Archived decisions

Contacts:

Karen Widdowson, Secretary to Hampshire School Organisation Committee, Tel 01962 847334 e-mail: [email protected]

Louise Read, Legal Adviser to Hampshire School Organisation Committee, Tel 01962 847344 e-mail: [email protected]

1. Summary

1.1 This report sets out various proposed revisions to the constitution of the Committee. These suggested amendments have been prompted by legislative changes and other requirements, requests by two schools for the Committee to undertake site inspections and a complaint regarding the late arrival of a Committee member at a meeting. In addition, amendments have been suggested regarding Paragraphs 10 and 11 (modifications and conditions) in the interests of simplifying these procedures.

1.2 A copy of the constitution showing the proposed revisions is attached.

2.

Site Inspections of Schools Involved in Proposed Re-organisations

2.1 In the last four years, the Committee has received requests from two schools involved in proposed re-organisations. There is currently no provision in the Committee's constitution regarding the issue of site inspections and both requests were rejected. It is recommended that the Committee's constitution be amended to address the issue of site inspections.

2.2 There is no legal requirement upon SOCs to undertake site inspections. The DfES' "Decision Makers Guidance" briefly refers to the issue of site inspections indicating that it is for the Committee to decide whether to conduct a site visit. The Guidance provides that -

"In some circumstances, the SOC may wish to seek clarification or further evidence or carry out a site visit to see the site, location and area of the proposals. The SOC must ensure that, where new information is obtained, or new points are raised, that could influence the decision, the proposers, or others with a key interest, are given the opportunity to comment. Where a site visit is made, it is important to ensure that this does not provide an opportunity or unfair advantage, to one party."

2.2 Following a request from the former Chairman, in April 2005 the Secretary to the Committee conducted research into the practices of other School Organisation Committees in relation to visiting schools before or after any decisions are made on re-organisation proposals.

2.3 Sixty-four SOCs responded to the research questions. Forty-nine SOCs do not conduct site visits and fifteen SOCs conduct some form of visit. The differing practices undertaken by those fifteen SOCs highlighted the complicated issues that arise in connection with visiting schools involved in proposed re-organisations. Such issues include:

· When the Committee would want to undertake a site inspection e.g. who can request that a visit be made and in what circumstances;

· The need for one visit, as opposed to multiple visits, to be made by the Committee so that members are provided with the same information. This requirement leads to issues about member availability for the visit;

· What information should be provided to members prior to the inspection, and by whom;

· Who should accompany the Committee during the inspection;

· The code of conduct for members whilst attending a site inspection, in particular with regard to any lobbying that may be done by the parties involved in the proposed re-organisation and/or members of the public; and

· The cost of undertaking site inspections;

2.4 At that time, the Secretary of the Committee also corresponded with a DfES official regarding this issue. The official indicated that the DfES' view is that SOCs should be cautious about undertaking site inspections due to the difficulty of all SOC members being able to participate and the potential challenge if only a few members were present. This advice pre-dated the current Guidance (set out in paragraph 2.2 above) but raises an issue which is equally relevant.

2.5 Further to discussions with the former Chairman and Vice-Chairman of the Committee, it is proposed that the Hampshire SOC includes in its constitution at Paragraph 5.7 the following wording:

"The Committee shall not normally undertake site inspections in relation to any matter being considered by the Committee. If a member has visited a school which is linked to a statutory proposal being considered by the Committee, he or she must consider, in accordance with paragraph 2.3.2, whether it is necessary to declare an interest and withdraw from the meeting."

2.6 This wording does allow for the Committee to consider the issue of a site inspection in respect of a particular proposal. If the Committee decided exceptionally to undertake an inspection, consideration of the proposal would have to be adjourned to a later meeting and the issues relating to site inspections set out above would have to be determined by the Committee.

3. Late Arrivals at Meetings

3.1 Further to the Secretary of the Committee receiving a complaint from a governor of a school involved in a proposed re-organisation, the issue of the late arrival of members at meetings was considered by the former Chairman of the Committee. This issue is not currently addressed by the Committee's constitution.

3.2 The former Chairman considered that procedural fairness requires that a member who has arrived late at a meeting and has missed any part of the proceedings in relation to a particular matter to be decided by the Committee, should not vote in respect of that matter.

3.3 It is therefore proposed that the Hampshire SOC includes in its constitution at Paragraph 5.4 the following wording:

"In respect of each question or other recommendation to be decided, a member must be present at all stages of the decision making process in order to be able to vote on the matter. For the avoidance of doubt, the decision making process includes any deputation relevant to the matter to be decided and, if applicable, the entire period of time that the member's Group convenes, in accordance with paragraph 9.2(g), to consider how and whether to cast its single vote."

4. Modifications and Conditions

4.1 Paragraphs 10 and 11 of the Committee's constitution currently deal with the Committee's ability to modify the substance of statutory proposals or attach conditions to the approval of proposals.

4.2 In respect of Paragraph 10 (Modifications), it is proposed to remove some of the wording in Paragraph 10.6 which is repetitive of Paragraph 9.2 and to substitute wording which refers to the procedure set out in Paragraph 9.2.

4.3 In respect of Paragraph 11 (Conditions), the constitution currently provides that where a member of the Committee proposes that a condition be attached to the approval of a statutory proposal, the Committee shall give the Proposer of the statutory proposal the opportunity to comment on the condition. This may result in the meeting having to be adjourned if the Proposer is not present at the meeting.

4.4 The Committee is not legally required to consult with any person regarding a proposed condition. However, in the interests of fairness, it is recommended that if the Proposer of the statutory proposal is present at the meeting, the Committee should give the Proposer the opportunity to comment on the condition in question. It is however recommended that, if the Proposer is not present at the meeting, it is unnecessary to adjourn for this purpose.

4.5 It is therefore suggested that the Hampshire SOC includes in its constitution at Paragraph 11.4 the following wording:

"If the Proposer is present at the meeting, the Committee shall give the Proposer the opportunity of commenting on the proposed condition prior to the Committee voting on the proposal. Having listened to the Proposer's comments, if any, the Committee shall adjourn for the Groups to consider how to cast their single votes on the proposal (in accordance with the procedure set out in paragraph 9.2 above)."

5. Legislative Requirements

5.1 Further to The Education (School Organisation Proposals) (Miscellaneous Amendments) (England) Regulations 2004, the law changed in relation to the composition of the Schools Group on the Committee. This change was reported to the Committee at its last meeting on 4 February 2005. Various paragraphs of the constitution require amendment in order accurately to reflect the current legal requirements relating to the composition of the Schools Group. These amendments are set out in the revised constitution attached.

5.2 Further to The Education (New Secondary School Proposals) (England) Regulations 2006, paragraph 9 of the constitution requires amendment with regard to proposals involving secondary school competitions. These amendments are set out in paragraph 9.2(k) in the revised constitution attached.

5.3 The Education (School Organisation Proposals) (England) (Amendment) Regulations 2003 restricted the circumstances in which the Committee may choose to refer a proposal to the Adjudicator. This restriction is reproduced in the final sentence of paragraph 8.7 in the revised constitution attached. Also set out in paragraph 8.7 is the DfES' guidance (from the "Decision Makers Guidance") that where the majority/equal number of those in a Group have a personal interest in the matter to be decided, and therefore have to abstain from voting within the Group, the Group as a whole should be regarded as having an interest and abstain. Although this is not statutory guidance, in the interests of fairness, it is recommended that the Committee adopt this approach.

5.4 Amendments to the Schedule reflect the requirement, in specified circumstances, to publish a statutory proposal in order to close one site of a multi-sited school and the repeal of the requirement for an LEA to produce a School Organisation Plan.

6. Miscellaneous Amendments

6.1 There are a number of miscellaneous amendments suggested primarily in order to clarify existing provisions. The most significant of these are:

6.1.1 paragraph 8.8 which now confirms that the Committee can defer making a decision on a statutory proposal providing the Groups agree unanimously to do so. However, for the Committee's information, the proposer has the right to request that the proposal be referred to the Adjudicator and this must be complied with if the specified period of time has elapsed (as specified in regulations). Also, as set out in the revised paragraph 9.2(k) in regard to secondary school competitions, the proposals must be referred to the Adjudicator if the Committee fails to make a decision within 2 months of receiving the proposals from the Local Education Authority.

6.1.2 paragraph 9.2(g) which now confirms the current practice that Group deliberations are held in private i.e. not open to the public or press.

7. Recommendations

7.1 That the Committee agrees to amend the constitution in accordance with the recommendations set out in Paragraphs 2, 3, 4, 5 and 6 above and the revised constitution attached.