Contact: Janet Sheriton, 01962 845706, [email protected]

1 Introductory Summary

1.1 Central government consultation on the introduction of a statutory framework regulating the setting up and operation of Management Committees (MCs) in Pupil Referral Units (PRUs) ended on 14 March 2007.

1.2 The government consulted on an implementation timescale requiring newly constituted MCs to be in place by 3 September 2007. Latest information from the DfES suggests that this will be put back to 1 November 2007. This report makes recommendations to the Executive Member (Education) which would enable either timescale to be met if necessary.

1.3 Pupil Referral Units and their Management Committees link to corporate priorities One and Two. Operating effectively and in partnerships with their local schools PRUs help to maintain some of our most challenging youngsters in education and training. This not only contributes to maximising individual pupil well being but helps to make Hampshire safer and more secure for all.

2 Recommendations

That subject to Regulations the Executive Member (Education) delegates to:

(a) the Director of Children's Services the authority:-

· To establish a Management Committee for each PRU;

· To consult with existing PRU Management Committees, determine the constitution model, draw up and make an Instrument of Government for each PRU;

· To invite expressions of interest in filling LA or community vacancies from existing members of MCs, school staff, governing bodies and other interested parties;

· To appoint LA members of the Management Committee on the nomination of the Executive Member (Education) who will consult with County Councillors in the electoral divisions normally served by the PRU;

· To appoint community members to the first Management Committees;

· To remove LA appointed members from office for good reason where the Management Committee having considered the matter so recommends. Appeals against removal will be heard by a panel of elected members convened by the Executive Member (Education);

· To offer further briefing to the Executive Member (Education) when the government clarifies its intention in respect of the future legal status of PRUs and the financial and personnel responsibilities of Management Committees;

(b) The Head of Centre of Pupil Referral Units

· The conduct of staff and parent member elections in accordance with guidance.

3 Background

3.1 Hampshire currently has seven Education Centres operating under PRU Regulations. All of these have MCs although in some cases current membership is sparse. The maintenance of membership, mode of operation, frequency of meetings and topics for discussion has largely been a matter for local determination most commonly by the Centre Manager. The contribution made by MCs to the governance of PRUs in Hampshire is reported by Heads of Centre to be variable.

4 Government Proposals

4.1 The School Governance (Pupil Referral Units) (England) Regulations 2007 had a proposed timetable to come into force on 1 May 2007. Latest information from the DfES suggests this will now be later in the Summer term. They will make it mandatory for local authorities to establish MCs for their PRUs by 1 November 2007. The Regulations and the associated guidance to which the LA must have regard will also set out the role of MCs and define their membership. They will advise that representatives of local schools (headteachers and members of the governing body, for example) have a place on the MC. The implementation timetable to meet the Government's proposed timeline is shown in Appendix 1. Proposed categories of members are in Appendix 2. The size of MCs, the number of PRUs each will cover, the constitution and the appointment of LA and community members is a matter for the LA to determine in the first instance. Recommendations are made in relation to each of these matters.

4.2 For PRUs the local schools are their biggest "client" group. Nationally by September 2007 all secondary schools should be working in Education Inclusion Partnerships to improve behaviour and attendance with the aim of addressing behavioural problems before they reach the stage when an exclusion is needed. PRUs and their MCs will have an important role to play in helping school partnerships identify alternative provision for their pupils and to achieve their goals. It is proposed therefore that each PRU in Hampshire should continue to have its own MC rather than having one MC for a number of PRUs.

4.3 The proposed roles and responsibilities of Management Committees are less clear in the consultation documents than some other matters. Draft Regulation 23 which covers the delegation of functions to the MC contains no detail and notes that this is subject to further consultation although it is not clear with whom. The draft guidance states

Roles and responsibilities of Management Committees - Most of the responsibilities relating to PRUs are currently held by LAs although some of them are delegated to teachers in charge. Management committees are expected to handle most of these responsibilities after 2007. A list of functions is at Annex D(attached).

Annex D, which is shown as Appendix 3, is a list of policies. It does not make clear whether there is any expectation that finance and personnel matters are to be delegated to MCs.

5 Consultation

5.1 Discussions have been held with Area Directors (E & I), Inclusion Managers and Heads of Centre of Hampshire PRUs and these discussions have informed this paper and its recommendations. Should the government proceed to implementation it will be necessary to consult further with Heads of Centres and existing MC members in relation to the constitutional model to be adopted and the appointment of members. Continuity with existing arrangements will be an important consideration.

6 Legal implications

6.1 Currently the LA is "the responsible authority" in respect of all PRUs and it is not possible to delegate budget and personnel responsibilities to MCs (by virtue of Section 101 of the Local Government Act 1972). The consultation documentation leaves unclear whether or not this will remain the case. The County Council will also want to satisfy itself that if PRUs are to operate with increased autonomy that responsibility for making provision for all children is secured and no child will be left out.

7 Financial implications

7.1 It remains unclear whether MCs will operate with formally delegated budgets. The budget for PRUs is a part of the central expenditure within the Schools Budget. Increases in central expenditure are subject to a limit, which requires formal Schools Forum approval to exceed. Delegation of budgets to management committees may impact on these current DfES arrangements for schools funding. It will be key to understand how the DfES intends to address the broader issues for schools funding if it does progress with delegation.

In any event if MCs are given functions to fulfil without formal delegated budgets care will be needed to ensure that decisions are not made that have unplanned for budgetary impact.

7.2 If the consultation proposals are proceeded with there will be set up costs in the first year and maintenance costs beyond that. Wherever possible existing school governance paperwork, procedures and IT systems will be adapted. Administration of Instruments of Government and membership will be alongside those for school governing bodies. Advice, support and core training programmes will be adapted to meet the needs of MC members as necessary. Costs will be covered in 07/08 by realigning the Governor Service core budget to meet this priority which is being tentatively estimated at £5000.

7.3 Each MC will need a clerk and the cost of this will need to be met from each PRU budget or top sliced against an SLA unless the service is provided internally by the PRU. For a basic service supplied by LA this would be £1140 in 07/08 for each PRU.

7.4 MCs will need to be given the same access to an Extension Training programme as school governing bodies on a "full access" or "pay-as-you-go" basis. These costs would need to be met by the PRUs or top sliced against an SLA.

8 Personnel implications

8.1 It is unclear at this stage whether MCs will have delegated personnel functions. Currently PRUs operate within the personnel practice and procedures of the County Council rather than those which are followed by schools. Whether personnel functions are delegated to MCs or remain with the County Council, PRUs will become more closely entwined with schools including most likely school governor and headteacher members of MCs. Personnel practice, advice and support is likely over time to need to align more closely to that with which schools and their governing bodies are familiar.

9 Impact assessment

9.1 Race and equality impact assessment has been considered in the development of this report and no adverse impact has been identified.

10 Crime prevention issues

10.1 Effectively governed PRUs working in partnership with local schools will address pupil disaffection making appropriate provision for all young people. Reductions in exclusions and improvements in attendance will reduce the numbers of young people roaming the streets.

11 Views of the Local County Councillor

11.1 Following discussion with the Executive Member (Education) views were sought from education lead members of the Labour and Liberal Democrat Groups. Some scepticism was expressed about the willingness of parents of current pupils attending a PRU to fill parent positions. It will consequently be important for guidance to the Teachers in Charge and MCs to make clear that appointments can and should be made from the broad constituency of parents where vacancies would otherwise exist. Feedback was also very positive about the contribution that current mainstream Heads are making to some MCs and the opportunity to see that become common place across all MCs was welcomed.

12 Conclusion

12.1 These government proposals if proceeded with bring MCs within a regulatory framework similar to that for school governing bodies. The proposed timetable for implementation will be challenging. The proposed arrangements fit well with the County Council's policy of local decision making and the development of education improvement partnerships.

Section 100 D - Local Government Act 1972 - background documents

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

NB: the list excludes

1. Published works

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

NONE