Hampshire School Organisation Committee Item 6

16 December, 2003

A Consultation Document on Changes to Plans required of Local Education Authorities

Report of the Secretary and Legal Adviser to the Committee

Contacts: Karen Widdowson. 01962 847334, e-mail: [email protected]

Louise Read 01962 847344, e.mail: [email protected]

1 Summary

1.1 The Department for Education and Skills (DfES) is consulting on a draft Regulatory Reform Order (RRO) about the plans required of local education authorities (LEAs). The order will list existing planning requirements and introduce the Single Education Plan (SEP), which is designed to help LEAs to be more effective and to reduce bureaucracy.

1.2 The consultation period ends on Friday, 6 February, 2004 and the School Organisation Committee is a statutory consultee. This report highlights the implication for the SOC in respect of the consultation document (which is attached at Appendix I).

2 Consultation on the rationalisation of plans required of LEAs

2.1 The consultation paper sets out in detail the Government's proposals for reforming the legislation governing plans required by the DfES of LEAs and for introducing the SEP.

2.2 These proposals will affect LEAs by reducing DfES requirements concerning planning. LEAs will continue to plan, but would not submit their detailed plans to the DfES as they are currently required to do in some cases. The SEP will provide a strategic overarching direction to an LEA's performance.

2.3 The changes are needed to enable LEAs to plan more effectively, whilst still taking account of national education priorities. They will also help to reduce bureaucracy and duplication for LEAs and it is expected that they will benefit schools by reducing LEA demands on schools. They are consistent with DfES core principles of system wide reform and specifically with the emphasis on showing how initiatives link together.

2.4 The broad policy purpose behind the proposals is to increase LEA effectiveness and reduce bureaucracy. Removing requirements for plans will mean that LEA plans can reflect local circumstances more easily and will enable LEAs to focus on their core responsibilities.

2.5 The DfES proposes to introduce the reform by means of a RRO under the Regulatory Reform Act 2001 (2001 Act). The consultation is being conducted in accordance with the provisions of Section 5 of the 2001 Act. Views are invited on all aspects of the consultation paper and the DfES specific questions are set out at Appendix II.

3 The School Organisation Plan

3.1 The implication of these proposals for the SOC relates to the School Organisation Plan (SOP). The SOC currently approves the SOP and this will no longer be the subject of requirement when legislation concerning the SOP is repealed. In addition, groups on the SOC would lose the ability to force it to refer the draft SOP to the adjudicator. The consultation paper refers to the fact that LEAs are now accustomed to operational planning and the DfES expects LEAs to continue with it. The consultation paper also confirms that the proposed new regime will ensure that the protections currently in place are maintained as far as necessary e.g. Ofsted inspections etc (see paragraph 15 of the consultation document). LEAs will continue to be required to make proposals to establish, discontinue and make alterations to schools that it maintains, and such proposals will still be considered by the SOC. The SEP will contain high level references to school organisation planning and will be subject to consultation with the SOC. It will be published and made widely available.

3.2 Currently, the SOP is the foundation document which forms the basis for SOC decision making in relation to individual school re-organisation proposals. Where appropriate, the Proposer is able to link the individual proposal to the SOP, which was agreed by the SOC. Although the SOC will be consulted on the SEP, it will not have any power to alter the SOP. If therefore the SOC disagrees with an aspect of the SEP, individual proposals linked to that aspect may become the subject of significant debate by the SOC.

RECOMMENDATION:

1 That the Committee note this report.

2 That the Committee decide whether it should respond to the DfES.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1 Published works.

2 Documents which disclosure exempt or confidential information as defined in the Act.

None.