Scheme for Financial Management

  1 Introduction

    Background

    Principles

  2 Legal Framework

    Legislation

    Financial Regulations, Standing Orders and Code of Practice

    Other guidance

    Rules for revision of the scheme

  3 Roles and Responsibilities

    Role of LEA

    Role of governing body

    Role of Headteacher

    Role of County Treasurer

    Role of audit

    Status of schools/County Council in contracts

  4 Budgets and Planning

    Strategic Financial Plans

    Budget plan submission

    Budget preparation

    Schools in deficit

    School Standards Grant

  5 Financial Controls and Tax

    Financial systems

    Financial records

    Payroll requirements

    VAT

    Construction Industry Scheme (CIS)

  6 Audit Arrangements

    Internal Audit

    External Audit

    Additional financial advice

  7 Cheque Books and Bank Accounts (not Imprest)

    Cheque books

    Bank accounts

      Table 7.1 - Interest deduction calculation for local bank account - schools option 1

      Table 7.2 - Calculation of interest deduction for local bank account schools -  option 2

  8 Provision of Services and Facilities by the County Council

    Centrally retained budgets

    Service level agreements

  9 Computer Security

  10 Insurance

  11 Other Financial Controls

    Write-offs

    Community subsidy

    Early-years clubs; pre- and after-school clubs

    Pecuniary interests

    Special Educational Needs (SEN)

    Assets

    Governors' expenses

    PFI/PPP

    Liability of governors

    Health and safety

    Delegation to new schools

    Whistleblowing

    Child Protection

  12 Borrowing and Investments

    Borrowing

    Investments

    Leasing

  13 Suspension of Delegated Management

    Circumstances in which suspension of delegated management would be considered

  14 Charges Against School Budgets

    Basis for making a charge

    Fees to be deducted from teachers’ salaries and remitted to the General Teaching Council for England

  15 School Income

    Retention of income by schools

    Fees and charges

    Sale of assets

  16 Carry Forwards

    Balances

  17 Maintenance of Buildings

  18 Central Funds and Earmarking

  19 Catering

    Requirements

  20 Voluntary Aided Schools

    Buildings and insurance

  21 Reporting Requirements

    Financial returns - FMS

    Financial returns - Non-FMS

  22 Unofficial Funds

  23 Best Value/Value for Money

    Best Value/Value for money

  24 Glossary

  25 Who to Contact

  26 Guidance Documents

  Appendix A - Maintenance of School Buildings

    County Council and Landlord role

    Split of Responsibility

    Best Practice and Health and Safety

    Survey and Inspection

    Approval to undertake alterations

    Contractors

    Existing Contractual Commitments

  Appendix A1 - Split of Responsibility for Repairs and Maintenance Under Fair Funding Regulations for all schools

  Appendix A2 - Current Legislation applicable to Repair and Maintenance

1 Introduction

Background

1.1 The School Standards and Framework Act 1998 requires local education authorities (LEAs) to prepare schemes dealing with the financing of schools maintained by the authority. The scheme below sets out the rules governing the financial relationship between the County Council (the LEA) and its maintained schools. The scheme supersedes the financial elements of the Local Management scheme. Schools have been consulted and the scheme approved by the Secretary of State.

1.2 The scheme contains requirements relating to financial management and associated issues that are binding both on the County Council and on schools. From 1 April 1999 to 31 August 1999 the scheme applied to all county, voluntary, maintained special, grant maintained and grant maintained special schools maintained by the County Council. From 1 September 1999 the scheme continued to apply to such schools when they become community, voluntary, foundation, community special or foundation special schools.

1.3 The County Council is responsible for maintaining the schools covered by the scheme, and this includes the duty of defraying all the expenses of maintaining them (except in the case of a voluntary aided school where some of the expenses are, by statute, payable by the governing body). Although governing bodies are empowered to enter into contracts, in most cases they do so on behalf of the County Council as maintainer of the school and owner of the funds in the budget share.  Contracts may be made solely on behalf of the governing body, when the governing body has clear statutory obligations; for example, contracts made by aided or foundation schools for the employment of staff.

1.4 Part of the way the County Council maintains schools is through the funding system put in place under sections 45 to 53 of the School Standards and Framework Act 1998 (see paragraph 2.1).

1.5 The County Council may retain an unallocated reserve within the ISB but must otherwise distribute amounts from the ISB amongst maintained schools using a formula which accords with regulations made by the Secretary of State.  Details of the formula, with current values, are given in parts 4 and 5 of the local management scheme.

1.6 After each financial year, the County Council will publish a statement showing out-turn expenditure at both central level and for each school, and the balances held in respect of each school.  Out-turn statements are subject to audit certification by the Audit Commission, and information in either type may be collated and published by the Secretary of State.

1.7 One copy of the scheme will be supplied to the Headteacher and one copy to the governing body of each school covered by the scheme, and any approved revisions will be notified to each school. All revisions will be approved by the Secretary of State for Education.

Principles

1.8 The County Council has adopted the following principles in respect of finance:

2 Legal Framework

Legislation

2.1 Legislation of particular relevance includes:

Financial Regulations, Standing Orders and Code of Practice

2.2 In managing their delegated budgets, schools must abide by the County Council’s requirements on financial controls and monitoring, not only those in the scheme but outside and compatible with it. The scheme refers to more detailed publications that contain further requirements.

2.3 The scheme is consistent with the County Council’s Financial Regulations, Standing Orders and the Code of Practice relating to contracts, and therefore they apply to all schools. Each school should have a hard copy of the Financial Regulations, Standing Orders and Code of Practice. In addition, they are available on Hantsnet.

2.4 The responsibilities for schools have been recognised in the Standing Orders and Code of Practice on contracts by the following:

Other guidance

2.5 The scheme refers to the Local Management in Schools Manual of Financial Practice and Procedure, which is produced and maintained by Education Financial Services.

Rules for revision of the scheme

2.6 The scheme will be regularly reviewed by the County Treasurer and County Education Officer and may need revisions from time to time. All revisions will be discussed with school representatives in advance, and then all schools will be consulted before any changes are made. Any revisions will require approval by the Secretary of State for Education.

 

3 Roles and Responsibilities

Role of LEA

3.1 The LEA will:

Role of governing body

3.2 The governing body will:

3.3 The governing body should consider the extent to which it wishes to delegate its financial powers to the Headteacher, and to record its decision (and any revisions) in its minutes. The first formal budget plan of each year must be approved by the governing body under the Education (School Government) (Terms of Reference) (England) Regulations 2000.

Role of Headteacher

3.4 The Headteacher will:

3.5 The Headteacher has overall executive responsibility for the school’s activities, of which financial activities are clearly a part.

Role of County Treasurer

3.6 The County Treasurer is the CFO of the County Council and, as such, must ensure the probity and regularity of the County Council’s financial activities. The County Treasurer will make statutory financial returns, oversee financial processes, provide advice where requested and ensure financial controls are adequate. To fulfil this responsibility, the County Treasurer may prescribe which financial systems and which financial service providers may be used. The County Treasurer, or representative, also has the right to attend meetings of the governing body to advise or report on major financial matters.

Role of audit

3.7 All schools come within the internal audit regime determined by the County Treasurer and the external audit regime of the County Council, as determined by the Audit Commission, and must co-operate with it. Internal audit will test, review, report and make recommendations on the financial controls operating within the County Council and individual schools. This will include examining the economic, efficient and effective use of resources. External auditors will test, review and report their opinion on the accuracy of the accounts produced by the County Treasurer.

Status of schools/County Council in contracts

3.8 If a governing body of a community school enters into a contract, it does so on behalf of the County Council. If the governing body of a Foundation or Voluntary Aided (VA) school enters into a contract relating to staff or property, it does so on its own behalf. No governor of any school will incur personal financial liability for any contract which they enter into in good faith while exercising their delegated powers, provided they are acting in accordance with this scheme and the County Council’s Standing Orders.

3.9 Schools have a right to opt out of contracts arranged by the County Council, unless they have lost that right for particular contracts (whenever started), in accordance with a specified written procedure.

3.10 Standing Orders require all schools to seek at least three tenders for any contract with a value of £5,000 or more. European Union Procurement Regulations must also be complied with for contracts over the prescribed threshold (£160,000 as at 30 September 1998). A school must get an LEA officer to countersign any contracts for goods or services worth more than £60,000 in any one year. The school does not have to seek suppliers from an approved list. These rules apply to all contracts for goods or services where the school does not buy back the County Council service. Schools must assess in advance, where relevant, the health and safety competence of contractors, taking into account the County Council's policies and procedures.

4 Budgets and Planning

Strategic Financial Plans

4.1 Each school should have a strategic financial plan with financial costings for agreed courses of action. It is not necessary to have a separate strategic financial plan document, as long as this information is in another document, eg the School Development Plan. The strategic financial plan should cover a minimum of three years, so it may act as a means of long-term budgeting, eg saving money in years one and two, to spend on a major item in year three. The plan should be updated each year.

Budget plan submission

4.2 Each school must prepare a complete annual school budget within its total resources and must not plan an overspend. Total resources are defined as the current allocation (budget share) plus any balance brought forward. The County Council allows schools to take full account of estimated deficits and surpluses at the previous 31 March in their budget plan.  When a realistic forecast suggests a school may be in danger of a deficit budget, the local Education Financial Services office should be informed. If it is not possible to balance the budget, then a plan should be agreed as for schools that have already incurred deficits. Any deficit incurred for whatever reason is a first call on the following financial year's budget share. The County Council may bar schools from adding to the size of a deficit but may not bar spending on particular items of expenditure within the same overall total.

4.3 The school's budgeting timetable will be linked to that of the County Council. The key events for the school will be:

Year One

Year Two

4.4 Each school must provide the County Council with details of expected and actual expenditure and income, in a form determined by the County Council. Accordingly, schools must submit a budget plan for the current financial year to the County Council by 1 May. Further details are given in section 21 - Reporting Requirements.

Budget preparation

4.5 Budgets should be prepared realistically and should allow balances for unforeseen circumstances; however, balances should not be excessive. Advice on balances is available from Education Financial Services. The County Council would not expect balances for unforeseen circumstances to exceed 3% of the annual budget share or £10,000 (whichever is the higher). The school may save additional funds for specific projects for the benefit of the current pupils. Balances accumulated for specific projects should not be at the expense of current provision and must be clearly documented as part of the school strategic financial plan.

4.6 Most of the budget will be for staff, so it is essential that a school can accurately estimate the cost of the staff it employs. Budget planning aids are available for staffing (eg HCC BP, SIMS BP).

4.7 A school must take into account any advice from the Chief Executive, or his/her representative, as to the merits of the proposed capital expenditure from the budget share if it is more than £15,000.  If the premises are owned by the County Council, or the school has voluntary controlled status, then the governing body should seek the County Council’s consent to the proposed works, but such consent can be withheld only on health and safety grounds.

4.8 The County Council will supply schools with all the school income and expenditure data which it holds and which could help efficient planning by schools, and supply schools with an annual statement showing when this information will be available at times through the year.

4.9 Where a school exercises an option to receive delegated or devolved funding for an item, that option may only be exercised once a year by 1 January preceding the financial year.

4.10 The County Council can charge the budget share of a school without the governing body's consent only in circumstances expressly permitted by the scheme. If such a situation arises, the County Council will consult the school as to its intention and notify the school when the charge has been made. Further details are given in section 14 - Charges Against School Budgets.

Schools in deficit

4.11 The plan for the recovery of any deficit should indicate the rate of improvement in the school’s financial position that the plan will deliver.  If immediate recovery is not possible, the plan should have provided for elimination of the deficit by the end of its third year.

4.12 The recovery plan should be submitted to the CEO by 31 July after the financial year in which the deficit was incurred, and an update report produced annually until the deficit is cleared.

4.13 In no circumstances can the actual elimination of a deficit extend beyond five years.  Schools which are not effective in reducing actual deficits will be actively considered for the suspension of delegated management.

4.14 Any school that was in deficit at 1 April 2000 must have agreed with the County Council a plan to eliminate the deficit as soon as possible, and in even the most challenging circumstances, within four years (by 31 March 2004).

4.15 Any school whose actual deficit exceeds 8% of its budget share or £40,000 (whichever is the greater), will be examined with a view to suspending delegated management.

4.16 Where a school is in deficit, has considered the best ways of reducing it, and then proposes to use part of its School Standards Grant (often referred to as “the Chancellor’s money” or “direct funding of schools”) for new expenditure, then the County Council will agree to that unless it is demonstrable that the proposed expenditure is unreasonable in the school’s financial circumstances.

School Standards Grant

4.17 Amounts included in school budget shares pursuant to regulation 29(1) of the Financing of Maintained Schools (England) Regulations 2002, shall be placed at the disposal of the governing body of each school by 22 May 2002, irrespective of any instalment arrangement applicable to the remaining amount of the budget share.  The making available of this sum shall also be irrespective of the existence of any deficit relating to expenditure of the school’s budget share.  No interest clawback will be applied to the amount before it is made available.

5 Financial Controls and Tax

Financial systems

5.1 The County Treasurer is responsible for maintaining the County Council's accounts under S151 of the Local Government Act 1972. Schools' budget allocations comprise part of those accounts. The County Treasurer has prescribed one financial system (which is currently FMS) for use across the County Council's activities.

5.2 Some schools that are not using FMS in 1998/99 may not be able to transfer to FMS until 1 April 2000. These schools will continue with their existing financial system until 1 April 2000, provided it meets the minimum requirements set out in the County Council's “Information Supporting the Scheme for Financial Management” document in Appendix A. The system will be subject to internal audit review.

5.3 Schools must provide information to the County Council on the accounting basis specified in “Information Supporting the Scheme for Financial Management”. It is for a school’s governing body to decide on what basis internal accounts or systems are operated.

Financial records

5.4 All financial records, except payroll-related records, bank statements and inventories, should be kept at the school for three complete financial years (1 April to 31 March) plus the current financial year. This period is based on the date of entry to the financial records; or, if a document covers a range of dates, on the date of the last entry. Bank statements must be kept for six years, and inventories kept indefinitely.

5.5 Requirements for other financial records are as follows:

Further information on payroll or superannuation is available from Payroll Services or Pension Services respectively, County Treasurer's Department.

5.6 Individual financial records must be suitably retained and cross-referenced so they can be easily retrieved and examined. The following people are permitted to examine such information:

5.7 After the retention period is over, records should be disposed of as confidential documents.

5.8 A copy of all invoices where the VAT amount is greater than £20,000 must be sent to the VAT Accounting Officer, Corporate Finance, County Treasurer's Department at The Castle. Copies should be marked “Not for payment - VAT purposes only”.

5.9 Queries about keeping invoices or who is entitled to examine them, should be directed to the Creditors Payments Group, County Treasurer's Department.

Payroll requirements

5.10 To fulfil statutory S151 responsibilities, the County Treasurer must approve the providers of all payroll services to all schools. If the County Council is the payroll service provider, the County Treasurer will arrange for the completion and return of all payroll-related financial statements which are required by law.

5.11 If a school has elected to use an external provider, then all associated responsibilities - such as effective administration, payments and submission of returns - will rest with the school. This will include submitting information to the County Council as specified in Information Supporting the Scheme for Financial Management (Appendix B) by the due dates. If the school fails to provide this, or similar information specified by the County Treasurer, it may result in the suspension of delegated funding to the school and/or a charge against the school's budget (see sections 13 and 14).

5.12 All payments to employees, except cash reimbursements, must be made via the payroll service.

5.13 The Headteacher is responsible for verifying that all who are paid via the payroll are properly appointed employees. A signed declaration must be held for each term and must be available for audit review.

5.14 The Chairman of the governing body must authorise in writing any change in the Headteacher's salary except standard incremental and inflationary increases. A copy of the Chairman's signature must be sent to the payroll service provider, to be held on file, in order to validate any request for amendment.

VAT

5.15 All schools will be included on the County Council's VAT registration. The County Treasurer has produced a VAT manual available to all schools, which explains how to identify and account for VAT. Amounts reclaimed on behalf of schools will be passed back to those schools. Copies and further advice are available from Corporate Finance, County Treasurer's Department.

Construction Industry Scheme (CIS)

5.16 In order to assure smooth running of the scheme, the Inland Revenue has agreed that:

6 Audit Arrangements

Internal Audit

6.1 By law, both internal and external audit must be funded from the strategic management heading, therefore not delegated to schools. To fulfil S151 responsibilities, the County Treasurer will appoint internal auditors for all schools. The County Treasurer will determine the frequency and length of audit visits and nature of audit cover. This will be done in consultation with schools through Management Partnership.

External Audit

6.2 External auditors, eg District Audit, will be appointed by the County Council on the recommendation of the Audit Commission.

Additional financial advice

6.3 All schools will receive a basic level of advice and support from Education Financial Services. They may purchase additional advice and support from the same source. They may also purchase additional internal audit services (eg annual reviews) from the County Council if they wish (contact Audit Services, County Treasurer's Department). Furthermore, schools may if they wish purchase financial advice or external audit to provide the governing body with assurance on the financial management of the school, in addition to the assurance gained from internal and external audit paid for centrally. Additional financial advice and independent external audit must be purchased from the school's budget share.

6.4 Schools must provide audit certificates for voluntary and private funds held, and for any trading organisations controlled by the school.

7 Cheque Books and Bank Accounts (not Imprest)

Cheque books

7.1 All schools can choose to manage payments locally. Schools keep all interest earned but bear the cost of all bank charges. Schools are not permitted to overdraw their accounts.

7.2 The school will receive all delegated funds. However, deductions will be made to account for the interest which the County Council loses by forwarding funds earlier than payments would otherwise have been made. The exact deduction will be reviewed annually. Schools should also be aware of the additional administrative costs of taking the cheque book option.

7.3 Where a school receives full budget share payments into a bank account (i.e. including pay costs), then devolved grant payments will also be paid into that account.  No interest clawbacks will be made on sums advanced for devolved grants.

7.4 After consulting Headteachers’ representatives, the Education Committee has decided to pay only nominal interest of 0.1% on balances carried forward by primary and special schools. This enables more funding to be used to support those schools' delegated budgets. Secondary schools will receive interest equivalent to the base rate less 0.5% on any part of their balance carried forward and invested with the County Council.

7.5 The decision to opt in or out of the cheque book scheme lies with the governing body. The decision should be formally minuted. Any school opting in to the cheque book scheme, or making any change on this matter, must notify the LMS Team, Education Department by 1 December for arrangements to take effect in the following April.

7.6 Any school operating an imprest account must reconcile and arrange closure of that account before starting to use a cheque book account.

Bank accounts

7.7 All maintained schools may have an external bank account, in the name of the school rather than the County Council, into which their budget share instalments may be paid. If a school has an external account, the account mandate must state that the County Council is the owner of the funds in the account, entitled to receive statements and can take control of the account if the school’s delegated management is suspended. Bank account signatories must be employees of the school or Hampshire County Council. All banking arrangements must be approved by the County Treasurer so that the suitability of the banking institution can be assessed and monitored. The list of approved financial institutions is maintained by Corporate Finance, County Treasurer's Department. Should any institution be removed from the list, all accounts held must be closed immediately following notification from the County Treasurer, and any funds returned to the County Council pending the opening of a replacement account. Any funds paid by the County Council should be returned to them pending the opening of a replacement account.

7.8 Approved banking institutions as at 1 March 1999 are:

7.9 Schools having bank accounts with other banks, before 1 April 2001, will be allowed to retain those accounts.  Any changes of banking arrangements must be approved by the County Treasurer.

7.10 All new banking arrangements may only be made with effect from the beginning of each financial or academic year, except in the case of paragraph 7.7. Schools without a bank account either at the start of the scheme or later cannot have one until any deficit balance is cleared. When a school opens an external bank account, it may immediately have transferred to it the estimated total of its surplus balance, with corrections effected later if necessary.

7.11 The County Council would estimate the expenditure based on that school’s historical profile, and then seek comments on the estimate from the school.  The balance to be transferred would be the difference between the pro rata share of the budget share allocation and the estimated expenditure, plus any balance from a previous financial year.  This provisional balance would transfer on the last banking day before the new arrangements take effect.  There would subsequently be a full reconciliation.

7.12 Schools opting for cheque books must set up a direct debit instruction if they intend to make payments via FMS or have the County Council process payments centrally (eg for utility bills), so that the County Treasurer can debit schools for items paid on the school's behalf. An instruction form is available from Corporate Finance and should be returned there on completion. This direct debit cannot be stopped by the school once a payment has been made on its behalf. However, the request to make a payment via FMS must be authorised in advance by one of the school's nominated authorising officers. Any school with a service level agreement including County Treasurer's Payments services (eg full subscription) will need to set up a direct debit instruction for the agreement to take effect.

7.13 The County Council can offer two options to schools for the advance of budget shares:

7.14 The monthly payment option gives advances as shown below:

Schools who want an advance before these dates can request an earlier date and will incur an additional cashflow deduction.

7.15 The termly non-pay advance option will allow those County schools that already had cheque books at 31 March 1999 to continue as before. Therefore, payroll-related payments will not be made to schools but will be centrally retained. Non-payroll related payments will be made termly in advance on the following basis as this reflects previous spending patterns:

7.16 Schools will incur cashflow deductions appropriate to the option they choose. Schools opting for the monthly payments will be able to choose which day of the month to receive budget share advances, eg on the 15th of each month. Schools choosing a date before the last banking day of the month will incur an additional cashflow deduction.

7.17 The County Council will pay interest to schools on late advances of budget share instalments, where such late advance is the result of a County Council error.  The interest rate for cash flow deductions will be used.

7.18 Examples of interest deductions are shown in the tables that follow for a school with a budget share totalling £1,500,000, of which £1,200,000 is payroll-related and £300,000 is not. The examples reflect the actual spending patterns of schools.

Table 7.1 - Interest deduction calculation for local bank account - schools option 1

 

 

Average day of payment for non-cheque book schools

Average day of advance

Date

Day of year

Non-pay amount

Pay amount

Total amount

Weighted day of spending

Advance amount

Weighted day of spending

a

b

c

d

e(c + d)

f(b x e)

g

h(b x g)

01/04/99

1

 

 

0

 

41,667

41,667

15/04/99

15

60,800

 

60,800

912,000

 

 

29/04/99

29

 

 

 

 

125,000

3,625,000

30/04/99

30

 

100,000

100,000

3,000,000

 

 

15/05/99

45

31,400

 

31,400

1,413,000

 

 

27/05/99

57

 

 

 

 

125,000

7,125,000

28/05/99

58

 

100,000

100,000

5,800,000

 

 

15/06/99

76

15,300

 

15,300

1,162,800

 

 

29/06/99

90

 

 

 

 

125,000

11,250,000

30/06/99

91

 

100,000

100,000

9,100,000

 

 

15/07/99

106

36,700

 

36,700

3,890,200

 

 

29/07/99

120

 

 

 

 

125,000

15,000,000

30/07/99

121

 

100,000

100,000

12,100,000

 

 

15/08/99

137

13,300

 

13,300

1,822,100

 

 

27/08/99

149

 

 

 

 

125,000

18,625,000

31/08/99

153

 

100,000

100,000

15,300,000

 

 

15/09/99

168

13,500

 

13,500

2,268,000

 

 

29/09/99

182

 

 

 

 

125,000

22,750,000

30/09/99

183

 

100,000

100,000

18,300,000

 

 

15/10/99

198

34,600

 

34,600

6,850,800

 

 

28/10/99

211

 

 

 

 

125,000

26,375,000

29/10/99

212

 

100,000

100,000

21,200,000

 

 

15/11/99

229

13,800

 

13,800

3,160,200

 

 

29/11/99

243

 

 

 

 

125,000

30,375,000

30/11/99

244

 

100,000

100,000

24,400,000

 

 

15/12/99

259

22,900

 

22,900

5,931,100

 

 

29/12/99

273

 

 

 

 

125,000

34,125,000

30/12/99

274

 

100,000

100,000

27,400,000

 

 

15/01/00

290

23,400

 

23,400

6,786,000

 

 

28/01/99

303

 

 

 

 

125,000

37,875,000

31/01/00

306

 

100,000

100,000

30,600,000

 

 

15/02/00

321

14,800

 

14,800

4,750,800

 

 

28/02/00

334

 

 

 

 

125,000

41,750,000

29/02/00

335

 

100,000

100,000

33,500,000

 

 

15/03/00

350

19,500

 

19,500

6,825,000

 

 

30/03/00

365

 

 

 

 

83,333

30,416,545

31/03/00

366

 

100,000

100,000

36,600,000

 

 

Total

300,000

1,200,000

1,500,000

283,072,000

1,500,000

279,333,212

 

 

 

 

(i)

(j)

(k)

(l)

 

Average day of payment (j divided by i) = 283,072,000/1,500,000 = 188.7

Average day of advance (l divided by k) = 279,333,212/1,500,000 = 186.2

Difference = number of days interest = 2.5

Interest deduction = 2.5/365 x 6.00% x 1,500,000 = £616 (where 6.00% is the base rate)

 

Table 7.2 - Calculation of interest deduction for local bank account schools -  option 2

 

 

Average day of payment

Average day of advance

Date

Day of year

Non-pay spend amount

Weighted day of spending

Advance amount

Weighted day of spending

a

b

c

d(b x c)

e

f(b x e)

01/04/99

1

 

 

120,000

120,000

15/04/99

15

60,800

912,000

 

 

15/05/99

45

31,400

1,413,000

 

 

15/06/99

76

15,300

1,162,800

 

 

15/07/99

106

36,700

3,890,200

 

 

15/08/99

137

13,300

1,822,100

 

 

01/09/99

154

 

 

90,000

13,860,000

15/09/99

168

13,500

2,268,000

 

 

15/10/99

198

34,600

6,850,800

 

 

15/11/99

229

13,800

3,160,200

 

 

15/12/99

259

22,900

5,931,100

 

 

30/12/99

274

 

 

90,000

24,660,000

15/01/00

290

23,400

6,786,000

 

 

15/02/00

321

14,800

4,750,800

 

 

15/03/00

350

19,500

6,825,000

 

 

Total

300,000

45,772,000

300,000

38,640,000

 

 

(g)

(h)

(i)

(j)

 

Average day of payment (h divided by g) = 152.6 days

Average day of advance (j divided by i) = 128.8 days

Difference = 23.8 days

Interest deduction = 23.8/365 x 6.00% x £300,000 = £1,174 (where the base rate is 6.00%)

 

7.19 If a school chooses to have its monthly advance before the last working day of the month, the additional lost interest deduction will simply be the number of days early divided by 365 x base rate x the advance amount, ie if a school wants to receive a £125,000 advance four days early, the deduction will be:

                        4/365 x 6.00% x £125,000 = £82 (where the base rate is 6.00%)

7.20 All schools must notify the LMS Team, Education Department, by the 1 January for changes from 1 April and by 1 June for changes from 1 September when they wish to change their option or date for advances. Schools will incur cashflow deductions appropriate to the option they choose to cover the estimated loss of interest income that would have been earned by the County Council, if the funds were not forwarded to an external bank account.

7.21 For further details of the requirements for and operation of cheque book accounts, please see section 14 of the County Council's Local Management of Schools - Financial Practice and Procedure.

8 Provision of Services and Facilities by the County Council

Centrally retained budgets

8.1 The County Council will determine on what basis to provide services funded from centrally retained budgets. The County Council will not discriminate on the basis of category of schools except where:

Service level agreements

8.2 All agreements between the County Council and schools from 1 April 1999 will last for a maximum of three years from inception and up to five years for any subsequent agreement relating to the same services, except catering services where the periods in question will be five and seven years respectively. The terms of any agreement should be reviewed at least every three years.

8.3 The County Council will endeavour, where possible, to offer services singly as well as in combination packages. Buyback services will not unreasonably restrict a school's freedom of choice among the services available. Services will be available on a basis which is not related to an extended agreement, as well as on the basis of such agreements.

8.4 The County Council will offer services at prices which are intended to generate income which is no less than the cost of providing those services.  The total cost of the service must be met by the total income, even if schools are charged differentially.

8.5 Service level agreements must be in place by 31 March of the previous financial year to be effective for the following year.  Schools must have at least six weeks to consider the terms of agreements.

9 Computer Security

9.1 The school's governing body should ensure that computer systems used:

10 Insurance

10.1 Insurance will be delegated to all schools which will have the opportunity to buy back into the County Council’s arrangements. If a school chooses external insurance providers then the cover relevant to the County council’s insurable interests provided by the policy should be demonstrably  at least as good as the relevant minimum cover arranged by the County Council. For further details on the requirements and operation of the County Council’s scheme, please see section 21 of the Local Management of Schools – Manual of Financial Practice and Procedure.  

10.2 If a school does not choose the County Council's scheme, it should obtain the cover detailed in Appendix C of Information Supporting the Scheme for Financial Management. Schools must gain approval from the Chief Executive’s Insurance section if they intend to purchase insurance that does not meet the minimum requirements specified.  The County Council will have regard to the actual risks which might reasonably be expected to arise at the school in question when considering minimum levels of cover.

10.3 Schools should make appropriate arrangements to ensure replacement or repair of their buildings and contents if damage arises from explosion, storm, flood, riot or malicious damage, and similar risks. Arrangements with their insurer or other provider are expected to match the standard and speed of response currently provided by the Council.

10.4 The school must cover not only its own liabilities but those of the County Council which are engendered by the action or inaction of the school. If schools choose to insure risks themselves, it is expected that they will arrange for the insurer to provide all insurance and risk management advice, claims handling and legal representation in respect of claims.

10.5 The governing body should also undertake risk assessment to determine whether insurance of the school buildings and contents against theft and terrorism would represent value for money.

10.6 For a school that was formerly voluntary aided, the governing body must have regard to any guidance from their trustees about the insurance required for any premises, used by the school, which are owned by the trustees. Voluntary aided schools are discussed more thoroughly in section 20 of this scheme.

10.7 If an external provider is to be used, the governing body must invite tenders every three years, in accordance with tendering procedures.

11 Other Financial Controls

Write-offs

11.1 Headteachers may write-off any amount of income due up to a maximum of £200 if they consider it is irretrievable, and must sign an explanatory record giving reasons for the write-offs. Records must be kept for inspection.

11.2 The County Council cannot write-off the deficit balance of any school.

Community subsidy

11.3 The governing body may choose to let school premises and equipment. Hire charges should be set so that the income at least covers any additional costs resulting from the non-school use. Any surplus may be added to the school's budget. Schools may claim a “community subsidy” from the County Council towards the costs arising from use by eligible community groups. In return, the governing body is expected to apply hire charges suggested by the County Council for use by the community groups. The charges are calculated to cover likely costs when added to the subsidy. Any surplus arising from subsidised use by community groups may only be spent for the benefit of community users. Further details, definitions and guidance are given in section 23 of the County Council's Local Management of Schools - Financial Practice and Procedure manual.

Early-years clubs; pre- and after-school clubs

11.4 An early-years, pre- or after-school club may operate at a school in one of two ways.  Either the school lets rooms to a bona fide organisation which has sole responsibility for running the club, or the school operates the club as an extension to the school.

11.5 If the school operates the club, the governors are responsible for agreeing day-to-day matters such as fees, staffing and budgets. Registers should be used to record attendance and as a basis for collecting fees.

Pecuniary interests

11.6 The governing body of each school must establish by 31 December 1999 (if it does not already have one), a register which lists for each member of the governing body, the Headteacher and staff who may influence expenditure any business interests they, their partner or any member of their immediate family have. The governing body must keep the register up to date with notification of changes and through annual review of entries, and make the register available for inspection by governors, staff, parents and the County Council. Further details are given in Information Supporting the Scheme for Financial Management (Appendix D).

Special Educational Needs (SEN)

11.7 Additional funding may be given to mainstream schools to educate pupils with SEN in line with the 1981 Education Act. Governors have a statutory responsibility to provide for pupils’ needs.

Assets

11.8 All schools should maintain an asset register which contains details of significant equipment and capital items and an inventory which contains details of moveable non-capital assets. The register and inventory should be kept up to date and include the following information:

11.9 Schools will be free to determine their own arrangements for keeping a register of assets worth less than £1,000. However, schools must have a register and will be expected to have regard to the County Council’s policies on inventories.  Schools must ensure that whatever arrangements are in place meet the school’s insurance policy requirements

11.10 Controls such as security marking should be in place to safeguard assets. Schools should consider the best location for the asset. Any changes to the asset register should be authorised. Further details are given in the County Council's Financial Regulations.

Governors' expenses

11.11 Under schedule 11 of the School Standards and Framework Act 1998, only allowances for purposes specified in regulations may be paid to governors from a school's delegated budget share. Payment of any other allowance is strictly forbidden. Furthermore, schools must not duplicate payment by the Secretary of State to additional governors appointed by him or her to schools under special measures.

11.12 The County Council may delegate funds to meet governors' expenses to the governing body of a school yet to receive a delegated budget.

PFI/PPP

11.13 The County Council will issue regulations regarding PFI/PPP projects if one is developed.

Liability of governors

11.14 As the governing body is a corporate body, governors of maintained schools will not incur any personal liability in the exercise of their power to spend the delegated budget share provided that they act in good faith.

Health and safety

11.15 In expending the school's budget share, governing bodies must have due regard for duties placed on the County Council in relation to health and safety, and the County Council's policy on health and safety matters in the management of the budget share.

Delegation to new schools

11.16 The County Council can delegate selectively and optionally to the governing bodies of schools which have yet to receive delegated budgets.

Whistleblowing

11.17 Schools should take note of the Human Rights Act and the County Council’s rules on “whistleblowing”.  Schools should establish arrangements to safeguard the interests of whistleblowers.  Further guidance will be included in the Personnel Manual.

Child Protection

11.18 Schools are urged to support the work of child protection case conferences and similar events whether by the release of staff to attend or by making written submissions.  However, there is no requirement on schools to release staff to attend and the County Council does not make any payments to schools to help meet costs.

12 Borrowing and Investments

Borrowing

12.1 Schools must not borrow through a bank overdraft or other means without the prior written consent of the Secretary of State. Paragraphs 12.4 to 12.8 will only apply once consent has been received. The County Council does not wish to operate any loan scheme.

12.2 The County Council defines borrowing as:

12.3 Schools should seek an opinion on the nature of the lease from Corporate Finance, County Treasurer's Department before entering into any lease agreement.

12.4 It is good practice for the governing body to draw up a borrowing policy which will set out the basis on which their decisions are made. A decision to borrow may well significantly affect a school's finances and operations. The borrowing policy must include:

12.5 Loans must not be secured against assets which the County Council considers essential to the continuance of the school, namely:

12.6 Each application to the County Council to enter into a borrowing agreement will be evaluated on its own merits. As a guide, an application should normally include:

12.7 Schools are responsible for understanding, assessing and managing the risks to which they may be exposed as a result of borrowing.

12.8 Schools must not borrow from overseas or in foreign currency.

12.9 Voluntary aided schools may borrow from the Diocesan Authority in certain circumstances, but only with the prior consent of the County Treasurer (see section 20 - Voluntary Aided Schools).

Investments

12.10 If a community school has chosen to operate a local bank account (cheque book option) and intends to invest money other than in a deposit account, then the governing body of the school must write an investment policy and get it approved by Corporate Finance, County Treasurer's Department, before making any investment. The investment policy must include:

12.11 Investments must be made in accordance with the investment policy and written procedures approved by the governing body. Governors should obtain written advice on their investment policy from their professional advisers. The governing body must implement procedures to ensure that this policy is adhered to at all times. Governors should note that the security of any funds under their control is more important than the level of return gained from them.

Leasing

12.12 The temporary acquisition of premises or equipment by a school may constitute a lease. Schools are not permitted to enter into leases of land or buildings. In some cases, the County Council may enter into a property lease for school use subject to approval by the relevant committees. Any school wishing to propose a new lease should contact their Building Planning Officer in the Education Department and the Head of Estates Practice.

12.13 Accounting standards require leases to be reported in specific ways, depending on the terms of the lease. For the County Treasurer to determine how the payments should be accounted for, all schools must contact the Corporate Finance section, County Treasurer's Department before entering into any contract where the school acquires the temporary use of buildings or equipment.

13 Suspension of Delegated Management

Circumstances in which suspension of delegated management would be considered

13.1 The School Standards and Framework Act 1998 states that a governing body's right to a delegated budget may be suspended by the County Council if it fails to comply with requirements or mismanages the funds. The County Council may suspend a school's right to a delegated budget if the provisions of the school financing scheme (or rules applied by the scheme) have been substantially or persistently breached, or if the budget share has not been managed satisfactorily. There is a right of appeal to the Secretary of State. A school's right to a delegated budget share may also be suspended for other reasons as stated in section 17 of the Schools Standards and Framework Act 1998, but in that case there is no right of appeal. Alternatively, or in addition, schools may receive a charge against their school budget for any liabilities incurred (see section 14).

14 Charges Against School Budgets

Basis for making a charge

14.1 The County Council may make a charge against a school's budget share, to protect its own financial position, if it incurs liabilities through action or inaction by the governing body. The circumstances for making a charge are given in Information Supporting the Scheme for Financial Management (Appendix E), and shown below:

14.2 If any former grant-maintained special school maintained by the County Council fails to repay any amount of a loan due to the Secretary of State, as agreed under section 122 of the Education Act 1996, the County Council may charge the school's budget share.

14.3 If the County Council believes that a charge should be made against a school's budget, the matter will be discussed with the school first and then presented in writing. The school will have 15 school days from the date of the letter to respond. The reasons for the charge and the response will be considered by the appropriate chief officer before deciding a charge. Charges will be reported to Education Resources Sub-Committee at least annually.

14.4 An invoice may be sent or a charge deducted from the budget share, either in full for immediate settlement or over a period of time as specified by the chief officer. A charge against a school's budget can still be made if the school has a deficit balance or the charge would leave the school with a deficit.

14.5 The County Council must charge salaries of school-based staff to school budget shares at actual cost. The County Council may also suspend delegated funding to the school (see section 13).

Fees to be deducted from teachers’ salaries and remitted to the General Teaching Council for England

14.6 The General Teaching Council for England (Deduction of Fees) Regulations 2001 (“the Regulations”, S.I. 2001 No. 3993) came into force on 10 January 2002.  The Regulations apply to teachers at maintained schools registered with the General Teaching Council for England (“the GTC”) or required to be so registered by the Teachers (Compulsory Registration) (England) Regulations 2001 (S.I. 2001 No.1266).  The Regulations place a duty on the employer of such teachers to deduct and remit the GTC fee in respect of a teacher who has not already paid the fee to the GTC where the GTC has notified the employer to deduct and remit the fee of that teacher.  This includes teachers who have indicated to the GTC that they wish to pay the fee by a salary deduction as well as teachers who have not indicated how they wish to pay the fee.

In order to ensure the performance of the duties to deduct and remit the fee imposed on employers by the Regulations the following conditions are imposed on the Authority and governing bodies of all maintained schools covered by this Scheme in relation to their budget shares and come into effect on 28 February 2002:

(1) By virtue of section 46 of the School Standards and Framework Act 1998 and the regulations made under that section (at present the Financing of Maintained Schools (England) Regulations 2001 (S.I. 2001 No.475, Part II and Schedule 1) the costs of payroll administration for teachers in the Authority’s maintained schools fall to be met from the budget shares which are allocated to governing bodies pursuant to section 47 of the Act, and which are delegated to them pursuant to sections 49-50.   Accordingly, by virtue of Chapter IV of Part II of that Act and this Scheme, governing bodies of maintained schools are responsible for making suitable arrangements (or ensuring that such arrangements are made) for the administration of payroll services in respect of their teachers.

(2) A governing body of a community school, community special school or a voluntary controlled school, though not the employer of the teachers at such a school, shall:-

(a)  where the governing body has entered into any arrangement or agreement with the Authority to provide payroll services, ensure that any such arrangement or agreement is amended to allow for the deduction and remittance of fees by the Authority to the GTC.  The governing body shall meet any consequential costs from the school’s budget share;

(b) where the governing body has entered into any arrangement or agreement with a person other than the Authority to provide payroll services, ensure that any such arrangement or agreement is amended to allow for the deduction and remittance of fees by that person to the Authority or directly to the GTC where this has been agreed between the GTC and the Authority.  The governing body shall meet any consequential costs from the school’s budget share; and

(c) where the governing body directly administers the payroll, deduct and remit the fees to the Authority or directly to the GTC where this has been agreed between the GTC and the Authority.  The governing body shall meet any consequential costs from the school’s budget share.

(3) A governing body of a foundation school, a foundation special school or a voluntary aided school, as the employer of its teachers, is by virtue of the Regulations under a duty to deduct (or arrange for the deduction of) the fee and to remit the fee to the GTC.   Accordingly, a governing body shall:-

(a) where the governing body has entered into any arrangement or agreement with the Authority to provide payroll services, ensure that any such arrangement or agreement is amended to allow for the deduction and remittance of the fees by the Authority to the GTC on the governing body’s behalf. The Authority shall agree to any such amendment.  The governing body shall meet any consequential costs from the school’s budget share;

(b) where the governing body has entered into any arrangement or agreement with a person other than the Authority to provide payroll services, ensure that any such arrangement or agreement is amended to allow for the deduction and remittance of the fees by that person to the GTC or to the governing body for onward transmission to GTC.  The governing body shall meet any consequential costs from the school’s budget share; and

(c) where the governing body directly administers the payroll, deduct and remit the fees to the GTC.  The governing body shall meet any consequential costs from the school’s budget share.

(4) All this shall be done whether the funding for the salary payments is paid to the Authority by the school from budget share instalments which have been held by the school in an independent bank account, or the salary costs are directly charged by the Authority to the school’s budget share account.

15 School Income

Retention of income by schools

15.1 Schools are permitted to keep all income from:

Schools must have regard to any policy statements on charging produced by the County Council.

15.2 Schools may cross-subsidise lettings for community and voluntary use with income from other lettings, provided there is no net cost to the budget share. However, schools should have regard to directions issued by the County Council on the use of school premises, as permitted under the School Standards and Framework Act 1998 for various categories of schools.

15.3 Schools must ensure that VAT is accounted for properly on all income (see paragraph 5.15 on VAT).

Fees and charges

15.4 All schools must have a charging and remission policy. Charges may not be made for education provided during school hours. The exception is that they may charge for musical tuition of an individual or a group of up to four pupils, if the teaching is not an essential part of either the National Curriculum or a public examination syllabus.

15.5 Schools may also charge for:

15.6 Although charges must not be made, parents may be invited to make a contribution towards the cost of school activities. If a particular activity cannot take place without financial help, that can be explained to parents at the planning stage. The essential point is that no pupil may be left out of an activity because his or her parents cannot, or will not, make a financial contribution. The school must first decide which class or group of pupils is to benefit from the activity, and then look for voluntary contributions either for the activity or by general fund-raising.

Sale of assets

15.7 For assets purchased from non-delegated funds, any income received will belong to the County Council. The school must take the advice of the Head of Procurement and Supplies on the disposal of surplus or obsolete assets. Normally, disposal should be by competitive tender or public auction except where:

15.8 The sale of land is subject to different procedures: the advice of the Head of Estates Practice must be sought and followed.

16 Carry Forwards

16.1 Schools will carry forward from year to year both underspendings and overspendings. When a school decides to invest with the County Treasurer some or all of the unspent money brought forward, it will receive interest on the sum concerned at a rate determined by the County Treasurer, after consultation with school representatives (currently 0.5% below base rate for secondary schools and 0.1% for primary and special schools - see paragraph 7.4).

16.2 A school's surplus or deficit balance at 1 April 1999 is equal to that at 31 March 1999. In addition, any schedule for eliminating a deficit balance agreed either between the County Council and a school, or between FAS and a grant maintained or grant maintained special school, must continue to be followed.

16.3 A school facing an overspend is expected to discuss this with the County Council before it incurs a deficit. In the case of an actual overspend, if the amount in any one year exceeds 3% of the school's budget share, the County Council would expect to agree with the school a plan of action to reduce the deficit over a reasonable period. This is regarded as an important management discipline, aiming to help the school to manage its own affairs. Similarly, if a school overspent in consecutive years it would again be necessary to discuss why and agree corrective action. In practice schools must discuss all budget deficits with Education Financial services.

16.4 Schools must not plan for an overspend, though there may be instances where it is necessary to anticipate a future budget in order to meet a large one-off item of expenditure. Agreement must be sought in advance from Education Financial Services.

16.5 The County Council may charge interest on deficit balances up to 0.5% above the base rate at 1 April each year. The interest will be on the balance at the start of the year. Former grant-maintained  special schools will not be charged interest for pre 1 April 1999 deficits. Interest will only be charged on deficit balances after a specific decision of the Education Committee to do so.

16.6 All former grant-maintained schools will have the right to spend any surplus balances which they bring with them from the period during which they were funded by the FAS. Where a deficit balance exists at the end of FAS funding, that is carried forward. Any schedule for eliminating the deficit agreed with the FAS (or the County Council in the case of deficits incurred when the school was previously maintained by the County Council, and carried over into the change of status under the GM Finance Regulations) must continue to be adhered to.

Balances

16.7 If a school’s end of financial year balance exceeds 5% of the budget share or £25,000 (whichever is greater), then the governing body must submit a report by 31 July of that year to the local Education Financial Services office, explaining how they intend to use the balance.

17 Maintenance of Buildings

17.1 For community schools, where the County Council owns the school land and buildings, the County Council will be responsible for “landlord” functions such as major structural repairs and replacing major components. The responsibility for most general items of repair and maintenance of the buildings, including related health and safety requirements, rests with schools. The County Council does not have a de minimus level for capital. The split of responsibility has been based on guidance from the DfEE and is in line with the CIPFA Statement of Recommended Practice. Further details and examples are given in Appendix A of the scheme and Appendix F of Information Supporting the Scheme for Financial Management.

17.2 The County Council is ultimately responsible for the fabric of the buildings of all County Council-maintained schools. The County Council has a duty to ensure that schools are maintaining buildings and fixtures in line with best practice, and to ensure that all health and safety requirements are being met. The County Council will inspect school buildings in discharging this duty. Failure to maintain buildings and fixtures to the required standard may lead to the suspension of delegated funding (see section 13), or a charge against the school's budget (see section 14), or both.

17.3 Governing bodies of voluntary aided schools are eligible for grant from the DfEE in respect of their statutory responsibilities and in addition they will have responsibilities for other repairs. The voluntary aided and special agreement school - Determination of financial liabilities list will be used to establish responsibility for payment of liabilities.

17.4 The County Council may retain funds centrally for repairing and maintaining kitchens and kitchen equipment in schools which have not had school meals delegated.

18 Central Funds and Earmarking

18.1 The County Council may allocate funds, such as the Standards Fund, in addition to the schools' budget shares. Funds may be allocated to schools at the request of, or otherwise by agreement with, the governing body for any specified purpose.

18.2 These funds must be used only for the specified purpose for which they are made available, and they should be kept separate from the school's budget share. The funds may be allocated regularly for recurrent expenditure, or on particular occasions for a specific expense. Earmarked funds must be returned to the County Council if not spent in-year, or within the period which schools are allowed to use the funding, if different.

19 Catering

Requirements

19.1 All foundation schools, and those secondary schools not covered by existing contracts at April 1999, will receive delegated funding to purchase catering services. From April 2000, all secondary schools will receive delegated funding, and any primary or special school will be allowed to request delegation of funds on an individual basis.

19.2 When entering into a contract or agreement for catering services, the governing body must have regard to the County Council’s policies on school meals in discharging their duties in relation to school meals.

20 Voluntary Aided Schools

Buildings and insurance

20.1 In the case of aided schools, the buildings are owned by the trustees and not the County Council. As such, some of the insurance arrangements are the responsibility of the governing body in conjunction with the trustees. Separate insurance should be considered for:

20.2 For further details, definitions and guidance relating to voluntary aided schools, see section 33 of the County Council's Local Management of Schools - Manual of Financial Practice and Procedure.

21 Reporting Requirements

Financial returns - FMS

21.1 Schools operating FMS must submit their budget for the current financial year to FMS by 20 May each year. No further information will be required, as long as FMS records are kept up to date.

Financial returns - Non-FMS

21.2 There will be a transitional period when not all schools operate FMS. In this period, financial returns will be required. An explanation of returns required is given in Information Supporting the Scheme for Financial Management (Appendix G) with further guidance and proforma in Appendices H to T of the same document.  The County Council will not request income and expenditure reports more often than once every three months, except for those connected with tax or banking reconciliation, unless the County Council has notified the school in writing that in its view the school’s financial position warrants more frequent submission or the school is in its first year of operation.  The restriction to a minimum three month interval does not apply to schools which are part of the County Council’s on-line financial accounting system.

22 Unofficial Funds

22.1 Most schools have money available from sources other than the County Council which may be used for the general benefit of the school. Where such funds are controlled by an employee because of his or her position at the school, but do not pass through the County Council's accounts, they are regarded as unofficial funds. The Local Government Act 1972 states that a local authority may require any of its staff to account for all money and property committed to their charge and to produce the relevant supporting documents. To fulfil section 151 responsibilities, this requirement is extended to include all staff at all schools.

22.2 Accounts must be maintained and supporting documents (eg receipts) held for all transactions, including a 'management trail'. Reporting arrangements must be formalised. Best practice requires the reporting of annual accounts.

22.3 Audit certificates must be provided to the local Education Financial Services office for private or voluntary funds held by the school, and for any accounts of trading organisations controlled by the school. A copy must also be retained at the school.

22.4 For further details on the requirements for and operation of unofficial accounts, see section 32 of the County Council's Local Management of Schools - Manual of Financial Practice and Procedure.

23 Best Value/Value for Money

Best Value/Value for money

23.1 All schools must consider the relevance of Best Value principles in the expenditure of funds from their delegated budget share. When submitting annual budget plans, schools are required to say how Best Value principles are being followed.

23.2 Best Value will be a statutory duty to deliver services to clear standards, covering both cost and quality, in the most effective, economic and efficient means available. Legislation will place a duty on the County Council to secure Best Value for the way the County Council exercises its functions. The new duty is not intended to apply to those functions which are exercised by the governing bodies of County Council maintained schools. However, schools will be encouraged to adopt the Best Value performance management framework.

23.3 In relation to schools and expenditure from delegated budgets, the main features of Best Value can be summarised as a need for the governing body of a school to ensure:

(a) the existence of a programme of performance review which will aim for continual improvement. Existing mechanisms such as school development plans and post-Ofsted inspection plans can be developed to satisfy the requirements for review. The reviews should include:

  • challenging how and why a service is provided (including consideration of alternative providers)
  • comparison of performance against other schools, taking into account the views of parents and pupils
  • mechanisms to consult stakeholders, especially parents and pupils
  • embracing competition as a means of securing efficient and effective services

(b) the development of a framework of performance indicators and targets which will provide a clear practical expression of a school's performance, taking national requirements into account

(c) that the following are included in school development plans

  • summary of objectives and strategy for the future
  • forward targets on an annual and longer term basis
  • description of the means by which performance targets will be achieved
  • a report on current performance

(d) that internal and external audits take place ensuring that performance information is scrutinised. County Council oversight of school finances provides external review.

23.4 The independent inspection and intervention elements of the Best Value framework will be the responsibility of other bodies, and therefore not relevant to demonstration by a governing body of adherence to Best Value principles.

24 Glossary

Chief Financial Officer (CFO)

The County Treasurer is the CFO of the County Council so has a responsibility to ensure probity and regularity in the County Council's financial activities

CIPFA

Chartered Institute of Public Finance and Accountancy

FAS

Funding Agency for Schools issued funds to GM schools and monitored financial activities

Financial Management System (FMS)

FMS is a commitment accounting system which provides facilities for reporting to transaction level, invoicing, making payments, budget setting, budget monitoring, ordering and authorisation controls

ISB

Individual Schools Budget

HCC BP/SIMS BP

A budget planning tool which estimates salaries, wages and on-costs for each individual employee on a month-by-month basis

LEA

Hampshire County Council is the appointed Local Education Authority

Prudential Limit

The financial limit up to which a foundation school may borrow money, currently set as the amount of money a school can borrow without the cost of repaying the debt (principal + interest) exceeding 5% of the total annual revenue budget

Section 151 (S15l)

The section of the Local Government Act 1972 which defines the responsibilities of the CFO (see CFO)

Vire

To move funds from one budget head to another

25 Who to Contact

For Financial Records, Advice and Unofficial Funds queries, contact your local Education Financial Services office:

Winchester Local Office, Clarendon House, Romsey Road, Winchester 01962 869611

Fleet Local Office, Birch House, Barley Way, Fleet 01252 812333

Havant Local Office, River Way, Havant 023 92498200

For Cheque Book queries, contact the Havant Local Office.

For Maintenance of Buildings queries, contact Property Business and Regulatory Services on 01962 847876.

For Insurance queries, contact the Chief Executive's Department at The Castle on 01962 847327.

For General Queries and Notification to opt for Cheque Book Status, contact the LMS Team, Education Department at The Castle on 01962 846423.

For County Treasurer's queries, refer to the County Treasurer's “Who Does What?” handbook.

26 Guidance Documents

School Standards and Framework Act 1998

Hampshire County Council Local Management of Schools - Manual of Financial Practice and Procedure

Hampshire County Council Financial Regulations

Hampshire County Council Standing Orders

Hampshire County Council Code of Practice on Contracts

Hampshire County Council VAT Manual

Hampshire County Council Accounting Information for Schools


Appendix A - Maintenance of School Buildings

County Council and Landlord role

Under the Fair Funding Regulations, land and buildings at community schools remain in the ownership of the County Council, which will continue to act as the landlord. At foundation and controlled schools, although the County Council is not the owner of the buildings, it does have ultimate responsibility for the building fabric. The legal position for VA schools is significantly different, and the provisions of the following paragraphs only apply to VA schools where specifically mentioned. The County Council discharges these functions through the Policy and Resources Committee which budgets for delegated and non-delegated expenditure on land and buildings at all schools.

The Policy and Resources Committee is responsible for the relationship between revenue repair and maintenance and capital repairs, and for the funding implication of major policy initiatives such as the land and property view.

Split of Responsibility

The responsibility for most general items of repair and maintenance of buildings, including related health and safety requirements, has been delegated to schools. The County Council remains responsible for most major repairs and the replacement of major components. The split of responsibility has been based on guidance from the DfEE and is in line with the CIPFA Code of Practice with the following broad categories:

Delegated Items

Landlord Responsibility

Internal decoration and repairs

Major structural repairs

 

External decoration and repairs

 

*Maintenance of all engineering services/systems

Replacement components or systems:

 

heating

water services

roofing

cladding

wiring

 

Minor repairs and maintenance of structural components

 

 

roofs

Major repairs to structural components, eg

 

roofs/walls

floors etc

 

floors

Re-roofing

 

Maintenance of fences, gates and hard landscape

 

Fire precaution upgrading

Energy conservation and insulation

 

Demolition

Maintenance and repair of drainage

 

Replacement drainage

*Existing term contract arrangements will continue to operate until these contracts expire in 2001.

Appendix A1 contains a detailed split of responsibilities between all schools and the County Council.

Best Practice and Health and Safety

The Department of Property, Business and Regulatory Services will provide schools with detailed best practice advice in relation to their responsibilities for repair and maintenance of buildings. If schools do not subscribe to the County Council's SLA for repair and maintenance, it will be their responsibility to abide by this best practice advice in order to ensure that buildings remain safe and operational. Particular attention is drawn to a school's responsibility for the health and safety of its occupants and visitors, including contractors employed to work on the buildings.

The principal legislative requirements and Codes of Practice relating to buildings, that all schools must comply with, are listed in Appendix A2. Any work on behalf of schools, as part of the SLA, must comply with these requirements.

Survey and Inspection

The County Council has a duty to ensure that schools are maintaining buildings and fixtures in line with best practice and to ensure that all health and safety requirements are being met. Annual inspections of school buildings will be made by the County Council's representatives in discharging this duty. Arrangements will be made with individual schools. Schools may not unreasonably deny access to the County Council for this purpose.

In line with section 14 (charges against schools’ budgets), a school's failure to maintain buildings/fixtures may lead to a charge against a school's budget, if the County Council incurs additional costs or liabilities as a result of this failure.

This section does not apply in whole or in part to schools who choose to buy back the County Council's services: in doing so they will be regarded as having met best practice and to have complied with health and safety requirements.

Approval to undertake alterations

All schools must seek the written authority from the Department of Property, Business and Regulatory Services before undertaking any alteration or structural work, and they must provide a health and safety plan.

Contractors

The Health and Safety Executive (HSE) has informed the County Council of a number of important matters concerning the control of contractors, which will significantly affect schools' responsibilities for repairs and maintenance.

The HSE has said:

Some schools are using contractors not on the approved list - it is not a requirement for schools when organising their own work to use contractors from the County Council's approved list, but is strongly recommended.

Local managers (eg Headteachers, governors, site managers, caretakers) need to be aware of the Council's legal responsibilities and have sufficient knowledge to identify contractors who are poor health and safety performers.

Monitoring contractors must be proactive in checking basic health and safety requirements.

Poor-performing contractors need to be removed from the approved list whether this be the County Council's or school's own list.

The five key standards schools must reach in discharging their responsibilities in appointing and controlling contractors are detailed in the SLA for repair and maintenance. Further advice will be provided to schools by the Department of Property, Business and Regulatory Services.

Schools not subscribing to the SLA with the Department of Property, Business and Regulatory Services will have particular responsibilities to discharge in respect of managing projects that fall within the requirement of the Construction (Design and Management) Regulations 1994.

Existing Contractual Commitments

For schools that were County Council maintained before 1 April 1999, the existing engineering term-maintenance contracts will continue to operate until their expiry in 2001. These contracts provide for regular servicing and inspection and a responsive emergency and breakdown service in relation to engineering plant. The value of these contracts across all community schools is £1.4m a year.


Appendix A1 - Split of Responsibility for Repairs and Maintenance Under Fair Funding Regulations for all schools

Elements

County Council Responsibility

Delegated to school

Roofs

 

 

Flat

 

Repair/replacement of small parts of an existing structure.

 

Structure: Replacement of all or substantial part of an existing structure to prevent imminent or correct actual major failure of structure.

Replace small areas of rotten or defective timber, make good minor areas of spalling concrete where reinforcing bars exposed.

Repair replacement of screed/ insulation where defective.

 

Screed/insulation: Replacement/repair of substantially all. Improve effectiveness of insulation.

Work to improve insulation standards during work to repair/replace small areas of roof.

 

Finish: Replacement of all/ substantially all on existing roof.

Replacement of roof finish on existing building, to under capital value limit.  Re-coating chippings to improve life expectancy.

Repairs/replacement (uPVC). Repainting.

 

Edge Trim/Fascial: Replacement of all/substantially all on existing roof.

Repairs/replacement (uPVC).

Clearing out gutters and downpipes. Replacement/repair/repainting of individual/part gutters/pipes.

 

Other: eg flashings, rooflights. Replacement of all/substantially all on existing roof.

Repair/replacement/cleaning of individual items.

Pitched

 

Repair/replacement of small parts of an existing structure.

 

Structure: Replacement of all or substantial part of an existing structure to prevent imminent or correct actual major failure of the structure.

Replace/repair small areas of rotten/defective joists, rafts, purlins etc. Not complete trusses.

 

Repair/replacement/increasing thickness of insulation in an existing roof.

 

Insulation: Replacement/repair of substantially all. Improve insulation to current standards.

 
 

Roof finish: replacement of all/ substantially all on existing roof.

Replace missing/damaged.

 

Bargeboards/Fascias: replacement of all/substantially all on existing roof.

Repairs/replacement/repainting.

Clearing out gutters and downpipes. Replacement/repairs of individual pipes/gutters.

 

Drainage: Replacement of all/ substantially all on existing roof.

 

 

Other: eg flashings, roof windows, replacement of all/ substantially all on existing roof.

Repair/replacement/cleaning.

Other

Minor repairs, maintenance to existing covered link.

 

Rebuild or substantially repair structure of existing covered link.

 

 

 

Minor repairs, maintenance to existing.

 

Rebuild or substantially repair structure of existing porch.

 

Floors

 

 

Ground floor

 

Repair/replacement of small parts of an existing structure.

 

Structure and dpc: Replacement of all or substantial part of an existing structure to prevent imminent or correct actual major failure of the structure.

 

 

Screed replacement of all/ substantially all on existing floor.

Replacement and repair of screed and finishes/replacement mats/matwells. Maintenance, eg revarnishing wooden floors.

Upper floor

Structure as ground floor.

As ground floor.

 

Screed and finish – as ground floor.

Repairs of finishes/replacement – as ground floor.

Ceilings

 

 

Top/only floor

Suspension

Repair/replacement including from water damage and necessary decoration.

 

Membrane

 

 

Fixed

Repair/replacement including from water damage.

 

Access Panels

Repair/replacement.

Lower Storeys

Suspension

Repair/replacement.

 

Membrane

 

 

Fixed

Repair/replacement.

All

Specialist removal/replacement of damaged/disturbed asbestos-based materials, planned or emergency.

Inspection, air testing for asbestos. Applying sealant coats to asbestos surfaces for protection.

External Walls

 

 

Masonry/ cladding

Repairs. Preventive measures, eg tree removal.

Repair/replacement of small parts of an existing structure, eg repointing/ recladding a proportion of a wall where failure has occurred.

 

External finish on existing build where needed to prevent imminent or correct actual major failure of the structure, eg repointing/recladding work affecting most of a building/ replacement build.

 

Windows and doors

 

Repair/replacement of individual windows. Repainting frames.

 

Framing – structural replacement programme.

 

All

Glazing

Replacing broken glass.

Repair/replacement. Upgrading to meet statutory health and safety requirements.

Repair/replacement upgrading locks etc.

 

Jointing including mastic joints

 

 

 

Internal and external decoration to include cleaning down and preparation.

Masonry chimneys

Structure

 

 

Jointing including expansion and mortar joints/pointing/dpc.

Repair and repointing.

Internal walls

 

 

Solid

Complete including various internal finishes, linings and decorations.

Repairs and redecoration to internal plaster/linings tiles, pin boards etc.

Partitions

 

Repairs and redecoration.

Doors and Screens

 

Internal maintenance and redecoration. Repair/replacement of defective doors and screens.

Sanitary Services

 

 

Lavatories

 

Repair/replacement of damaged sanitary ware, fittings, waste plumbing etc.

Small areas of refurbishment.

Repair/replacement of damaged fittings, waste plumbing etc.

Kitchens

 

Maintain kitchen to requirements of LA.

Cleaning out drainage.

Redecoration.

 

General refurbishment.

Repairs.

Mechanical services

 

 

Heating/hot water

 

General maintenance of all boiler house plant, including replacement of defective parts. Regular cleaning. Energy saving projects.

 

Safe removal of old/damaged asbestos boiler and pipework insulation, where risk to health and safety.

Monitoring systems
Health and safety issues.

 

Planned replacement of old boiler/controls systems past the end of their useful life.

Replacement of defective parts.

 

Emergency replacement of boiler/plant systems.

 

Cold water

Provision of cold water services, storage tanks, distribution, boosters, hose reels etc in major projects.

Maintenance and repair/replacement of defective parts such as servicing pipes. Annual servicing of cold water tanks.

Gas

Distribution on new and major refurbishments, terminal units.

Repairs, maintenance and gas safety. All servicing.

Ventilation

 

Provision of local ventilation. Repair/replacement of defective systems and units.

Other

 

Repair/replacement of parts to plant, pumps and controls. Water treatment equipment and all distribution pipework. Simple heat recovery systems. Solar heating plant and equipment.

Electrical services

 

 

General

 

Testing/replacement of distribution boards. The repair and maintenance of all switchgear and interconnecting cables including that in temporary buildings.

 

Replacement of obsolete and dangerous wiring systems, including distribution boards.

All testing, earthing and bonding to meet health and safety requirements. All servicing.

Power

Control gear, distribution, fixed equipment, protection etc.

All testing, repair and replacement of small items of equipment.

Lighting

 

Replacement of luminaries, all testing, adjustments and improvements to emergency lighting.

Other

 

Repair/replacement of lightning protection.

Repair and maintenance of alarm systems, CCTV, lifts, hoists etc.

Repair/replacement of communication systems, maintenance including all door access systems.

External Works

   

Pavings

 

Maintenance and repair of car park and playground markings.

Miscellaneous

 

Maintenance and repair of all perimeter/boundary/retaining walls, fencing and gates.

Drainage

 

Maintenance and repair of drains, gullies, grease traps and manholes between buildings and main sewers. Cleaning of the above and unblocking as necessary.

Open air pools

 

Hygiene, cleaning, maintenance and repairs, including replacement parts. Simple energy saving systems.

Services distribution

Heating mains, gas mains, water mains, electricity mains, renewal of any of above.

Annual servicing of heating, gas, water and electricity mains

Upkeep of grounds

 

Maintenance of mature trees.

All

Vandalism reinstatement to any of above.

Vandalism reinstatement to any of above.

Temporary buildings

All repairs identified above.

 

Demolition

Taking down, removal and clearing sites or buildings, including sealing off drains and services

All repairs identified above.


Notes:


Voluntary aided schools

1. Fair Funding does not change the existing split of responsibilities in relation to VA, except for schools that need not delegate responsibility for maintaining kitchens. Split of responsibility in relation to kitchens is as detailed in the above schedule.

2. This schedule should be read in conjunction with Property Handbook, volume two, Schedule of Maintenance Responsibilities, which was produced in separate volumes for all schools and VA schools. Existing responsibilities delegated as part of LMS are additional to the above areas.

3. Delegated work, undertaken as an integral part of a capital project, would normally be deemed to be a County Council responsibility.

4. This schedule does not include new build, improvements and alterations to buildings, which are the responsibility of the Education Committee.

Appendix A2 - Current Legislation applicable to Repair and Maintenance

The following lists the main aspects of current health and safety legislation that schools must comply with when organising work.

 

Agriculture (Avoidance of Accidents to Children) Regulations 1958

Asbestos (Licensing) Regulations 1983

 

Building Act 1984

Building Regulations 1991

 

Construction Act 1998

Confined Spaces Regulations 1997

Construction (Design and Management) Regulations 1994

Construction (Head Protection) Regulations 1989

Construction (Health, Safety and Welfare) Regulations 1996

Construction (Lifting Operations) Regulations 1961

Construction Products Regulations 1991

Control of Asbestos at Work Regulations 1987

Control of Asbestos at Work (Amendment) Regulations 1992

Control of Asbestos in the Air Regulations 1990

Control of Lead at Work Regulations 1998

Control of Pesticides Regulations 1986

Control of Pollution Act 1974

Control of Substances Hazardous to Health Regulations 1994

Control of Substances Hazardous to Health (Amendment) Regulations 1996

Control of Substances Hazardous to Health (Amendment) Regulations 1997

Controlled Waste Regulations 1992

Controlled Waste (Amendment) Regulations 1993

 

DfEE Constructional Standards for School Building Projects

DfEE Design Bulletin No 7

Disability Discrimination Act 1995

 

Electrical Equipment (Safety) Regulations 1994

Electricity at Work Regulations 1989

Environmental Protection (Duty of Care) Regulations 1991

 

Fire Certificates (Special Premises) Regulations 1976

Fire Precautions Act 1971

Fire Precautions (Workplace) Regulations 1997

 


Gas Appliances (Safety) Regulations 1992

Gas Safety Regulations 1972

Gas Safety (Installation and Use) Regulations 1994

Gas Safety (Installation and Use) (Amendment) Regulations 1996

Gas Safety (Management) Regulations 1996

 

Health and Safety at Work, etc Act 1974

Health and Safety (First-Aid) Regulations 1981

Health and Safety (Safety Signs and Signals) Regulations 1996

Health and Safety (Young Persons) Regulations 1997

Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972

 

Late Payment of Commercial Debts (Interest) Act 1998

Lifts Regulations 1997

Lifting Operations and Lifting Equipment Regulations 1998

 

Management of Health and Safety at Work Regulations 1992

Management of Health and Safety at Work (Amendment) Regulations 1994

Manual Handling Operations Regulations 1992

 

Noise at Work Regulations 1989

Notification of Cooling Towers and Evaporative Condensers Regulations 1992

 

Party Wall Act 1996

Personal Protective Equipment at Work Regulations 1992

Pressure Systems and Transportable Gas Container Regulations 1989

Provision and Use of Work Equipment Regulations 1998

 

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

 

Simple Pressure Vessels (Safety) Regulations 1991

Special Waste Regulations 1996

Special Waste (Amendment) Regulations 1996

Special Waste (Amendment) Regulations 1997

 

Town and Country Planning Acts

 

Waste Management Regulations 1996

Workplace (Health, Safety and Welfare) Regulations 1992