Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report :

EXECUTIVE SUMMARY

1) Summary of Decision Area:

1.1. On 26 January 2009 the Cabinet agreed that Public Notices be published in accordance with section 15 (1) of the Education and Inspections Act 2006 to discontinue Oak Farm Community School with effect from 31 August 2011.

1.2. This report summarises and comments upon the response received to the publication of the Public Notice and seeks approval to the proposal to discontinue Oak Farm Community School with effect from 31 August 2011 and that there will be no admissions to Year 7 in September 2010.

2) Issues Covered in Report:

2.1. A response to the objection from Oak Farm Community School's Governing Body focussing on :

- an analysis of responses to the consultation questionnaire

- the consultation process as related to the SEN resourced provision at Oak Farm School

- the single proposal consultation process

- the report back on the outcome of consultations

2.2. Details of the statutory guidance for decision makers regarding closing a maintained mainstream school.

3) Recommendations:

It is recommended that:

3.1. Approval be given to the following proposal, published by the local authority, in accordance with Section 15 (1) of the Education and Inspections Act 2006:

To discontinue Oak Farm Community School, Farnborough with effect from 31 August 2011 and that there be no admissions to year 7 in 2010 and beyond.

3.2. That Cabinet re-affirms its commitment to continuing use of the Oak Farm Community School site for educational and community purposes.

MAIN REPORT

1) Purpose of the report

1.1. To report on the outcome of the publication of Public Notices, in accordance with Section 15(1) of the Education and Inspections Act 2006, to discontinue Oak Farm Community School with effect from 31 August 2011.

1.2. To seek approval to the closure of Oak Farm Community School with effect from 31 August 2011 and to cease admissions to Year 7 from September 2010 and beyond.

2) Contextual Information:

2.1. Oak Farm Community School is an 11-16 secondary school located in an urban area of Farnborough. It is the smallest secondary school in Hampshire in terms of its pupil population, with the highest level of surplus places, a high level of student mobility and a reducing number of students. The school serves an area with a higher than average proportion of social and economic deprivation.

2.2. At its meeting on 26 January 2009 the Cabinet considered a report on the outcome of consultations on the proposal to close Oak Farm Community School. The report highlighted the difficulty as to how an urban secondary school with less than 200 pupils on roll (the forecast number on roll in September 2010 is 168), year group sizes of less than 30 (22 children entered Year 7 in September 2008) and with 83% of pupils within the school's catchment area electing to attend other schools, can be educationally and economically viable.

2.3. The report also detailed how the local authority needs to ensure an appropriate balance between the supply and demand for school places, especially in the context of Building Schools for the Future where authorities are expected to manage surplus places to an acceptable level of no more than 8%. The surplus places within the Rushmoor secondary schools are currently 16.6% and forecast to rise.

2.4. A key issue in reaching the decision to publish notices proposing to close Oak Farm Community School is the fact that school performance and pupil achievement at Oak Farm Community School has fluctuated considerably over a period of time, in spite of intensive support from the local authority and additional resources from the Department for Children, Schools and Families (DCSF).

2.5. In arriving at a decision to publish notices the Cabinet recognised the important role which the school plays within its community resulting in the Cabinet's commitment to continuing use of the school site for educational and community purposes. The original timescale proposed for the closure of Oak Farm School was 31 August 2010. The now intended closure date of 31 August 2011 was arrived at to enable Oak Farm pupils in the present years 9, 10 and 11 to embark on and complete examination courses at the school as appropriate, and to provide the timescale to plan and manage as smooth a transfer of pupils from Oak Farm to other schools as possible.

2.6. The Public Notice was published in the local paper, displayed at the school and in the local Post Office and Library on 13 February for a six week period which ended on 27 March 2009. A copy of the published notice is attached as Appendix 1 and a copy of the full proposal as Appendix 2.

3) Responses received to the Public Notices

3.1. The governing body of Oak Farm Community School have responded to the Public Notice objecting to the County Council's intention to close the school. A copy of the objection is attached at Appendix 4.

3.2. There are four main issues raised by the governing body ;

· The majority of respondents to the consultation on closure state a preference for the school to stay open

· A contention that the consultation did not include the SEN resourced provision at the school

· The nature of the consultation, specifically consultation on a single proposal

· The lack of opportunity to comment on or challenge the report back on the outcome of consultations.

Consultation questionnaire responses

3.3. 1800 copies of a consultation document with an attached questionnaire were distributed, including all parents of children at Oak Farm Community School (230 copies) and parents of children attending Oak Farm's six linked primary schools (1,380 copies). The questionnaire inviting comment was also made available on the web.

- 373 questionnaires were returned, of which 125 were on line, representing a response rate of 21%.

- 100 respondents were parents of Oak Farm pupils (43% of parents). Of these 100, 88 indicated they were against closure, 11 were in favour of Oak Farm's closure (one parent did not indicate a preference).

- 94 other parents responded, 81 indicating they were against the closure and 13 in favour of Oak Farm School's closure.

- 92 respondents indicated their connection with Oak Farm School as adult learners, 88 of whom were against closure, 3 for the school's closure and 1 did not indicate a preference.

- 29 Oak Farm School's staff responded, 26 were against and 3 for the school's closure.

- The other 58 respondents indicated a variety of backgrounds including students, ex students, grandparents, church members and local residents.

SEN resourced provision consultation

3.4. The consultation on the proposal to close Oak Farm School was relevant to all pupils on the school's roll. There is no requirement to consult separately on the closure of the SEN resourced provision at the school.

3.5. In the event of Oak Farm School's closure in August 2011 it is anticipated there will be 2 pupils accessing the provision who will be displaced. The "SEN Improvement Test" set out in the Department for Children Schools and Families (DCSF) publication, "Closing a Maintained Mainstream School - A Guide for Local Authorities and Governing Bodies" is relevant "for all those who bring forward proposals for new special schools or for special provision in mainstream schools", neither of which apply in this case. Nonetheless, the Local Authority would wish to apply the SEN improvement test to all pupils with special educational needs. Sections 4.28 to 4.33 in this report address this issue in greater detail.

Consultation on a single proposal

3.6. The circumstances pertaining to Oak Farm Community School as set out in sections 2.1 to 2.4 of this report led to the decision to consult on a single proposal. Comparing consultation methodologies between different areas of the County is misleading as each situation needs to be considered and based upon the local situation, and proposals developed to reflect the specific circumstances.

Cabinet report and Cabinet meeting of 26/01/09

3.7. The Oak Farm Governing Body were informed by officers of the timescale and protocol for the report back on the outcome of consultations at its meeting on 8 July 2008. The Chair of Governors was subsequently advised in November that the report to Cabinet would not be considered at its December meeting but at the next Cabinet meeting on 26 January 2009.

3.8. The Chair of Governors and headteacher of Oak Farm received the 26 January 2009 Cabinet report on 16 January, embargoed until 19 January 2009, when the report was published on the County Council's website.

3.9. In addition to the issues raised above the Oak Farm Governing Body's objection letter makes reference to what it believes to be a number of incorrect and challengeable statements made at the Cabinet meeting on 26 January 2009 and in the officer's report.

National Challenge funding

3.10. Oak Farm Community School has been identified by the DCSF as a National Challenge School as a result of the low attainment of pupils at Key Stage 4. As such the school receives additional funding to secure improved outcomes for pupils. This could include actions to sustain staffing. The governing body is not of this view.

3.11. National Challenge funding is allocated on the basis of a "Raising Attainment Plan" (RAP). The plan as it stands is to recruit Advanced Skills Teachers to provide a key lever for improvement. A decision to close the school in August 2011 would arguably render this aspect of the RAP impossible. The RAP is a constantly evolving document and can be updated and adjusted at any time, by agreement, to meet changing needs, with all requests to do so being looked on a case by case basis. An adjustment to the RAP, designed to support the provision of adequate staff resources to ensure pupil's curriculum entitlement, would be wholly appropriate.

Contextual Value Added (CVA)

3.12. The governing body are of the view that the school's CVA data was "dismissed" at the Cabinet meeting. CVA information was specifically referred to in section 2.34 of the 26 January 2009 report to Cabinet (see appendix 3) and was the subject of discussion at the Cabinet meeting.

Past closure consideration

3.13. The governing body refer to past closure consideration of the school resulting in "a self fulfilling prophecy". The rationale leading to previous consideration of the closure of Oak Farm community School is detailed in sections 5.7 - 5.9 of the 26 January report to Cabinet. This refers to the school being judged by the Office for Standards in Education in March 2004 to require special measures to ensure pupils' education was of a satisfactory standard. In such circumstances the Local Authority is required to consider a school's closure. At that time the decision was taken that the school should remain open.

Guildford Diocese

3.14. The governing body contend that the views of the Diocese of Guildford were misrepresented in the 26 January 2009 report to Cabinet and needed to be corrected at the meeting. On the 23 January 2009, three days prior to the meeting, the report's author received a letter from the Director of Education of the Guildford Diocesan Board of Education stating that:

"As quoted in the Decision Report the Diocese of Guildford made a response to the consultation last summer. Our conclusion, on the basis of the extremely low pupil numbers and other factors was that the case for closure was overwhelming.

I should like to remind the Executive however that we also strongly supported the view that the excellent community services that are provided at Oak Farm be continued and that if possible the campus should retain some educational presence perhaps as part of a learning partnership"

Cabinet were apprised of the content of the letter.

Pupil absence

3.15. The governing body felt the report could have been more balanced with regard to the school being identified by the DCSF as a "targeted persistent absence" school. Whilst the governing body recognises the legitimacy of this categorisation it highlights that the school suffers from high turbulence and mobility rates and has been forced to take in quite a number of hard to place pupils who are disaffected and are regular absentees. Whatever the reason, the school being identified as a persistent absence targeted school is a fact. The school is a member of the local inclusion panel where the placement of hard to place pupils is discussed and agreement expected to be reached regarding placement on an equitable basis amongst schools.

Number of pupils in SEN resourced provision

3.16. Reference is made by the governing body to the number of pupils within the SpLD resourced provision as detailed in the Cabinet report of 26 January 2009 and that no account is taken of potential additional pupils being placed in the provision. Given the County Council's stated intention to close Oak Farm School there will be no further placement of pupils in the resourced provision. As set out in paragraph 4.28 in this report, it is anticipated that only two pupils will be attending the provision in July 2011.

Ofsted inspection comparisons

3.17. The governing body contend that Table 5 in paragraph 6.5 of the 26 January 2009 report to cabinet setting out OFSTED inspection outcomes for local schools is "a nonsense". The table shows actual OFSTED outcomes not those that might or might not have been achieved. Any school could cite that the outcome might be different if inspected at a different time or by a different OFSTED team. With regard to the timing of the inspections, Oak Farm and its two closest neighbouring schools (Fernhill and Cove) were all inspected last year and within three months of each other. The Local Authority's judgement of the schools concerned is broadly in line with that of OFSTED.

Cost of community provision

3.18. The previous report to Cabinet contained details of current community provision at the school and highlighted that, if the school did close, maintaining the provision in terms of staffing and running costs could cost between £0.25m and £0.4m per annum. The governing body maintain the cost would be £0.4m based on information on community provision provided by the school. The range of costs was given to highlight the fact that opportunities could be taken to reduce running costs where possible without affecting services provided to the community.

Oak Farm School proposals for alternative provision

3.19. Proposals from Oak Farm School for a "skills/vocational centre" on the site are acknowledged in section 7.5 of the January report to Cabinet (Appendix 3 refers) which points out that the creation of such provision does not lie within the gift of Oak Farm School alone and must be part of an area implementation strategy The governing body feel the proposal for the skills/vocational centre would have reduced surplus places in the Borough. As detailed in the January report the creation of such provision does not lie with the school alone and must form part of an area implementation strategy in the ownership of all partners within the Rushmoor and Hart 14-19 Consortium.

3.20. Work on this aspect is ongoing with the Rushmoor and Hart Consortium, of which Oak Farm School is a member.

3.21. At a meeting between officers and Oak Farm staff and governors in early May, there was a misconception on the part of the school that officers were present to help the school develop a business plan which, if accepted by the Local Authority, would negate closure of the school. Officers were clear that the result of the meeting was for the Local Authority to gain a fuller understanding of the needs of the area, through the detailed knowledge which the school possessed, to identify provision and needs, particularly in the context of the 14 - 19 agenda. This information would then help inform the planning process with regard to future provision on the school's site, were Oak Farm to close. The disagreement regarding the purpose of the meeting led to a need to clarify the situation. A subsequent e-mail to the chair of governors and headteacher confirmed the officers' understanding and the school felt that there was no purpose in meeting again under this remit.

4) Statutory guidance for decision makers on reaching a decision on the proposal to close Oak Farm Community School:

4.1. The Secretary of State has issued statutory guidance for decision makers on the factors that need to be considered when deciding on proposals to close a school prior to making a decision.

4.2. There are 4 key questions which must be considered before judging the relevant factors and merits of the statutory proposals. These are as follows:

· Does the published notice comply with statutory requirements?

· Has the statutory consultation been carried out prior to the publication of the notice?

· Are the proposals "related" to other published proposals?

· Is the decision maker satisfied that they have all the information needed to make a decision?

4.3. Before publication the Public Notice was checked with the Department for Children Schools and Families who confirmed it did comply with statutory requirements.

4.4. A full consultation exercise was undertaken in line with statutory guidance the details of which were included in the report to Cabinet on 26 January 2009 (Appendix 3 refers).

4.5. The proposals to close Oak Farm Community School are not related to any other proposal.

4.6. The relevant factors (as identified in the statutory guidance) to be considered in this case are:

What are the effects on standards and school improvement?

4.7. Any proposal relating to a school closure should be based upon the fact that the closure of the school will contribute to raising local standards of provision, and will lead to improved attainment for children and young people.

4.8. Details regarding school performance and pupil achievement were set out in the report to Cabinet on 26 January 2009 (paragraphs 2.27 to 2.36) which is attached as Appendix 3. The Local Authority believes that the closure of Oak Farm Community School and transfer of its pupils to other local schools will improve the overall standard of education in the area and the quality of education delivered to the displaced pupils.

4.9. School performance and pupil achievement at Oak Farm Community School has fluctuated considerably over a period of time and it has been identified by the DCSF as a National Challenge school. Neighbouring schools will be able to admit displaced pupils from Oak Farm and maintain numbers on roll to enable the delivery of a cost effective broad and balanced curriculum. OFSTED judgements would indicate that neighbouring schools would offer pupils a good overall standard of education.

4.10. It is important to consider the effects on pupils whose first language is not English. Whilst there are pupils at Oak Farm Community School whose first language is not English there are also significant numbers of such pupils at neighbouring schools. Support will continue to be available for bilingual learners with neighbouring schools already having experience in supporting pupils whose first language is other than English.

4.11. The closure of Oak Farm Community School is not expected to have an impact on pupils achieving their potential in accordance with Every Child Matters. Pupils will continue to have access to extended services, opportunities for personal development and be able to access academic and vocational training as these opportunities exist within the alternative local schools. Support will be given to parents in seeking a place at a preferred alternative school with the aim of ensuring pupils can continue their programmes of study.

4.12. The education diversity of the area will not be affected by the proposed closure of Oak Farm Community School. Parents will be able to choose neighbouring schools which OFSTED judgements would indicate offer pupils a good overall standard of education. This will help to raise local standards and narrow attainment gaps.

4.13. The impact of the school's closure on children with SEN is considered in paragraph 4.28 below.

What is the need for places and what will happen to displaced pupils?

4.14. Government guidance states that there should be sufficient capacity within the area to accommodate displaced pupils, taking into account the overall supply and likely future demand for places. When reaching a decision on closure it is important to consider the quality and popularity with parents of the schools which can accommodate the displaced pupils.

4.15. It is important that education is provided as cost-effectively as possible as empty places can represent a poor use of resources - resources that can often be used more effectively to support schools in raising standards. Local Authorities are expected to address the issue of surplus places at schools which are unpopular with parents and which do little to raise standards or improve choice.

4.16. Oak Farm Community school has a capacity of 693 with a current number on roll of 230 representing 67% surplus places. The forecast number on roll for 2011 is 159 which represents 77% surplus places. Only 24 pupils are currently in Year 7 with 83% of pupils within the school's catchment area electing to attend other schools. Two local schools, both within one mile of Oak Farm, are forecast to have 161spare places in 2011 and will be able to accommodate pupils displaced due to the closure of Oak Farm Community School. If necessary additional accommodation will be provided.

4.17. The DCSF Guide for Local Authorities and Governing Bodies on Closing a Maintained Mainstream School states that proposals should normally be approved to close schools in order to remove surplus places, where the school proposed for closure has a quarter or more places unfilled and where standards are low compared to standards across the local authority area. Oak Farm Community School currently has 67% surplus places and in 2008 standards of attainment at the end of Key Stage 4 were below county and national averages with 26% of pupils attaining 5+ A*-C GCSE's including English and Mathematics. This is below the national minimum expectation of 30% and 33% below Hampshire's average of 59%. As a result, Oak Farm is one of six schools across Hampshire identified by the DCSF as a National Challenge school.

4.18. 83% of pupils from the Oak Farm catchment area attend alternative schools with over 550 of these attending Cove Secondary School and Fernhill School and Language College.

What will be the impact on the community and are there any travel implications for displaced pupils?

4.19. The closure of the school will impact on the community in terms of the loss of pupil places but places will be available at two local schools both within one mile of Oak Farm school. Both these schools are recognised by OFSTED judgements as offering a good overall standard of education.

4.20. Oak Farm Community School provides an extensive programme of community education as well as opportunities for community groups to use the school's facilities. The value of the community and extended school provision is recognised and it is intended that such provision will continue. This will involve discussing future provision with local community groups, Rushmoor Borough Council and other interested parties to ensure that all opportunities are investigated with respect to maintaining and where possible enhancing community provision that is targeted, appropriate and cost effective.

4.21. At its meeting on 26 January 2009 the Cabinet reinforced its commitment to continuing use of the site for educational and community purposes in partnership with educational, voluntary and community organisations. In looking at the continued use of the site opportunities will be considered to continue to promote community cohesion by adopting a multi-agency approach. A report is due to be submitted to Cabinet in July 2009 giving details of how the site can continue to be used for educational and community purposes.

4.22. Given the proximity of neighbouring secondary schools (both Cove and Fernhill are within one mile of Oak Farm Community school) it is expected that displaced pupils will walk to school.

4.23. There are no sex, race or disability discrimination issues arising from the proposal. Policies relating to equal opportunities will continue to apply to pupils who attend alternative schools.

Specific age provision issues

4.24. Oak Farm School houses Oak Farm Pre-School which provides 26 places for part of the week. Working in conjunction with the local Children's Centre, opportunities will be investigated as to whether this provision can be expanded to provide an enhanced provision linking to other services in the area. A report to Cabinet in July will detail opportunities for continued community provision on the site including pre-school provision.

Implications for 14-19 Provision

4.25. Oak Farm Community School is part of the Rushmoor and Hart 14 - 19 consortium and, as part of the consortium's Diploma delivery strategy, began engaging students in IT Diploma studies in September 2008.

4.26. Discussions are taking place with the Hart/Rushmoor consortium to clarify the strategic roll-out plan for diploma delivery and to identify the physical requirements necessary to be able to offer diplomas to students. A strategic plan will be developed to ensure that opportunities for students to study diplomas are not compromised if the decision is taken to close the school.

4.27. The opportunities for continued educational provision on the site, should the school close, will take account of possible use for 14 - 19 diploma delivery working with the consortium on an agreed strategic delivery model.

What are the implications for special educational needs (SEN) provision?

4.28. Oak Farm Community School houses resourced provision for pupils with specific learning difficulties (dyslexia). In September 2008 there were 10 pupils accessing the resourced provision, 3 of whom have a statement of special educational needs. It is anticipated that two of these pupils will still be attending the school in July 2011, one of whom has a statement.

4.29. In order to ensure these two pupils are not disadvantaged in expressing a preference for another school in the event of Oak Farm's closure, it is intended that any recipient secondary school will receive equivalent LA funding. This will ensure pupils continue to benefit from access to intensive literacy and/or numeracy programmes, homework classes and other support as required within a mainstream setting to meet their individual needs. It is anticipated that they will join schools which already have teachers and support staff with expertise in meeting the needs of pupils with specific learning difficulties (SpLD). Nevertheless, should additional support be needed, this will be provided to the schools from support staff with expertise in this area of need

4.30. The two resourced pupils would continue to be provided with home to school transport, if appropriate, in line with current policy.

4.31. There are two other pupils in Oak Farm who have a statement of SEN and it can be anticipated that both will still be attending the school in July 2011. In line with all pupils with a statement of SEN, these pupils will have their needs reviewed through the statutory annual review process. The process will enable the pupils' on-going needs to be identified and their statements would be amended in the year prior to transfer to an alternative school. Any resource implications would be identified as part of this process and a strategy developed to ensure that the transition to an alternative school is as smooth as possible

4.32. All pupils with special educational needs at Oak Farm school will benefit from being able to experience the wider educational opportunities available within a larger school whilst at the same time continuing to receive a personalised and focused curriculum to meet their individual needs. Educational attainment levels in the neighbouring schools are higher than at Oak Farm which will give relocated pupils better opportunities to achieve good results. A number of staff who may be re-deployed from Oak Farm will have skills and expertise in working with pupils with special educational needs and this will benefit all pupils in the establishment to which they transfer. Teaching accommodation in the schools will be suitable and appropriate to meet pupil's needs with access to the full range of specialist curriculum facilities

4.33. It is for these reasons that the Local Authority believes the proposal will lead to improvements in the standard, quality and range of educational provision for pupils with special educational needs.

5) Conclusions:

5.1. The Local Authority has met the statutory guidance to enable a decision to be made regarding the closure of Oak Farm Community School.

5.2. The statutory consultation has resulted in the receipt of one representation from Oak Farm Community School's Governing Body objecting to the County Council's intention to close the school. The issues raised within the governing body's submission are addressed in section 3 of this paper.

5.3. The County Council's decision to publish notices setting out its intention to close Oak Farm Community School is primarily predicated on the low number of pupils attending the school and the forecast continued decline. There are currently 230 children on roll, with an anticipated Year 7 intake of 22 pupils and a loss of 73 pupils in the current year 11. September 2009 will see pupil numbers at the school fall to 179. It is difficult to see how a secondary school of this size can be educationally and economically viable. Indeed, the Oak Farm Governing Body is not unrealistic about the school's non-viability as an 11-16 secondary school.

5.4. Pupil achievement at Oak Farm has fluctuated considerably over a period of time, recently resulting in the school being identified by the DCSF as a National Challenge School. The closure of Oak Farm will result in pupils transferring to neighbouring schools, the two nearest each within one mile of Oak Farm and each with an OFSTED judgement indicating they would offer pupils a good standard of education.

5.5. The County Council needs to ensure an appropriate balance between the supply of and demand for school places. This important strategic planning function of the authority is highlighted by central government in relation to its Building Schools for the Future programme, with authorities expected to manage surplus places to an acceptable level of no more than 8%. Surplus places within Rushmoor secondary schools are currently 16.6% and forecast to continue to rise. The closure of Oak Farm School would see this figure fall to 5.9%.The recent invitation to the County Council to submit an expression of interest for entry to the BSF programme (Appendix 3 sections 2.21 - 2.25 refer) and the fact that the Rushmoor secondary schools rank highly in the County Council's priority of need offer exciting opportunities for educational provision in the area.

5.6. From the outset of consultations it has been made clear that the County Council intends to retain the Oak Farm site for educational and community provision. Closure of the school will result in the exploration of options for the use of the Oak Farm site in the context of the Rushmoor and Hart Consortium's strategic plans for diploma delivery in the area, the transformational BSF agenda and the need for continued community facilities, with a paper being brought to Cabinet in July 2009 reporting progress on this commitment.

6) Recommendations:

It is recommended that:

6.1. Approval be given to the following proposal, published by the local authority, in accordance with Section 15 (1) of the Education and Inspections Act 2006:

To discontinue Oak Farm Community School, Farnborough with effect from 31 August 2011 and that there be no admissions to year 7 in 2010 and beyond.

6.2. That Cabinet re-affirms its commitment to continuing use of the site for educational and community purposes.

CORPORATE OR LEGAL INFORMATION:

IMPACT ASSESSMENTS:

1. Equalities Impact Assessment:

a) Equalities issues have been considered and no adverse impact identified.

2. Impact on Crime and Disorder:

a) These proposals will have no impact on crime and disorder.

3. Climate Change:

a) How does what is being proposed impact on our carbon footprint / energy consumption?

· Opportunities will be assessed to reduce the impact in planning for the future use of the school site.

b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?

· No specific measures have been identified.