Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

EXECUTIVE SUMMARY

1) Summary of Decision Area:

1.1. The Executive Lead Member for Children's Services (Education) agreed at his Decision Day on 22 May 2008 that the `hybrid' Pupil Referral Unit (PRU) known as Basingstoke School Plus should be divided into two PRUs from September 2008, one to serve the needs of permanently excluded pupils in the wider Basingstoke area and the other for pupils with statement of special educational needs (SEN) for behavioural, emotional and social difficulties (BESD) who live in the north of the county. He further agreed to instigate a consultation process seeking views on converting the latter into a secondary special school for 63 boys and girls with BESD with effect from September 2010, in line with the county strategy for BESD.

1.2. The `hybrid PRU' has now been separated and there are two separate PRUs operating in Basingstoke. The PRU catering for permanently excluded pupils is now known as the Ashwood Centre and the PRU catering for pupils with statements of SEN for BESD has been renamed Grangeside.

1.3. In accordance with Section 9 of the Education and Inspection Act 2006, a consultation has now taken place with interested parties on the proposal to convert Grangeside PRU into a secondary special school catering for both boys and girls aged 11 to 16. All but one of the responses are in favour of the proposals, the only other sought clarification but did not express any concerns.

1.4. This report therefore seeks the Executive Lead Member's agreement that a `competition notice' be published inviting interested parties to bid to establish and run the new school.

2) Issues Covered in Report:

2.1. A report back on the consultation process over the future of Grangeside PRU initiated following the Lead Executive Member's decision in May of this year.

2.2. The initiating of a "competition" process inviting proposals from other potential providers to establish and run a new special school catering for secondary-aged pupils with BESD in the north of the county and the consequent closure of Grangeside PRU. This will be the first such "competition" in Hampshire. The proposal is in line with DCSF guidance that PRUs should not cater long-term or permanently for pupils if a special school place is what they need.

3) Recommendations:

That the Executive Lead Member for Children's Services (Education):

3.1. notes the consultation responses and approves the publication of a competition notice under Section 7 of the Education and Inspections Act 2006 inviting interested parties to bid to establish and run a new secondary special school for 63 pupils (both boys and girls) with a statement of SEN for BESD on the Pack Lane site in Basingstoke, with effect from September 2010

3.2. agrees, in the event that approval is ultimately given to open the new special school, to the closure of Grangeside PRU in August 2010.

MAIN REPORT

1) Purpose of the Report:

1.1. To report back on a public consultation over the future of Grangeside PRU and to seek approval to the publishing of a `competition' notice inviting interested parties to establish and run a special school catering for secondary-aged pupils with BESD in the north of the county.

2) Contextual Information:

2.1. The hybrid PRU previously known as Basingstoke School Plus was established in 2004 as an amalgamation of Hawthorns, a secondary special school catering for boys and girls with BESD and the PRU that was known, at that time, as the Ashwood Centre. The new establishment was always intended to be subject to review and following agreement from the Executive Lead Member in May of this year, the hybrid PRU has now been redivided into two PRUs, the Ashwood Centre which caters for permanently excluded pupils in the wider Basingstoke area and Grangeside PRU which caters for pupils who, in other areas of the county, would have a place in a secondary BESD special school. The Executive Lead Member further agreed to instigate a consultation process seeking views on converting Grangeside PRU into a special school.

2.2. In effect Grangeside PRU is already functioning as a special school with the great majority of pupils remaining in the establishment until the end of their statutory schooling. Many of the pupils join at the point of secondary transfer directly from Wolverdene, the primary BESD special school in Andover. If Grangeside PRU is converted into a special school, all of the pupils in Years 7-10 at the PRU at the time would be expected to transfer to the new school.

2.3. Grangeside PRU is currently managed by an Acting Headteacher, who is also the headteacher of Lakeside School, a secondary BESD special school based in Chandler's Ford. The Governing Body of Lakeside has agreed in principle that their headteacher can continue in the role of Acting Headteacher until a new school opens.

3) Key Issues:

3.1. In 2007, the DfES (now DCSF) issued guidance for local authorities and other proposers on "Planning and Developing Special Educational Provision". The guidance notes that pupils displaced as a result of the closure of a BESD special school should not be placed long-term or permanently in a PRU if a special school place is what they need as PRUs are intended primarily for pupils who have been excluded.

3.2. "Planning and Developing Special Educational Provision" states that when LAs are planning changes to their existing SEN provision they need to demonstrate that the changes will lead to likely improvements in provision.

3.3. If approval is given, the opening of a new school will entail a competition process which will be the first such competition in Hampshire and one of the first nationally for a special school.

3.4. At an appropriate stage, the County Council will need to decide whether to submit its own proposals as part of the competition.

4) Consultation

4.1. Following agreement by the Executive Lead Member, letters were sent from the local authority to parents of children attending and staff of Grangeside PRU and a number of other interested parties, as required by the regulations, seeking views on the proposal to convert the PRU into a BESD special school. An example of one of the letters and a proforma that was enclosed with it, are attached as Appendices A and B.

4.2. A total of 17 written responses and one verbal comment have been received including three from local County Councillors (see Section 13 below) and one from Basingstoke and Deane Borough Council (see Appendix C). Sixteen are in favour of the proposals; the other from an MP in the north of the county sought clarification but expressed no concerns.

4.3. Consultation meetings for parents, staff and other interested parties were also held at the site on 9 July 2008. No concerns were expressed.

4.4. Grangeside pupils were told about the plans in a school assembly. They have also had the opportunity to discuss this in tutor groups and to share any concerns and ask questions about the process. The school reports good positive feedback from pupils both verbally and by letter. No concerns have been expressed and most pupils seem pleased to have been involved in the process.

5) The SEN Improvement Test

5.1. The hybrid PRU experienced difficulties but significant improvements have already been achieved under the management of the Acting Headteacher. Nevertheless, it is felt that the establishment of a new school, which would be permanently led by a headteacher, have the certainty of a full staffing complement for a Hampshire BESD special school, provide a more broad and balanced curriculum including the national curriculum and have the rigorous challenge provided by a full governing body will provide the best basis for continuing improvement. The proposal therefore fulfils the improvement test demanded by the DCSF.

6) Competition

6.1. Since May 2007, a new statutory framework has applied to the establishment of any new maintained school. Where local authorities wish to see a new school established they must invite proposals to establish and run the school from other potential providers as detailed in Section 7 of the Education and Inclusion Act 2006 and The School Organisation (Establishment and Discontinuance) (England) Regulations 2007. The process is generally referred to as a "competition".

6.2. The DCSF has published guidance on the competition process. It involves the local authority publishing a notice inviting proposals from other potential providers. The local authority can also submit its own proposals as part of the competition though as the local authority APA rating is less than four the County Council must obtain consent from the Secretary of State if it wishes to propose a community special school. It is planned to apply for this consent once the competition notice is published. Irrespective of who wins the competition, the local authority must provide the revenue funding and the school buildings as it would for one of its own schools.

6.3. After the publishing of a competition notice, potential bidders have four months to submit a proposal. The County Council will then decide whether to make its own proposal. Within three weeks of the expiry of the date for submitting proposals, the authority must publish a second notice summarising all of the proposals that have been received and any proposal the authority itself wishes to make giving a six week period for representations to be made. Full copies of all proposals must also be sent to a number of parties. During the six-week period at least one public meeting should be held.

6.4. Under delegated authority granted by the Cabinet on 21 May 2007, the decision over whether not the County Council should make its own proposal would be taken by the Director of Children's Services if no other bids are received or by the Director in consultation with the Executive Lead Member if bids are received but the Director considers there is good reason nevertheless to make a proposal.

6.5. The decision over which proposal to accept is normally taken by the local authority unless the local authority has published its own proposals in which case the decision is taken by the Schools Adjudicator.

6.6. If agreement is given to proceed with the proposal to convert Grangeside PRU into a BESD special school, this will be the first "competition" run by a Hampshire County Council. It will be one of the first in the country for a special school.

7) Every Child Matters agenda

7.1. The proposal supports the desired outcomes of the Every Child Matters agenda, in particular enjoying and achieving, making a positive contribution and economic well-being by providing improved opportunities for secondary-aged children with complex BESD to achieve success at school.

8) Legal implications

8.1. As explained in Section 6 above, there is a legal requirement to set up a competition process inviting other potential providers to bid to establish and run the new school.

9) Financial implications

9.1. From September 2008, Grangeside has been funded as if it were a secondary BESD special school for 63 pupils. There are therefore no net revenue implications for the County Council. However when the new school opens, and the funds are fully delegated in the budget share of the new special school the funding will move within the Schools Budget from central funding (where all PRU funding is) to the Individual Schools Budget (the sum of all school budget shares).

9.2. The 2008/09 capital programme already includes funding to undertake some improvements to the building on the Pack Lane site, ie improvements to the roof and the entrance, reception and administrative accommodation. However there are no capital funding implications from this proposal.

10) Personnel implications

10.1. The opening of a new school in September 2010 will require the forming of a temporary governing body which will appoint a new headteacher. The headteacher designate will then work with the temporary governing body assuming responsibility for staffing the new school

10.2. It is understood that, irrespective of who wins the competition, current staff would be subject to Transfer of Undertaking of Protection of Employment (TUPE) regulations, ie their terms and conditions of employment, pension rights etc would be protected.

11) Impact assessment

11.1. If Grangeside PRU is converted into a special school, pupils with BESD are likely to benefit from the advantages outlined in 5.1 above.

11.2. There are significantly less girls than boys needing a BESD special school placement. However as the new school would be the only secondary BESD special school in the county able to admit girls, it will assist with providing equality of access.

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

12) Crime prevention issues

12.1. Making appropriate specialist provision for secondary-aged pupils with special educational needs, and BESD in particular, is likely to help lower the potential for disaffection and contribute to crime prevention.

13) Views of the Local County Councillor

13.1. All County Councillors in the Basingstoke and Deane area were sent copies of the consultation letter. Three have expressed views, all in favour of the proposal. One commented that, given what has happened in the recent past, it is important to ensure that a fresh start actually happens in practice.

14) Outline of Options:

14.1. The responses received during the consultation were overwhelmingly in favour of the proposal. In the light of this and the fact that continuing with the current situation would be against DCSF advice, no other options have been considered.

15) Conclusion

15.1. Responses to the public consultation are overwhelming in favour of the proposal. Providing long term education is not the prime purpose of a PRU and in order to sustain the improvements already being made, Grangeside PRU should be converted into a special school. This is in line with DCSF advice in its guidance document "Planning and Developing Special Educational Provision".

16) .Summary Recommendations:

That the Executive Lead Member for Children's Services (Education)

16.1. notes the consultation responses and approves the publication of a competition notice under Section 7 of the Education and Inspections Act 2006 inviting interested parties to bid to establish and run a new secondary special school for 63 pupils (both boys and girls) with a statement of SEN for BESD on the Pack Lane site in Basingstoke, with effect from September 2010

16.2. agrees, in the event that approval is ultimately given to open the new special school, the closure of Grangeside PRU in August 2010.

.

.

CORPORATE OR LEGAL INFORMATION:

Appendix A

Sue Dorney-Smith C&F/SEN/CBS+/jun09l09

01926 846418

20 June 2008 [email protected]

To all on the distribution list

Dear Colleague

Proposal to convert the pupil referral unit (PRU) for pupils with Statements of special educational need for behavioural, emotional and social difficulties (BESD) on the Pack Lane site in Basingstoke into a BESD special school

The `hybrid' pupil referral unit (PRU), known as Basingstoke School Plus, was established in 2004 as an amalgamation of Hawthorns Special School and the PRU that was known as The Ashwood Centre. Hawthorns Special School had previously catered for secondary aged pupils in the north of the county with Statements of special educational need (SEN) for BESD. The Ashwood Centre catered, in the main, for pupils who were permanently excluded or at risk of permanent exclusion from mainstream secondary schools in the wider Basingstoke area. The `hybrid' PRU was established as an innovative response to difficulties being experienced at the time at both Hawthorns and The Ashwood Centre.

The innovation was always intended to be subject to review. A few years on, it has been agreed that the `hybrid' PRU should be redivided into two PRUs with effect from September 2008. One of these will serve the needs of permanently excluded pupils and those at risk of permanent exclusion on the Ashwood site and will retain the name The Ashwood Centre. The other will cater for pupils with Statements of SEN for BESD in the north of the county on the Pack Lane site. A name for the `Pack Lane' PRU is currently under discussion.

The county council believes that the PRU on the Pack Lane site should then be re-established as a special school. The local authority is therefore consulting with a variety of interested parties about the proposal to convert the PRU on the Pack Lane site into a secondary special school catering for 63 pupils with a Statement of SEN for BESD, with effect from September 2010.

Further information about the proposal can be found at /decisions/decisions-docs/080522-excsed-R0515151350. A pro forma giving details of the proposed school is attached.

The views received during the consultation will be reported to Cllr David Kirk, Hampshire County Council's Executive Lead Member for Education. He will consider any views expressed before deciding whether to agree the proposal. If he decides to do so, a `competition notice' will be published and interested parties will be invited to bid to run the new school.

You/your organisation are invited to express any views you may have on this proposal. If you wish to comment, please let me have any views by 19 September 2008. I attach a sheet which you may wish to use for your reply.

Anyone who wishes, is also invited to an open consultation meeting which is being held at 6pm on Wednesday 9 July on the Pack Lane site. This will be led by Louise Brierley, Area Director, and I and other colleagues will also be present.

Yours sincerely

Sue Dorney-Smith

Education Officer SEN

cc: Pam Robinson, Deputy Director of Children's Services

John Clarke, Deputy Director of Children's Services

Louise Brierley, Area Director (Education and Inclusion)

Kate Hart, Area Director (Children and Families)

Vanessa Courtney, Head of County Services (Children and Families)

Phil Stringer, County Services Manager, Educational Psychology, Behaviour Support and School Counselling

Colin Diaper, Inclusion Manager, Children's Services

To: Sue Dorney-Smith

Education Officer SEN

County Office

Children's Services Department

Ashburton Court East,

The Castle,

Winchester

Hampshire County Council

SO23 8UG

Proposal to convert the pupil referral unit (PRU) for pupils with Statements of special educational need for behavioural, emotional and social difficulties (BESD) on the Pack Lane site in Basingstoke into a BESD special school

I/we support the proposal to convert the pupil referral unit (PRU) for pupils with Statements of special educational need for behavioural, emotional and social difficulties (BESD) on the Pack Lane site in Basingstoke into a BESD special school.

Yes No

(please tick) · ·

I would like to make the following comments (continue on separate sheet if necessary):

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Signed: ...................................................Date ..........................

Name: ..................................................................

Representing .........................................................(name of organisation)

Distributed to:

Acting Headteacher and Chair of Management Committee, Basingstoke School Plus

Teacher in charge, Basingstoke School Plus, Ashwood Centre site

Steve Mellor, Inclusion Manager, Fleet Local Office

Headteacher and Chair of Governors, Wolverdene Special School

Headteacher and Chair of Governors, St Mark's CE Primary School, Basingstoke

Headteacher and Chair of Governors of secondary schools in north and east of Hampshire, including special schools catering for pupils with moderate learning difficulties:

Mainstream secondary schools

Basingstoke and Deane

Aldworth Science College

Bishop Challoner VA RC School

Brighton Hill Community College

Costello Technology College

Cranbourne Business and Enterprise College

Fort Hill Community School

Everest Community College

Hurst Community College

Testbourne Community School

The Clere School and Technology College

The Vyne Community School

East Hampshire

Amery Hill School

Bohunt School

Eggar's School

Mill Chase Community Technology College

The Petersfield School

Hart

Calthorpe Park School

Court Moor School

Frogmore Community College

Robert May's School

Yateley School

Rushmoor

Cove School

Fernhill School and language college

Oak Farm Community School

The Connaught School

The Wavell School

Test Valley

Harrow Way Community School

John Hanson Community School

Test Valley School

Winton School

MLD Secondary Special Schools

Dove House

Hollywater

The Mark Way

The Samuel Cody

Headteacher and Chair of Governors of Hampshire secondary special schools catering for pupils with behavioural, emotional and social difficulties (BESD):

Lakeside School

Lord Wilson School

Prospect School

Director of Children's Services, Wokingham District Council

Director of Children's Services, West Berkshire Council

Chief Executive, Basingstoke and Deane Borough Council

Chief Executive Rushmoor Borough Council

Chief Executive Hart District Council

Chief Executive Test Valley Borough Council

Chief Executive East Hampshire District Council

Mary Edwards, Chief Executive, Basingstoke and North Hampshire NHS Foundation Trust

Sally Miller, Joint Children's Commissioning Manager, Hampshire Primary Care Trust

Marinos Paphitis, Regional Director, Learning and Skills Council, South East Region

James Arbuthnot MP

Gerald Howarth MP

Michael Mates MP

Maria Miller MP

Sir George Young MP

County Councillors for Basingstoke and Deane:

Jo Kelly, Basingstoke Central

Jane Frankum, Basingstoke North

Stephen Reid, Basingstoke North West

Brain Gurden, Basingstoke South East

Philip Heath, Basingstoke South West

Keith Chapman, Calleva and Kingsclere

Anna McNair Scott, Candovers

Elaine Still, Loddon

Marilyn Tucker, Tadley and Baughurst

John Maxwell, Whitchurch and Clere

Trade union representatives:

Pippa Hake, ATL, County Secretary

David White, NASUWT, County Secretary and Chair TLP

John Gawthorpe, NUT, TLP Secretary

Sean McArdle, PAT, County Secretary

David Rowlinson, ASCL, County Secretary

June Brown, NUT, County Secretary

Ann Chandler, GMB

Julie Murdoch, UNISON, Branch Secretary

Brian Kent, T&GWU, Regional Industrial Organiser

Local CE and RC dioceses:

C of E (Winchester Diocese) - Tony Blackshaw, Director of Education, 1^st Floor, Peninsular House, Wharf Road, Portsmouth, PO2 8HB

RC (Portsmouth Diocese) - Chris Richardson, Director of Schools, Park Place Pastoral Centre, Winchester Road, Wickham, Fareham, PO17 5HA

Appendix B

Basingstoke School Plus - conversion of the Pupil Referral Unit on the Pack Lane site into a special school for secondary-aged pupils with behavioural, emotional and social difficulties (BESD) with effect from September 2010

Information to be contained in a Complete Competition Invitation Notice (Section 7 E&I Act 2006) (Special Schools)

     1. A statement explaining the reason why the new special school is considered necessary and whether it is to replace particular schools.

     2. A statement explaining:

(a) the location of the possible site (including details of whether the possible site is a single or split site) including, where appropriate, the postal address or addresses;

(b) the reason for the choice of site;

(c) the area or particular community or communities the school is expected to serve;

(d) the accessibility of the possible site (or, if it is a split site, the accessibility of the accommodation);

(e) the proposed arrangements for transport of pupils to the new school and a statement about other sustainable transport alternatives where pupils are not using transport provided, and how the local education authority will seek to discourage car use in the new school area;

(f) the tenure (freehold or leasehold) on which the site will be held, and if the site is to be held on a lease, details of the proposed lease; and

(g) the effect of paragraph 28 and paragraph 31 of Schedule 2 to the Act (that the local education authority must transfer their interest in the site, buildings or premises to the school's trustees, foundation body, or governing body).

     3. The date on which the school should open and, where it is proposed that the proposals are to be implemented in stages, information about each stage and the dates on which each stage should be implemented.

  4. Information on-

(a) the numbers, age range, sex and special educational needs of the pupils (distinguishing boarding and day pupils) for whom provision is proposed;

(b) details of whether it is intended that any extended services which the local education authority would like to see provided should be provided on the possible site of the school (whether by the local education authority, governing body or another party);

(c) the type or types of special educational needs for which the school will make provision; and

(d) the estimated capital costs of providing the school (such an estimate to take account of the standards in Building Bulletin 77: Designing for Pupils with Special Educational Needs and Disabilities in Schools; Building Bulletin 98: Briefing Framework for Secondary School Projects and Building Bulletin 99: Briefing Framework for Primary School Projects (1)).

     5. A statement explaining that proposals should be in line with requirements set out in paragraph 4 above, but that proposals that do not comply with all of the requirements but meet the need for places in the area will be considered.

     6. A statement giving-

(a) the address of the local education authority; and

(b) the name of the person to whom proposals should be addressed.

     7. A brief statement explaining the procedure to be followed after the date when proposals must be received by the local education authority.

     8. A statement that any proposals submitted in response to a competition notice must contain the information specified in Part 2 of Schedule 2 of the School

Organisation (Establishment and Discontinuance of Schools) (England)

Regulations 2007 and that the information specified in Part 4 of Schedule 5 will be published in accordance with regulation 8.

     9. A statement that the local education authority will meet the capital costs of implementing the proposals as specified in paragraph 4(d) above or, if there is an agreement made under section 106 of the Town and Country Planning Act 1990, a statement setting out the buildings to be available, and the obligations to be entered into, on completion.

    10. A statement of any resources that the local education authority will make available to secure the provision of the services specified at 4 (b) above.

     11. Where the school will replace existing educational provision for children with special educational needs, a statement setting out how the local education authority believes the new school is likely to lead to improvements in the standard, quality and/or range of the educational provision for these children.

Appendix C