DETERMINATION Case reference: STP/000558 Proposal: To discontinue The Wakeman School and Arts College, Shrewsbury Proposer: Shropshire County Council Date of decision: 28 November 2011 Determination Under the powers conferred on me by Schedule 2 to the Education and Inspections Act 2006, I hereby approve the proposal to discontinue the st Wakeman School and Arts College, Shrewsbury on 31 August 2013. The referral 1. On 27th September, 2011, Shropshire Council (“the Council”) wrote to the Office of the Schools Adjudicator, referring its proposal made under section15 of the Education and Inspections Act 2006 (“the Act”) for consideration under Schedule 2 of the Act. Its proposal to close the Wakeman School and Arts College, Shrewsbury (“Wakeman”), a community secondary school, on 31st August 2013 was published on 1st July 2011 (the notice replacing an earlier one that had given an erroneous prospective closure date) and was approved by the Council’s Cabinet on 7th September 2011. Jurisdiction 2. The proposal has been referred to me for a decision to be made because of a request by the Diocese of Lichfield (“the Diocese”), in its letters to the Council of September 2011 (undated) and of 27th September 2011 for the matter to be referred to the Adjudicator under paragraph 14 of Schedule 2 to the Act. 3. I am satisfied that I have jurisdiction to determine the proposal in accordance with the Act and the Regulations made thereunder, namely The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007. Procedures 4. In considering this matter I have had regard to all relevant legislation and guidance. 5. I have considered all the papers put before me including: 1 the Council’s referral letter with prescribed information as set out in the relevant regulations; the Diocese’s letters to the Council requesting referral to the Adjudicator, its explanatory letter to me of 18th October 2011, and a further letter of 7th November 2011; the Council’s consultation document, papers recording the Council’s processes of consultation and decision making, a summary of the written responses to the consultation, the Council’s analysis of these responses, and further submissions of 10th, 15th and 17th November 2011; a copy of the published notice, and a copy of a previous erroneous notice which has been superseded; representations from Wakeman, together with a record of correspondence with the Council and with the Local Government Ombudsman, and a further submission from Wakeman of 9th November 2011; Ofsted reports for Wakeman and for Meole Brace School Science College (“Meole Brace”), and the Department for Education’s (“DfE”) Performance Table for both schools; the Net Capacity Assessments for Wakeman and Meole Brace; a letter from the chair of governors of Meole Brace of 23rd October 2011; and a large number of representations from people with an interest in the outcome of the proposal, largely from parents and others, opposing it, but with some, largely from educational professionals, supporting it. 6. I visited Wakeman and Meole Brace on 4th November to view at first hand the accommodation at both schools and their environs. I held a roundtable meeting on the same day, to gain a clearer understanding of various points from representatives of the Council, the Diocese, Wakeman and Meole Brace. I held a public meeting also on the same day, attended by representatives of the Council, the Diocese, Wakeman and Meole Brace, the local Member of Parliament and around 400 parents, pupils, governors, staff and local residents and others with an interest in the proposal. I have considered the information and representations put to me at those meetings, and the representations sent to me before and after the meetings. The Proposal 7. Wakeman has, for several years, been considerably undersubscribed, and the Council believes that it is in the interests of the education of children at Wakeman and across the County that Wakeman should close from 31st August 2013, with places being provided for most pupils at Meole Brace, with 2 no pupils being admitted to Years 7 or 10 in September 2012 and with places being offered at Meole Brace to Year 9 pupils in 2012 and Years 8 and 9 in 2013. Views on the Proposals 8. The Diocese’s request for referral to the Adjudicator was based on a resolution by the Diocesan Board of Education at its meeting on 21st June 2011 and its concerns: a. that the case for closing Wakeman appeared exclusively financial; b. that Wakeman is a good school, with some excellent facilities and results, and that the case for closure had not been adequately made; and c. that alternatives such as federation, strategic partnerships and other forms of collaboration had not been sufficiently investigated. 9. The Diocese has outlined the evidence for its assessment of Wakeman as good and improving, believes that recruitment has been blighted by rumours of closure and that Wakeman’s capacity will be needed in Shrewsbury in ten years’ time, and has expressed concern at the Council’s approach to school organisation. The Diocese has acknowledged that it would like to develop links with Wakeman if it remains open, but has stated that this prospect is incidental to its decision to cause referral to the Adjudicator. 10. In its response to the Diocese’s case, the Council has drawn attention to the following factors. a. The financial case for closure is predicated on demography. Shrewsbury secondary schools have seen a fall of 613 pupils between 2003 and 2011; numbers are expected to continue to fall until 2015, before a limited recovery to the 2011 levels by 2019. Wakeman has steadily lost pupils since 2002-03, and now has fewer than 250 pupils, who could be accommodated in other Shrewsbury schools. Wakeman is forecast to have a deficit of £103,000 in 2011-12, rising to a cumulative amount of around £640,000 by 2012-13 on the basis of around 240 pupils. The Council estimates that the cost per pupil place at Wakeman would be around £6,947 in 2011-12 and around £10,347 in 2012-13, compared with a Dedicated Schools Grant (“DSG”) allocation of £4,611 and compared with a cost of £4,131 at Meole Brace. b. The educational case for closure is not based upon unsatisfactory standards at Wakeman, but upon the effect of depleting the funds available for all schools in the County by continuing to maintain Wakeman. Of the criteria set by the County for reviewing the position of individual secondary schools, Wakeman was found to meet those relating to: 3 i. concern of performance over a three year period; ii. significant surplus capacity; iii. small school size; iv. the accessibility of alternative provision; and v. the availability of alternative capacity. c. The Council has considered alternative proposals, to enable Wakeman to remain viable, but has not found them to be feasible. 11. Wakeman has responded to the proposal by drawing attention to the disturbance to current pupils’ education that closure would entail, and the reduction of choice of schools that would result. It believes that rumours of closure and the consultation process itself have led to the diminution of pupil numbers on which the Council’s proposal rests. It has drawn attention to what it believes has been unfair practice on the part of the Council in allowing other secondary schools to expand at Wakeman’s expense. The March 2011 Ofsted report categorised Wakeman as ‘good with outstanding features’ and the 2011 GCSE results show it to be now above the county average for quality of provision. Wakeman has excellent accommodation, and has suggested a number of ‘dual use’ options that the Council has deemed impractical. The current surplus of secondary school places in Shrewsbury is a temporary phenomenon, and substitute provision would in due course need to be provided if Wakeman should close. Wakeman submits that data provided by the Council has been misleading or inaccurate. 12. The Meole Brace chair of governors, in his letter to me, has referred to the growing popularity and success of that school, its links with the local church, and the governors’ general support on financial grounds for the Council’s reorganisation intentions. 13. All of the 31 individual speakers at the public meeting I held spoke against the Council’s proposal to close Wakeman. They spoke of, among other issues: the ethos and quality of provision at Wakeman, particularly in relation to special educational needs (“SEN”); the importance of retaining a school at the heart of the town; the contribution to art that Wakeman makes in Shrewsbury; allegedly faulty data and reasoning about future demand for secondary places and about school finances; alleged lack of consultation with pupils; and the importance of ‘a system shaped by parents’. I am considering these issues carefully in the course of this adjudication. Most of the numerous representations that I received after my visit also offered reasons for retaining Wakeman, often from parents, former parents, pupils, former pupils and staff who value particular aspects of Wakeman’s character. However, a representative of the Shropshire School Governors Council expressed general support for the proposal. Consideration of Factors 14. I have considered carefully the processes followed by the Council prior 4 to and since the publication of the proposal to close Wakeman. The reports and minutes of Council decisions during 2010 and 2011 that have been supplied to me are in the public domain, and I do not intend to summarise them here. I will simply note that there is evidence that the issue of school finance, along with that of pupil numbers, was prominent as a cause for concern and action, together with concern to promote school improvement generally through the organisation of schools, including various kinds of collaboration.