Contacts:

Louise Read (Senior Solicitor, Chief Executive's Department); Telephone 01962 847344; e-mail: [email protected]

Ian Lawson (School Organisation Officer, Children's Services Department); Telephone 01962 846350; e-mail: [email protected]

1 Summary

1.1 The following decision is sought:

That the Executive Member for Education recommends that the Cabinet approve the following:

a) That in accordance with the County Council's constitution the Director of Children's Services is authorised to:

(i) undertake local consultations and to publish statutory proposals relating to enlargements of existing schools; and

(ii) undertake local consultations and to publish public notices inviting proposals for the establishment of new schools (this would include authorisation, where the Director thinks it appropriate, to seek the approval of the Secretary of State to publish statutory proposals to establish a new school outside of a competition),

where the proposals are named in an approved capital programme.

b) That all other proposals by the local authority for the reorganisation of schools, including amalgamations and closures, and other "prescribed alterations", should be considered by the Executive Member for Education prior to a decision by the Executive Member regarding the undertaking of formal consultations in respect of the proposals.

c) That, except where the governing body of the school involved in the proposed closure give their general support to the proposal (the applicability of this exception to be determined by the Executive Member for Education), the outcome of any consultations in relation to (b) above which involve the proposed closure of a school be considered by the Cabinet. Following such consideration, the Cabinet shall determine whether to publish statutory proposals.

d) That the outcome of all other consultations in relation to (b) above be considered by the Executive Member for Education prior to a decision by the Executive Member regarding the publication of statutory proposals or, where applicable, the publication of a public notice inviting proposals for the establishment of a new school.

e) The above provisions in (a), (c) and (d) are subject to the requirement that where the consultations undertaken incorporated linked proposals:

(i) if at least one of the linked proposals consulted about falls to be considered by the Cabinet under recommendation (c) above, the Cabinet shall consider all the linked proposals and determine whether to publish notices in respect of them; and

(ii) if at least one of the linked proposals consulted about falls to be considered by the Executive Member for Education under recommendation (d) above, with no proposals falling to be considered by the Cabinet, the Executive Member for Education shall consider all the linked proposals and determine whether to publish notices in respect of them.

f) That the existing arrangements in accordance with the County Council's constitution and current practice continue whereby the Director of Children's Services is authorised to determine all proposals that fall to the County Council to decide, where no objections have been received in response to the published statutory proposals (or have subsequently been withdrawn), except where these relate to a new school competition or a school closure proposed by the County Council.

g) That, except for those proposals in respect of which no objections have been received (or where all objections made have subsequently been withdrawn), the Cabinet shall determine all proposals made by the County Council involving a school closure that fall to the County Council to decide.

h) That the decision on all other proposals that fall to the County Council to decide be made by the Executive Member for Education.

i) The above provisions in (f), (g) and (h) are subject to the requirement that where linked statutory proposals all fall to be determined by the County Council:

(i) if at least one of the statutory proposals falls to be determined by the Cabinet, the Cabinet shall determine all the linked proposals; and

(ii) if at least one of the statutory proposals falls to be determined by the Executive Member for Education, with no proposals falling to be determined by the Cabinet, the Executive Member for Education shall determine all the linked proposals.

j) That Hampshire County Council shall only enter its own proposals into a new school competition where:

(i) no other bids have been received before the close of the competition; or

(ii) in consultation with the Executive Member, the Director of Children's Services considers that there is good reason to do so,

In either case the Director of Children's Services be authorised to submit a bid on behalf of the County Council

k) That where a new school competition is being held, the Director of Children's Services is authorised to seek the approval of the Secretary of State for any bid that is submitted by the County Council in accordance with (j) above to be for a community school.

l) That discussions with diocesan bodies should continue, in relation to the identification of new schools in new areas of major housing development where the provision of a voluntary aided school would be appropriate to secure diversity of provision and that, in such situations as he considers appropriate, the Director of Children's Services be authorised to support any request made by the diocesan body to secure the Secretary of State's consent to publish statutory proposals without the need for a new school competition.

2 Reason

2.1 The proposals are expected to support of the County Council's corporate priorities to maximise wellbeing and enhance the quality of place, by providing an appropriate framework for decisions that satisfy the local authority's duty to promote choice and diversity in school provision by securing good quality and sufficient provision in the localities served.

2.2 The decision supports the following Aims of the Children Act:

Being healthy - as the location of schools within the communities they serve, thereby reducing the need for parents to transport their children by car, is a factor that is taken into account when school organisation proposals are made and approved.

Staying safe - by providing that children have access to a secure learning environment

Enjoying and achieving - by securing the provision of facilities to support a high standard of education .

Making a positive contribution - as the role of schools in their communities is a factor that will be taken into account in the decision making process.

Economic well-being - by ensuring that all proposals are beneficial to the children and communities that they serve.

3 Other Options considered and rejected:

3.1 These proposals aim to make an appropriate response to new legislation in the context of the County Council's constitution. Any alternative, including the retention of a School Organisation Committee, would require significant changes to the constitution.

4 Conflicts of Interest declared by the decision maker or other Executive Member consulted

4.1 None.

5 Dispensation granted by the Standards Committee -

5.1 None.

6 Reason(s) for the matter being dealt with if urgent -

6.1 Not applicable

Approved by: Date:
Councillor T.K. Thornber, C.B.E. - Chairman