serious behaviour issues and a wide menu of behaviour management support that builds capacity in schools. This menu of support is tailored to meet the needs of all schools and specific issues/trends as they arise.

25. KS4 provision is provided partly though the use of alternative provision and partly through secondary schools based on a township model.

Emotional and Medical Pupil Referral Units

26. There are no further DfE changes proposed for 2016/17 in the funding arrangements for emotional and medical pupil referral units. Therefore Cherry Tree Learning Centre will continue to be funded on a historical basis in respect of their places until such time that the DfE review the funding arrangements for this provision.

Alternative Provision

27. Dudley currently has a number of service level agreements for placements with external alternative providers which make provision for KS4 excluded pupils, where a pupil is not able to be educated within the maintained PRU provision. For 2016/17 these are detailed in Table 2.

Table 2 – Commissioned Alternative Provision

27 Alternative Provider Places 2016/17 25 places

Newhall 10 places

Continum Care 5 places

Stourbridge College 10 places

Black Country Wheels 30 places

Arrangements for Early Years Provision

28. There are no changes proposed to the funding arrangements in respect of Dudley’s early year’s provision for 2016/17.

29. However in relation to the introduction of the free 30 hour early education entitlement from September 2017 and the additional uplift in 2, 3 and 4year old funding, including capital to build capacity and support the 30 hour entitlement announced in the November 2015 Government Spending Review, there will be a new national rate of £4.88 per hour (local weighting will be applied) for 3 and 4year olds. Also, in addition, a new national rate for 2 year olds of £5.39 per hour confirms the Government’s commitment to fund 2 year old entitlement for disadvantaged children. These new rates will be applicable from April 2017. It is anticipated that the DSG funding to Dudley for 2017/18 will increase in line with this policy change.

30. Also announced in order to support and build capacity, was an allocation of capital funding to create nursery provision as part of new Free Schools. DfE estimates that at least 4,000 places will be created nationally this way, and in addition, DfE intends to allocate at least £50million of capital to support the creation of early years places across the maintained and Private, Voluntary and independent sectors.

31. The Government has also announced that it will introduce a National Funding Formula for schools, high needs and early years so that funding is transparent and fairly matched to need. For early years, this will help to ensure that as much funding as possible reaches the frontline and that funding is fairly distributed between different type of providers and different parts of the country.

32. Eligibility for the free 30 hour childcare entitlement will include households where:

Both parents are working and/or: • One parent working in lone parent family (earning equivalent of 16 hours a week on National Minimum Wage or Living Wage and less than £100,000 per year) including the self-employed; • One/both parent/s is temporarily away on leave (maternity, paternity, parental or adoption leave); • One/both parent/s on Statutory Sick Pay; • One parent is in receipt of benefits relating to caring responsibilities or their disability; or

28 • One parent is employed and one parent is disabled or incapacitated (on specific benefits).

33. The Government believes that including parents who are temporarily away from the workplace will help families to maintain their childcare arrangements, supporting their transition back to work at the end of parental leave or period of ill health and avoiding disruption to the child.

34. Parents will remain eligible for the free entitlement if they access tax credits, Universal Credit, Tax-Free Childcare and other childcare schemes to help pay for any additional childcare they need in addition to their free entitlement.

35. The Government will consult on the role of local authorities in the delivery of funded childcare and the National Funding Formula for early years shortly, and intends to engage closely with LA’s to hear their views on this package of reforms

Administration Arrangements for the Allocation of Central Government Grants

36. All grants allocated to schools via the local authority from Central Government are based on the Government’s set criteria. Schools are advised of the value of the grant for budget purposes in March with the actual cash being paid to the school when this has been received by the local authority.

Revenue Grants

Pupil Premium

37. The Pupil Premium is the most significant grant distributed to schools. This is a DfE grant provided as additional support for looked after children and those from low income families. Schools are free to spend the money they are allocated as they see fit, however the DfE is clear that schools will be held accountable for how this additional funding to support pupils from low-income families and from service families is used. It was worth £625m nationally in 2011/12 rising to £2.5bn by 2015/16.

38. For 2016/17 the rates will remain unchanged at 2015/16 values; schools will receive £1,320 per primary pupil who is currently eligible for free schools meals (FSM) or has been eligible for FSM in the past 6 years (FSM ‘Ever 6’) and the allocation for secondary sector will be £935 for FSM ‘Ever 6’ pupils. Eligible Looked After Children will receive £1,900 each.

39. The DfE will update and finalise the 2016/17 allocation in December 2016 based on the number of children looked after for at least one day during the year ending March 2016 as recorded in the March 2016 children looked-after data return (SSDA903) and aged 4 to 15 at 31 August 2015. This update may have an impact on some schools’ allocations.

40. The pupil premium for 2016/17 will include pupils recorded in the January 2016 school census and alternative provision census who were looked after by an English or Welsh local authority immediately before being adopted, or who left local authority care on a special guardianship order or child arrangements order (previously known as a residence order). These are collectively referred to as post-LAC in these conditions of grant

29 41. The estimated grant for Dudley maintained schools’ is £262,200.

Early Years Pupil Premium

42. A Pupil Premium of approximately £300 per year (£0.53 per hour) introduced in April 2015 will be continued for three and four year olds from low income families. A child will be eligible if they are three or four years old receiving 15 hours of Government funded early education, and meet one of the following criteria: • Those families meeting the criteria for free school meals; • Children that have been looked after for at least one day; • Children that have been adopted from care; • Children that have left care through special guardianship; and • Children subject to a child arrangement order.

43. The indicative allocation for 2016/17 is £308,675 and this is based on a speculative headcount of eligible three and four year olds of 1,022.

Year 7 Catch Up

44. Year 7 catch up grant funding was a new grant from 2012/13 and schools receive an additional premium of £500 for each Year 7 pupil who has not achieved at least level 4 in reading and/or maths (maximum £500 per pupil) at Key Stage 2. The premium is available to all state-funded schools with a Year 7 cohort, including PRUs and special schools. The grant for Dudley maintained schools is £151k for 2015/16 however, confirmation from the DfE is still awaited in respect of any grant available for 2016/17.

PE And Sports

45. The PE and Sports Grant has been available for three academic years 2013/14, 2014/15, and 2015/16. All schools with 17 or more eligible primary school pupils received £8,000 for the academic year, plus a top-up of £5 per eligible pupil. Schools with 16 or fewer eligible pupils receive £500 per eligible pupil. For 2015/16 academic year the grant for Dudley maintained schools is £0.734m. The DfE have confirmed that the primary PE and sport premium continues in 2016/ 17 however, further details are still awaited from the DfE in respect of funding for 2016/17.

Post 16 Mainstream Funding

46. Post 16 mainstream school provision funding is provided as a grant from the Education Funding Agency. The grant for 2015/16 was £1.642m and related to one mainstream and two special maintained schools. The Education Funding Agency will advise Dudley of the 2016/17 allocations by 31 March 2016.

30 Universal Free School Meal Grant for Infants

47. The Government announced the strategy for funding free school meals for all children in Reception, Year 1 and Year 2 in state primary schools from September 2014.

48. The DfE have confirmed they will continue to pay a flat rate of £2.30 per meal taken, based on actual take-up by newly eligible infant pupils which will be measured in the Schools Census for the Autumn and Spring terms.

49. Schools with 150 or fewer pupils were given an additional small schools grant in academic years 2014/15 of £3,000 and 2015/16 of £2,300. This grant funding will cease from academic year 2016/17 as confirmed by the DfE.

50. The grant funding is available in respect of those pupils in Reception, Year 1 and Year 2, who are not currently eligible for a Free School Meal.

51. Schools are reminded to encourage parents or carers of all children who meet the eligibility criteria for Free School Meals to apply online at the below address in order to ensure the school receives its full entitlement for Pupil Premium grant. http://www.dudley.gov.uk/resident/your-council/council-tax-and- benefits/benefits/free-school-meals/

Special Educational Needs and Disabilities (SEND)

52. The DfE has provided non ring fenced grant funding to local authorities to provide support with the implementation of the Special Educational Needs and Disabilities reforms: . SEN Implementation Grant. Dudley’s allocation for 2016/17 is £197,100.

53. Paragraph 14 and 15 provide further details.

Capital Grants

Devolved Formula Capital Grant

54. Devolved Formula Capital grant remains unchanged for 2016/17 and is calculated using the same methodology as in previous years. The national budget has been set at approximately £200m a year. Every school gets a fixed lump sum and a variable amount based on pupil numbers. The lump sum and per pupil rates will stay the same for the whole 3 year allocation period. These allocations will be calculated each year to reflect the latest January school census.

55. Dudley is responsible for the payment of devolved formula capital for all maintained schools excluding Voluntary Aided (VA) schools; as VA school premises are not within the ownership of a local authority then the DfE pay the grant directly to the VA school Governors.

56. For 2016/17 Dudley will allocate Devolved Formula Capital grant to schools of £730,183 and £85,519 based on the rates shown in Table 3.

31 Table 3 –Devolved Formula Capital 2016/17

Type of school Lump Sum Per Pupil £ £ £ Nursery and Primary £4,000 £11.25 Secondary £4,000 £16.88 Post 16 £4,000 £22.50 Special schools and Pupil Referral Units and £4,000 £33.75 Boarding Pupil rate

Basic Need Capital Grant

57. The Education Funding Agency calculate the annual allocations of basic need capital funding to local authorities for the provision of school places. The latest model calculated allocations for the financial year 2017/18 and update funding for 2015 to 2017.

58. The Education Funding Agency conducted the 2015 School Capacity Survey (SCAP) which collects data from Local Authorities for each primary and secondary planning area on current school capacity and forecast pupil numbers.

59. The principle of the calculation is to determine each planning area’s shortfall and share out the total Basic Need funding available nationally to local authorities in proportion to their shortfalls.

60. Dudley’s latest allocation as notified in February 2015 is as detailed in Table 4

Table 4 – Dudley’s Basic Need Capital Allocation Approved February 2015

Details Value 2015/16 2016/17 2017/18 Primary schools £7,972,696 Secondary schools £710,530 Top up £184,346 Total Approved 2015 £8,867,572 Payment profile £1,665,831 £3,453,584 £3,748,157

School Building Condition Allocations

61. School building condition allocations are made to those bodies responsible for the maintenance of buildings. There are three components to the allocations:

• Core condition funding for all responsible bodies based on their pupil numbers; • High condition needs funding for those with disproportionately high needs; and • Floor protections to provide some stability in the transition to the new system.

62. School condition allocations take into account the information the DfE has collected through the Property Data Survey Programme (PDS) about the condition of schools. For the majority of responsible bodies, the survey data shows that existing condition needs correlate well with pupil numbers, which are also a proxy for the size of the estate that needs managing on an ongoing basis. All responsible bodies therefore

32 get a core condition funding component based on pupil numbers.

63. The property data survey shows that some responsible bodies have particularly high existing condition needs relative to their size. In recognition of this, the DfE include a high condition needs funding component, in addition to their core condition allocation. This is based on the extent to which the condition needs identified in the property data survey exceed a threshold.

64. The DfE applied a floor protection in 2015/16 to ensure that no responsible body got less than 80% of the funding it received in the 2014/15 maintenance allocations. This level of protection will also apply in 2016/17 and 2017/18 unless the schools for which it is responsible change. Whilst the DfE have not applied any additional protections for 2016/17 those who received this funding in 2015/16 receive the same amount in 2016/17.

65. The national budget for school condition allocations is set at £1.2bn a year until 2017/18. Responsible bodies received a fixed allocation in 2015/16, which is also indicative of their second and third year allocations. Allocations will be revised annually to reflect new or closing schools and where a school moves to a new responsible body, in which case the pupil-led core condition funding will move with the schools.

66. Dudley’s allocation for 2016/17 announced in February 2016 is detailed in Table 5.

Table 5 - Dudley’s School Condition Allocation 2016/17 Approved February 2016

Details 2016/17 Value Dudley local authority schools £3,782,406 Dudley voluntary aided schools £499,338 Total £4,281,744

Priority School Building Programme (PSBP)

67. The Government’s Priority School Building Programme is addressing the needs of schools most in need of urgent repair.

68. Priority School Building Programme 2 is a capital funded project which will undertake to rebuilding and refurbishment projects nationally across 277 schools from 2015 to 2021.

69. The PSBP 2 programme was announced in February 2015 and includes two Dudley schools; Huntingtree Primary school and Ridgewood High school.

70. The EFA have approached the Local Authority to establish whether they would be willing to procure the project locally for Huntingtree. A scoping meeting will be held in the spring 2016. As Ridgewood is now an academy the EFA will deal direct with the school.

71. The detailed funding allocations for the buildings projects are not known at this stage.

33 Finance

72. The funding of schools is prescribed by the Department for Education (DfE) through the School and Early Years Finance (England) Regulations 2015 which came into force on 7 January 2016.

73. Schools Forums are regulated by the regulated by the Schools Forums (England) Regulations 2012 as amended by the 2014 and 2015 School and Early Years Finance (England) Regulations.

74. From 1st April 2006, the Schools Budget has been funded by a direct grant; Dedicated School Grant (DSG).

Law

75. Councils’ LMS Schemes are made under Section 48 of the School Standards and Framework Act 1998. The Education Acts 1996 and 2002 also have provisions relating to school funding.

Equality Impact

76. The Council’s Equal Opportunities Policy is taken into account when considering the allocation of resources.

Recommendation

77. Schools Forum to:

. Note the contents of the report in respect of the 2016/17 Dedicated Schools Grant as detailed in the updated version of Table 1, to be circulated at the meeting;

. Give a view to the Strategic Director People in respect of the financial issues for:

. Arrangements for pupils with special educational needs and in particular: . the places to be commissioned by the local authority in different schools and other institutions, and the arrangements for paying top-up funding to schools and other institutions;

. Arrangements for use of pupil referral units and the education of children otherwise than at school and in particular: . the places to be commissioned by the authority and by schools in pupil referral units and other providers of alternative provision; and the arrangements for paying top-up funding to pupil referral units and other providers of alternative provision;

. Arrangements for early years provision;

. Administration arrangements for the allocation of central government grants.

34

Tony Oakman Strategic Director People Contact Officer: Karen Cocker, Finance Manager – People’s Directorate (Children’s Services)

[email protected] Tel: 01384 815382

35

Appendix B

Dudley Proposed Planned Place Commissioned and Central Provision 2016/17 Academic Year

Provision Central FTE Details Or Places Comis’ed Ashwood Park Primary School Central 20 SEN Unit –Primary Hearing Impaired. Ex Brook Primary School Comm 8 SEN Unit – Behavioural, Ks1/2 Provision subject to tender Emotional and Social Difficulties from April 2016 Gigmill Primary School Comm 8 SEN Unit – Autistic Spectrum Disorder St Margarets at Hasbury Primary Central 12 SEN Unit – Language Unit C of E School High Arcal Academy School Comm 8 SEN Unit – Autistic Spectrum Disorder Hob Green Primary School Comm 12 SEN Unit – Speech and Language Unit Rosewood School Comm 8 KS2 Primary Social, Emotional and Mental Health (SEMH) Unit Special Schools pre 16 provision Comm 720 Special school provision across Special Schools post 16 provision 73 Dudley Special Schools . Brier- 150 . Halesbury – 117 . Old Park – 116 + 20 post 16 . Pensmeadow – 52 + 53 post 16 . Rosewood - 50 . Sutton -132 . Woodsetton -103

(post 16 commissioned at Old Park and Pensmeadow by Education Funding Agency) Sycamore Short Stay School Comm 32 Behavioural Pupil Referral Unit KS 2 and KS3 20 KS4 Cherry Tree Learning Centre Comm 76 Emotional Medical Pupil Referral Unit

36 APPENDIX A Dudley LA Banded Framework - Lookup 2016-17 Inflation 2.00%

Mainstream Schools Special Schools

Provider Factor - Equivalent Post 16 (Rosewood Banding Notional SEN Top up Funding Total hours Place Funding Top up Funding Supplement Only) Total

A1 6,000 0 6,000 <5hrs 0 0 0 A2 6,000 0 6,000 <10hrs 0 0 0 A3 6,000 0 6,000 <15hrs 0 0 0 A4 6,000 0 6,000 <20hrs 0 0 0 B 0 0 0 10,000 1,401 1,164 12,565 B1 6,000 788 6,788 <22.5hrs 0 0 0 B2 6,000 1,577 7,577 <25hrs 0 0 0 B3 6,000 3,154 9,154 <30hrs 0 0 0 B4 6,000 3,943 9,943 =>30hrs 0 0 0 C 0 0 0 10,000 3,785 1,164 14,949 D 0 0 0 10,000 4,381 1,164 15,545 E 0 0 0 10,000 7,360 1,164 2,400 20,924 F 0 0 0 10,000 13,318 1,164 2,400 26,882 G 0 0 0 10,000 18,085 1,164 2,400 31,649 H 0 0 0 10,000 25,235 1,164 2,400 38,799

37

Agenda Item No. 10

Dudley Schools Forum – 22nd March 2016

Report of the Strategic Director People

Equal Pay Loan Arrangements for Voluntary Aided and Foundation Schools

Purpose of Report

1. To inform Schools Forum of the Equal Pay Back Pay Loan for a Foundation school which includes an extended loan repayment period of ten years as approved by the Strategic Director People and the Chief Officer, Finance and Legal.

Budget Working Group Discussed

2. No.

Schools Forum Role and Responsibilities

3. From 1 April 2006, the Schools Budget has been funded by a direct Department for Education (DfE) grant: the Dedicated School Grant (DSG).

4. The Forum is the ‘guardian’ of the local Schools Budget, and its distribution among schools and other bodies, and therefore must be closely involved throughout the development process.

5. The authority may consult the forum on such other matters concerning the funding of schools as they see fit.

Action for Schools Forum

6. Schools Forum to note the Equal Pay Loan which has been approved for a Foundation school and includes an extended loan repayment period of ten years.

Attachments to Report

7. Appendix A – Extract from Dudley’s Scheme for Financing Schools as approved January 2016.

Sue Coates Senior Principal Accountant 1 March 2016

38

Dudley Schools Forum – 22nd March 2016

Report of the Strategic Director People

Equal Pay Loan Arrangements for Voluntary Aided and Foundation Schools

Purpose of Report

1. To inform Schools Forum of the Equal Pay Back Pay Loan for a Foundation school which includes an extended loan repayment period of ten years as approved by the Strategic Director People and the Chief Officer, Finance and Legal.

Background

2. Community and Voluntary Controlled schools are permitted to apply for a loan under the Council’s capitalisation direction approved by the Department for Communities and Local Government (DCLG) if they so wish in order to service the costs of Equal Pay Back Pay settlements made to claimants.

3. There are no equivalent capitalisation facilities offered by central government for Foundation and Voluntary Aided (V.A.) schools because the Local Authority is not the employer of the staff in these schools.

4. In order to offer a similar facility to Foundation and Voluntary Aided schools since 2009/10 a contingency of £2.0m from within the Dedicated Schools Grant (DSG) reserve has been set aside to create an internal loan facility for Equal Pay Back Pay in respect of Foundation schools. . 5. The framework for administration of the loan facility is detailed with Dudley’s Scheme for Financing Schools (paragraphs 4.9.3.8 to 4.9.3.11 refer). An extract from which is attached at Appendix A of this report for information.

6. The loan facility has been accessed by three schools to date using the original five year repayment conditions.

7. In January 2016, Dudley’s Scheme for Financing Schools was amended to give authority to the Strategic Director People and the Chief Officer, Finance and Legal to approve an extended loan repayment period where repayment over a five year period would result in financial instability for the school. (paragraph 4.9.3.10 of the Scheme refers). Furthermore any such decision must be reported to Schools Forum.

8. Dudley has now received a request from a Foundation school to apply for an equal pay loan of £469,834 repayable over ten years. The financial circumstances of the School are known to the LA and therefore the Strategic

39 Director People and the Chief Officer, Finance and Legal are prepared to approve this request on receipt of the signed application from the Headteacher and Chair of Governors.

9. This report advises Schools Forum of the extended loan repayment arrangement from five years to ten years with one Foundation school in accordance with the requirements of Dudley’s Scheme for Financing Schools.

10. In the event that any Dudley School converts to Academy School status then the approved loan agreement will be a feature of the Commercial Transfer Agreement (CTA) between the LA and the Academy School which will ensure that the loan is repaid as advanced to the School when a maintained school.

Finance

11. The funding of schools is prescribed by the Department for Education (DfE) through the School and Early Years Finance (England) Regulations 2015 which came into force on 7 January 2016.

12. Schools Forums are regulated by the regulated by the Schools Forums (England) Regulations 2012 as amended by the 2014 and 2015 School and Early Years Finance (England) Regulations.

13. From 1st April 2006, the Schools Budget has been funded by a direct grant; Dedicated School Grant (DSG).

Law

14. Councils’ LMS Schemes are made under Section 48 of the School Standards and Framework Act 1998. The Education Acts 1996 and 2002 also have provisions relating to school funding.

Equality Impact

15. The Council’s Equal Opportunities Policy is taken into account when considering the allocation of resources.

Recommendation

16. Schools Forum to note the approval by the Strategic Director People and the Chief Officer, Finance and Legal of an Equal Pay Back Pay Loan for a Foundation school which includes an extended loan repayment period of ten years.

Tony Oakman Strategic Director People Contact Officer: Karen Cocker, Finance Manager – People’s Directorate (Children’s Services) [email protected] Tel: 01384 815382

40 Appendix A

Extract from Dudley’s Scheme for Financing Schools Scheme Approved January 2016

4.9.3.8 Foundation and Voluntary Aided Schools

The determination for capitalisation from the DCLG covers ‘present or former employees of the local authority’ therefore Voluntary Aided and Foundation schools are precluded from Dudley’s capitalisation direction and loan facility under this option.

There are no equivalent capitalisation facilities offered by central government for foundation and voluntary aided schools because the LA is not the employer of the staff in these schools.

In order to offer a similar facility to Foundation and Voluntary Aided schools the Director of People Services has earmarked the 2009/10 Dedicated Schools Grant reserve for internal loan facility purposes. This will be administered on a ‘first come first served’ basis.

4.9.3.9 Process for EPBP Loan Applications and Administration

The following procedure will apply in respect of the loan application process.

Written applications must be submitted to the Strategic Director People Services (c/o Children’s Services Accountancy) supported by the following: - evidence of actual total liability supported by letters of acceptance signed by claimants; - evidence of funding already applied by the school to offset the total liability in the first instance; this can from the school budget and/or reserves; - the net balance of actual liability outstanding for the school which will form the basis of the loan application; (see Annex H)

Once the school loan application has been agreed the value of the loan will be transferred into the school delegated bank account;

Schools will be responsible for raising the relevant cheques for offers made.

A formal Loan Agreement will be required to be signed by the Headteacher and the Chair of Governors.

The following procedure will apply in respect of the loan repayment

41 4.9.3.10 Minimum Repayment of Principal (MRP) for the Debt

The debt (referred to as ‘the principal’) will be repayable over a straight line method over 5 years. The repayment period may be extended with the agreement of both the Treasurer and the Strategic Director - for People Services in circumstances where repayment over a five year period would result in financial instability for the school. Any such decision will be reported to Schools Forum. Schools are permitted to make a lump sum repayment at any time during the year if they wish.

4.9.3.11 Interest Payments

The debt outstanding at the beginning of the financial year will incur annual interest payments, set in accordance with the Council’s General Fund Borrowing Rate prevailing at the time.

The annual loan repayment will be charged to the school by either journal transfer or invoice if a non agresso school, at the year end. Schools will be notified of the amount to be charged beforehand and supplied with a reconciliation statement on a periodic basis.

It is the responsibility of the Headteacher and Governing Body to ensure that the school can meet the cost of repayment of MRP and interest each year for the duration of the loan agreement.

42

Agenda Item No. 11

Dudley Schools Forum – 22nd March 2016

Report of the Strategic Director People

Schools Forum Membership Update

Purpose of Report

1. To provide Schools Forum with an update in respect of Schools Forum membership changes effective from 1 May 2016.

Budget Working Group Discussed

2. No.

Schools Forum Role and Responsibilities

3. Schools Forum is responsible for ensuring that the constitution and membership meet the legislative requirements detailed in the School Forum (England) Regulations 2012, which were effective from 1 October 2012, as amended by Regulation 3 of the School and Early Years Finance (England) Regulations 2015.

Action for Schools Forum

4. To note the updated position in respect of the membership of Dudley’s Schools Forum effective from 1 May 2016.

Attachments to Report

5. None.

Aimee Clarke Principal Accountant 1 March 2016

43

Dudley Schools Forum – 22nd March 2016

Report of the Strategic Director People

Schools Forum Membership Update

Purpose of Report

1. To provide Schools Forum with an update in respect of Schools Forum membership changes effective from 1 May 2016.

Background

2. Schools Forum posts are appointed on a rolling basis to cover a three year period. The commencement date for Governors, Academy School representatives and Non School Members is 1 May with Headteacher representatives from 1 November.

3. The Spring 2016 election process commenced in February 2016 in order to seek Schools Forum representation for vacancies covering the three year period commencing on 1 May 2016:

Governor Representatives • Three primary school governors for Brierley Hill, Halesowen and North Dudley townships; • One secondary school governor from any of the following townships: Brierley Hill, , Central Dudley and North Dudley.

Academy Representatives • Four Academy school representatives.

Non School Representative • One Union and Professional Association representative.

Process for the Spring 2016 Governor and Academy School Representative Elections

4. Correspondence was issued in February 2016 to the relevant groups, as outlined below, to advise of the forthcoming election process in respect of Schools Forum vacancies: • Governors of Brierley Hill, Halesowen and North Dudley primary schools; • Governors of Brierley Hill, Stourbridge, Central Dudley and North Dudley secondary schools; and • Chairs of Dudley Academies with copies to Headteachers of all Dudley Academies.

44

5. The correspondence included information in relation to the election process timescales which are: • Nomination slips must be returned to Westox House by 5pm on Friday 11 March 2016. • If more than one nomination is received for each category of representative, an election will be held for that category. Ballot papers and supporting material will be sent to all governors for that category at the address held on the Governor Support database during the week commencing Monday 14 March 2016. • Ballot papers must be returned by 12 noon on Monday 11 April 2016. • The successfully elected representatives will be advised by post by the Strategic Director People after 11 April 2016. • All governors will be notified of the elected representatives via the Governor Website. • A decision sheet will be prepared by the Children’s Services Finance Manager to confirm the appointments made from 1 May 2016 before submission to the Strategic Director People for approval and signing by the Cabinet Member. • When the decision sheet has been formalised, Democratic Services will be advised of the Schools Forum (School Member) appointments made in order that the representatives are invited to the 21 June meeting. If there are no successful nominations then a vacancy will be maintained until the next election process which will commence in January 2017.

Process for the Spring 2016 Non School Member Representatives

6. Unions and Professional Associations The Union and Professional Association representative, Mrs Jeynes-Bates’ current term of office expires on 30 April 2016 and the Director is therefore seeking confirmation from the Association as to whether Mrs Jeynes-Bates will continue through to the new term of office from 1 May 2016 to 30 April 2019, or to be advised of a replacement.

Other in Year Changes to Schools Representatives

7. Following the resignation of Mrs April Garratt on 22 February 2016, there is currently a vacancy for a maintained Secondary School Headteacher representative. Secondary Headteachers Forum nominate the Schools Forum representatives which will be dealt with at their next meeting.

Successful Appointments to the Schools Forum Vacancies from May 2016

8. Forum will receive a verbal update at the March 2016 meeting of the progress in respect of the election process.

45

Finance

9. The funding of schools is prescribed by the Department for Education (DfE) through the School and Early Years Finance (England) Regulations 2015.

10. Schools Forums are regulated by the Schools Forums (England) Regulations 2012 as amended by the 2014 and 2015 the School and Early Years Finance (England) Regulations.

11. From 1 April 2006, the Schools Budget has been funded by a direct grant: Dedicated School Grant (DSG).

Law

12. Councils’ LMS Schemes are made under Section 48 of the School Standards and Framework Act 1998. The Education Acts 1996 and 2002 also have provisions relating to school funding.

Equality Impact

13. The Council’s Equal Opportunities Policy is taken into account when considering the allocation of resources.

Recommendation

14. Schools Forum to note the Forum vacancies as outlined in the report and to receive a verbal appointments progress update at the March 2016 meeting.

Tony Oakman Strategic Director People Contact Officer: Karen Cocker, Children’s Services Finance Manager [email protected] Tel: 01384 815382

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