To receive apologies for absence.

Apologies were received from Mr M Harrison, Ms T Kneale, Mr S Matthews, Mr N O’Neil, and Mr S Pugh.

To receive any details of Members nominated to attend the meeting in place of a Member of the Forum.

Mr C Lewandowski substituted for Mr M Harrison, Mr E McGilp for Mr S Pugh, and Mr A Teale for Mr S Matthews.

To receive any declarations of interest by Members in respect of items on the Agenda.

Mr C Lewandowski declared an interest in agenda item 8: Trade Union Facilities as a Trade Union representative on the Forum and Mrs J Powell also declared an interest as Branch Secretary of the National Association of Head Teachers.

Mr P Box and Mr A Shaw declared interests in agenda item 13: Music Service and Deficit, both having children in receipt of musical tuition.

To receive any announcements from the Chairman

None.

To approve and sign the minutes of the meeting held on 31st January, 2011.

RESOLVED:  That the Minutes of the meeting held on 31January 2011 be confirmed as a correct record and signed by the Chairman, subject to recording that Mr J Sheppard had been present at the meeting.

The Interim Director of Children’s Services confirmed in relation to Minute No 44 and discussion of the clawback of surplus school revenue balances, that Schools had been advised of the intention to consider requests for permission to retain higher revenue balances favourably, given the Department for Education’s indication that it intended to remove the provisions for clawback of surplus school balances for 2011/12.  A number of requests had been received from schools and were being dealt with.  The Interim Director undertook to issue a further reminder to schools to submit a request if they wished to retain surplus balances.

The Assistant Director: Improvement and Inclusion confirmed in relation to Minute no 47 that expenditure on the Service Level Agreement for Governor Services and any surplus would be reported at the end of the financial year.

To consider any issues raised as either a late item or any other business.

There were none.

To conclude the deliberations undertaken to date regarding the statutory requirements of 25 hour PRU provision.

The Committee considered the statutory requirements of 25 hour PRU provision, the need to establish a medical PRU facility, and a suitable funding model.

The Head of Additional Needs (HAN) presented the report, consideration of which had been deferred at the Forum’s meeting in January 2011.

He reported that Herefordshire Secondary Head Teachers Association’s (HASH) preferred option for funding the statutory 25 hours of educational provision per week to pupils with behavioural, social and emotional difficulties in Pupil Referral Units (PRU) would be to charge secondary schools £3,000 per PRU place each year with effect from 1 April 2011, as described at paragraph 3 of the report.  The Forum was asked to contribute £78k in 2011/12 from the Dedicated Schools Grant (DSG) to provide the balance of funding during 2011/12 during the transition phase of the charging scheme.

He noted that additional funding for tuition of pupils with medical needs in the PRUs was no longer required.

In the course of discussion the following principal points were made:

·         The HAN acknowledged that further work was required to develop a mechanism to account for the funding of pupils moving from one school to another within the school year. It was requested that a report providing clarification should be made to the Forum’s next meeting.

·         The Forum discussed whether the £78k required to provide the balance of funding in 2011/12 should come from the secondary school portion of the DSG or from the DSG as a whole.  The conclusion was that the sum should be drawn from the DSG as a whole, noting HASH’s view that account needed to be taken of a child’s history throughout their schooling and that to fund something from one portion of the DSG rather than the whole DSG would set a precedent.

The HAN confirmed that the £78k was a one–off payment in 2011/12 to fund the existing pupils in the Unit.  Future provision would be financed by the proposed charging arrangements.

·         It was proposed that the wording of paragraph 3 of the report needed to be expanded slightly to ensure clarity.

RESOLVED:

That  (a)    the considerations already given to the requirement for 25 hour PRU provision and the cost implications for the current resource be acknowledged;

         (b)    the recommendation of HASH (2^nd Feb 2011) and the option selected for funding behavioural, social and emotional difficulties PRU provision as of April 1^st 2011, as set out in paragraph 3 of the report, as amended, be approved, meaning that there would be a charge to secondary schools of £3,000 per PRU place each financial year in addition to the age weighted pupil unit, from April 2011, in order to fund the legal requirement to provide pupils at Pupil Referral Units with 25 hours per week of education.  This would apply to new entrants from that date and would be proportionate to the remainder of the academic year, which would be confirmed as a daily rate.

         (c)     the principle be approved that DSG will provide  ...  view the full minutes text for item 60.

To receive an update on the Trade Union facilities.

To follow

(Mr C Lewandowski and Mrs J Powell declared interests.)

The Forum considered funding for the provision of additional Trade Union facilities time.

The Assistant Director: Improvement and Inclusion presented the report which contained the additional information requested by the Forum when it had considered this issue in January 2011.

She reiterated that a review of the allocation of Teacher Trade Union Facilities time had determined that additional hours needed to be allocated.  The current budget had not covered the previous arrangements leading to an end of year deficit.  The Forum was being asked to provide an additional £41,500 per annum from the Dedicated Schools Grant to meet the new allocation.

In the course of discussion the following principal points were made:

·         It was confirmed that the deficit on this budget had to date been funded at the end of the year from underspends on other budgets funded from the DSG.  It was emphasised that, as a matter of principle, where there was an overspend it was important that this was brought to the Forum’s attention for its consideration.  The Interim Director of Children’s Services acknowledged that the Forum needed clarity about budget expenditure.

·         The Forum remained concerned about the role of the Unions in Health and Safety audit inspections.  There was a view that the level of involvement was excessive and expensive, duplicating existing health and safety work in schools.  Such inefficiency needed to be addressed mindful of the financial challenges being faced.  It was requested that clear protocols should be drawn up for health and safety audit inspection activity.

·         The Health and Safety Officer commented on the relevant statutory requirements and answered a number of questions seeking clarification on their application.

·         The Interim Director noted that paragraph 52 of the Code of Practice accompanying the Regulations on Safety Representatives and Safety Committees, an extract from which was appended to the report, encouraged health and safety representatives to co-ordinate their work to avoid unnecessary duplication.  She suggested there would be merit in representatives from the Forum meeting officers responsible for drawing up the health and safety audit inspection arrangements to ensure that the sprit of the legislation was being met. Her understanding was that Unions and the Council officers were mindful of the need to make the best use of resources.

RESOLVED:

That    (a)        the provision of additional Trade Union facilities time be noted;

            (b)       the Forum agree to contribute an additional £41,500 per annum from the Dedicated Support Grant to fund this additional time on the following understanding:

            (c)        the expectation that expenditure will be rigorously monitored to stay within budget by Unions, officers and the Forum, and that as the budget is cash-limited any pressures be reported to the Forum;

(d)       a review of payment rates of Trade Union representatives and the efficiency of meetings and business be undertaken in the light of the financial challenges; and

(e)       clear protocols for health and safety audits be agreed by the Trade Unions and Health and Safety function, inviting comment  ...  view the full minutes text for item 61.

To finalise the budgets following consultation.

To follow

The Forum consideredrecommending to the Cabinet Member for ICT, Education and Achievement the Dedicated Schools Grant budget for 2011/12.

The Schools Finance Manager (SFM) presented the report. 

He commented that the late announcement of the schools budget settlement by the Department for Education (DfE) had inevitably meant that the timescale for preparing budgets had been tight.  This had limited the time available to consult on the budget proposals.  The DfE Spending Review indicated that the same cash freeze per pupil for the DSG would apply in 2012/13 and 2013/14.  He therefore intended that planning for the 2012/13 budget would take place earlier so that consultation could take place in the autumn.

He drew the Forum’s attention to the responses to the consultation exercise on the 2011/12 budget summarised in the report and set out in more detail in appendix 2 to the report.

The Budget Working Group (BWG) had met to consider the responses to the consultation paper and put forward an alternative budget proposal.  This provided for greater reductions in funding for social deprivation and personalised learning in light of the additional £1m pupil premium grant, and a smaller reduction in small schools protection than had been proposed in the consultation paper.  It was proposed that the funds generated from these proposals would be re-distributed to schools through an increased per pupil unit of funding.  This would narrow the funding gap on a per-pupil basis between the highest funded schools and the lowest funded schools.

A revised set of recommendations reflecting the BWG’s proposal was circulated at the meeting.

The Chairman of the Forum thanked the BWG for its efforts in seeking to produce a balanced set of proposals in very difficult financial circumstances.  She welcomed the intention to commence planning for the 2012/13 budget earlier in the year which would allow more time for discussion of proposals than had been possible this year.

Each recommendation was then discussed in turn with reference made to the responses received during the budget consultation exercise. The following principal points were made:

·         In relation to option J in the consultation, a reduction of 2% in Private, Voluntary and Independent Nursery funding, the SFM highlighted that a number of responses from PVI nurseries had suggested that savings in nursery education (per pupil) should be comparable with schools (-1.5%).

The SFM reminded the Forum that it had agreed on 7 December 2009 that PVI funding in Herefordshire should be frozen in cash terms until parity with Worcestershire, Shropshire and Gloucestershire was achieved. The recommendation continued the move towards parity. The BWG had considered the consultation feedback and evidence that PVIs in Herefordshire were funded at a higher rate that surrounding counties and agreed to recommend to the Forum that the full 2% cut be approved.

The Early Years representatives observed that all 47 PVI nurseries and 8 schools had objected to option J and 33 schools had supported it.  They felt greater weight should be placed on this response to the  ...  view the full minutes text for item 62.

To consider the Department for Education (DfE) directed changes to the Herefordshire Scheme for Financing Schools effective from 1st April 2011.

The Forum considered the Department for Education (DfE) directed changes to the Herefordshire Scheme for Financing Schools effective from 1April 2011.

The Schools Finance Manager (SFM) presented the report.  He added that schools had been consulted on the proposed changes and no replies had been received.

It was noted that whilst it would no longer be a requirement from April 2011 for a balance control (clawback) mechanism, it was possible to retain a mechanism focused on only those schools with significant excessive uncommitted balances.  The SFM commented that in the current financial climate the authority had no plans to introduce such a mechanism but would report to the Forum if in future this were to be considered.

He highlighted the circumstances, summarised in paragraph 7 of the report, where dismissal or resignation costs would be charged to the delegated schools budget.

The guidance note on responsibility for redundancy and early retirement costs, appendix b to the report, stated that, “To achieve best use of resources, local authorities should also have an active redeployment policy, to match staff at risk to vacancies.”  It was noted that there was no such policy in place.  The Interim Director commented on the complexity of agreeing such a policy, given the autonomy of school governing bodies and that the guidance could be seen as being contrary to other national guidance being issued.  It was proposed that a briefing note on the matter should be circulated to Members of the Forum in advance of the next meeting.

RESOLVED:

That    (a)        the Department for Education directed changes to the Herefordshire Scheme for Financing Schools effective from 1 April 2011 be approved;

            (b)       the DfE statutory guidance on the funding of school redundancy costs be noted; and

            (c)        a briefing note on the development of an active redeployment policy be circulated to Members of the Forum in advance of the next meeting.

To consider amendments to the membership and constitution of the Forum.

To follow

The Forum considered amendments to its Membership and Constitution.

The report set out options for amending the Forum’s membership to reflect provisions in the relevant Regulations; a proposal relating to the treatment of confidential reports; options for the regulation of public participation in the Forum’s work and a number of minor amendments to the Constitution.

In relation to membership of the Forum it was noted that Regulations provided that primary schools, secondary schools and academies should be broadly proportionately represented on the Forum.  The Regulations offered a choice as to the basis on which the calculation of proportionality was made.  It was proposed that this issue should be referred to the Primary Schools Forum, Association of Secondary Headteachers, the Herefordshire Association of School Governors for further consideration.

RESOLVED:

That  (a)          Options for changes to the membership of the Forum should be referred to the Primary Schools Forum, Association of Secondary Headteachers and the Herefordshire Association of School Governors for further consideration with a report to the next meeting and that the Membership of the Forum continue on its current basis until after that meeting;

         (b)          a provision be included in the Constitution providing for the treatment of any confidential reports as set out at paragraph 18 of the report;

         (c)           a provision be included in the Constitution providing that public participation at the Forum’s meetings will be at the Chairman’s discretion; and

(d)          the Clerk be authorised to amend the Constitution to address a number of minor matters as described in paragraph 28 of the report.

To note progress in the development of the Shared Services project.

The Forum was invited to note the Shared Services project and the involvement of the Schools Forum in development of the shared services offering for Schools.

The Programme Manager presented the report.  He commented that work was taking place on the development of service level agreements for Schools for the range of services within the shared services project.

Reassurance was sought that the services provided to schools would be fit for purpose and that the existing expertise available to schools would not be lost.  The Programme Manager assured the Forum that meeting the requirements of schools was a priority and the intention was to refine agreements to achieve this aim.

RESOLVED: That the update on the Shared Services project and the involvement of the Schools Forum in development of shared services offering for Schools be noted.

To consider matters regarding music services.

To follow

(This item was considered in advance of the item Dedicated Schools Grant 2011/12 – Budget Consultation)

(Mr P Box and Mr A Shaw declared interests.)

The Forum considered alternative options for providing Music Service provision in the authority, due to the combination of charging rates and the reduction of Local Authority and central Government funding.

The Assistant Director: Improvement and Inclusion (ADII) commented that the Music Service had run with an operating deficit for a number of years.  Charges to schools had not been sufficient to meet costs.  The resulting overspend had been funded by savings in other areas of the Children’s Services budget.  However, at the end of 2008/9 it had been decided that this position could not continue and funding for the annual overspend had ceased resulting in an accumulated deficit.  Efforts had been made to continue to deliver the service and reduce costs but the point had now been reached when the current model of provision was not sustainable and a new model had to be found. Because the charges did not cover costs the service was in the position that the more tuition hours the service provided the worse the accumulated deficit became. It was hoped that the Forum and the Authority could agree on a joint vision for the service and jointly solve the financial position.

The Head of the Music Service (HMS) presented the report.  He reiterated that if no alternative approach were agreed the music service would have to close.  He commented on the adverse effect this would have, emphasising the impact of a loss of a cohesive approach to music education across the County.

The report set out five operating models, a proposal that the Forum contribute to meeting the deficit and also the option of closure.  A financial options appraisal was circulated showing the costs associated with the five operating models and closure. 

The five operating models were:

Option 1 - Raising the hourly rate charge to schools.

Option 2 - Changing the pay and conditions of peripatetic staff to Herefordshire Council pay scale.

Option 3 - Accredited teacher scheme

Option 4 - Non Accredited teacher Scheme

Option 5 - Externalising/Contracting out the Music Service

The Head of the Music Service (HMS) commented on each of the options in turn elaborating on the detail of each option as set out at paragraph 27 of the report and as also described in the staff consultation paper appended to the report. 

Whilst the formal staff consultation was to close on 3 March he informed the Forum that the majority of staff favoured the third option – the accredited teacher scheme and this was also his own preferred option.  A successful version of this scheme was being operated cost effectively by Derbyshire County Council.

The Accredited Teacher Scheme offered a cohesive approach under which Schools would be able to choose Music teachers, who would be self-employed, from an accredited list.  This would provide assurance to schools which option 4, a non-accredited teacher scheme, would  ...  view the full minutes text for item 66.

To consider the Forum’s work programme.

The Forum considered its work programme.

It was agreed that the work programme should be updated to include the following:

June 2011

·         Model of how PRU Funding will follow the pupil (minute no 60 refers).

·         Protocols for health and safety audit inspections (minute no 61 refers).

·         Membership of the Forum  (minute no 64 refers).

September 2011

·         Provision for planning for the 2012/13 budget (minute no 62 refers).

Friday 10th June, 2011 - 9:30 am

Friday 23rd September, 2011 - 1:30 pm

Friday 25th November, 2011 – 1:30 pm

Friday 20th January, 2012 – 9:30 am

Friday 24th February, 2012 – 9:30 pm

Friday 23rd March, 2012 – 9:30 pm

Venue - The Council Chamber, Brockington, 35 Hafod Road Hereford

The Forum noted that the next meeting was scheduled to be held at 9.30 am on Friday 10 June 2011.