Statutory Proposal
Palatine Community Sports College
Statutory Proposal to change school category from Community School to a Foundation School supported by a Trust
This Proposal is given in accordance with section 19(3) of the Education and Inspections Act 2006 that the Governing Body of Palatine Community Sports College ("the Governing Body") intends to make a prescribed alteration to Palatine Community Sports College of St Annes Road, Blackpool, FY4 2AR ("the School").
The proposed alterations ("the Proposal") are:
1) to change category from a Community School to a Foundation School
2) to acquire a Foundation established otherwise than under the School Standards and Framework Act 1998 ("the Trust"), and
3) acquire a majority of Foundation Governors on the Governing Body.
The Trust proposed to be acquired by the School would be The Palatine Trust.
Introductory Information
a) School Details
The name of the school affected by this proposal is Palatine Community Sports College.
The address of the School is St Annes Road, Blackpool, FY4 2AR.
The School is currently a Community School.
b) Implementation Date
The planned implementation date for the Proposals is 1 April 2010.
If the local authority has not issued the relevant instrument of government for the School by that date, the Governing Body intend to implement as soon after that date as possible.
c) Objections or Comments
Within four weeks from the date of publication of this Proposal, any person may make objections, comments or representations on the Proposal by sending them the Chair of the Governing Body, Palatine Community Sports College, St. Annes Road, Blackpool, Lancashire FY4 2AR. Representations must be submitted by 26th March 2010.
d) Consultation
Consultation on the Proposal was carried out between 25th January 2010 and 23rd February 2010. A copy of the consultation documents is attached at Appendix 1. The consultation documents were sent to the consultees and made available on the School's website.
· See Appendix 2 for a full report on feedback, including minutes of consultation meetings and the views of those consulted.
· See Appendix 3, for a List of Consultees.
The Governing Body considered the responses from the consultation at a meeting on 23rd February 2010 at the School and decided to proceed to the publication of this Statutory Proposal. The Governing Body noted that no responses had been received and there were no requests for further information. Copies of the minutes of the Governing Body's meeting of the 23rd February 2010 are available from the Headteacher at the School on receipt of a stamped self-addressed envelope.
The Governing Body has followed and complied with all aspects of applicable statutory guidance and all applicable statutory requirements in relation to consultation over the Proposal and has consulted at all stages as and when appropriate.
e) Alteration Description
The prescribed alterations comprise a change of category from Community School to Foundation School and the acquisition of a Trust.
Changing Category to Foundation
a) Rationale for the proposal
The School is considering becoming a Trust School. The change of category from Community School to Foundation School is a pre-requisite for a school acquiring a foundation established otherwise than under the School Standards and Framework Act 1998 under the provisions of the Education and Inspections Act 2006.
Were the proposal to be implemented, the Governing Body would continue to have day to day control of the School's land and assets and would continue to be responsible for the performance of the School. The School would operate as it does at present. As a self governing Foundation School the School would benefit from increased financial and management autonomy, building on the strengths of local management and the expertise of the Governing Body.
The Governing Body would become the employer of the staff, although existing pay and condition arrangements would be unchanged as the School would remain in the maintained sector and be subject to national pay and condition agreements.
b) Admission Authority
The Governing Body will be responsible for the School's admissions criteria. Palatine Community Sports College will work in collaboration with the Local Authority, who will act on behalf of the Governing Body, in ensuring strict adherence to the national Code of Practice for Admissions within the local context. The school could exercise the right of a Foundation School, within the remit of the Code of Practice, to establish its own admission preferences for students.
c) Statement that the School will have a Trust
On its change of category to Foundation School, it is proposed that the School would acquire a charitable Trust. The focus of the Trust would be to extend and develop the excellent support that the School offers its students, specifically raising the attainment of pupils.
Acquiring a Trust
d) The proposed name of the Trust to be acquired is The Palatine Achievement Trust.
e) The School will have a foundation established otherwise than under School Standards and Framework Act 1998. The Trust does not currently act as foundation for any other school.
f) The rationale for working with the Trust is to strengthen the School's relationship with its partners and to harness their energy and expertise to support the School’s leadership and direction going forward. The partners will bring an ethos of achievement to the School which focuses on developing skills, expertise and experiences to support the direction of the School. The Trust will promote a strong learning environment for the local community including developing long term partnerships to provide a sustainable framework for school improvement. The Trust will work to improve the life chances of all young people within its community, raising their aspirations and equipping them to become effective and compassionate global citizens. The Trust will work to enhance the health and well being of its student community, as well as the wider community.
g) The proposed membership of the Trust would include the following:.
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Blackpool and the Fylde College
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Blackpool Children’s Services Authority
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Blackpool Sixth Form College
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University of Cumbria
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Palatine Pyramid
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Blackpool Acute Trust
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Blackpool Football Club in the Community
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h) Trustees would be appointed by the Trust's member organisations. The individual Trustees will be named on implementation. Each trustee will have one vote on Board resolutions. The Trust will, in future, be able to add to its external partners and membership if agreed by the Trustees and if the newly elected member(s) adhere to the objectives of the Trust. The Governing Body would ensure that the appointments of Trustees comply with relevant legislation.
i) The Trust would appoint a majority (eight) of the Governors to the School's Governing Body.
The Governing Body of the School would be made up as follows:
· Eight members would be appointed by the Trust;
· At least one third would be parent governors, elected on the basis of their expertise;
· At least two and no more than one third would be members of staff (one of whom must be the head teacher);
· At least one and no more than one fifth would be appointed by the Local Authority;
· At least one tenth would be appointed from the local community;
j) A Parent Council will be established in accordance with Section 23A Education Act 2002 to represent the views of parents of pupils registered at the School in addition to the parent Governors who serve on the Governing Body.
k) The Trust's charitable objects would be as follows:-
k.1 to advance the education of the pupils at any School or at any other school in respect of which the Charity acts or has acted as a foundation; it being acknowledged that in carrying out this object the Charity must (where applicable) have regard to its obligation to promote community cohesion under the Education Acts;
k.2 to advance and enhance the development and education of people of all ages and without distinction of race, nationality, gender, sexuality, disability or of political, religious or other opinions;
k.3 to provide or assist in providing facilities for recreation or other leisure-time occupations at all times of the year, including before and after school, weekends and holidays, in the interests of social welfare and in order to improve the conditions of life of the public at large;
k.4 to advance the health and welfare of people and their families and to assist in enabling access to education and recreational and leisure facilities
k.5 to advance the education and training of persons in the provision of care, educational and recreational facilities; and
k.6 to provide assistance to the charitable objects of any school which are not state funded..
l) The Trust will meet the requirements as set out under section 23A of the Schools Standards and Framework Act 1998 and the School Organisation (Requirements as to Foundations)(England) Regulations 2007.
m) The local authority and the Governing Body will make a new instrument of government for the school to reflect its new status.
n) The Governing Body believes that the Trust will raise standards at the School by strengthening its relationship with the School's external partners who will help develop new practice from their own areas of expertise and experience. Membership of the Trust will offer a stronger voice to the partners, who will lend expertise and energy and provide support for the School’s leadership and direction.
The external partners share the School's aspirations, know the local community and support the School's continued improvement. The Governing Body hopes that formalising the School's relationship with them will improve the School's capacity to plan development over the long-term and provide continuity of direction when key members of staff and governors leave the School. Similarly, the School's external partners will be able to work together in a more cohesive and effective manner, using their pooled expertise to raise standards at the School.
The Governing Body expects membership of the Trust to enhance the educational experiences of the School's pupils in the following ways:
· Raising standards at Key Stages 3 and 4;
· Securing resource use and best practice;
· Developing commercial acumen of pupils;
· Using the fundraising, business, legal and financial expertise of the members to source additional funds;
· Increasing cross-phase working, with a particular focus on teaching and learning;
· Increasing the sense of community in the area in which the School is based;
· Providing opportunities to reflect on best practice; and
· Providing the forum for debate about care for children, education for children and life-long learning experiences.
Specifically the Governing Body expects the School to draw on partners' experience and resources to offer improved opportunities for pupils to learn and practice skills and develop personality qualities in wider range of ways. The Governing Bodies believes this will not only improve the performance of the School but will also contribute to the advancement of citizenship and local community development.
o) Appendix 4 contains details of the School's test results and recent OFSTED report.
p) The Trust will endeavour to promote community cohesion and the advancement of citizenship and community development. By working towards the aims of the Trust the Governor Body will enhance the role of the school at the heart of the community and by working effectively with other educational establishments and partners. Opportunities for young people in the community will be widened and increased. Through this, the Trust will contribute to the advancement of community development and help to develop community cohesion.
q) The Proposal would contribute to and improve the diversity of school provision in the area, creating a new structure for the School aimed at raising standards. The School and Trust would still be part of the Local Authority's family of maintained schools, including a range of community schools, trust schools, academies, faith schools and Trust schools.
r) The Governing Body believe that if no action is taken, standards will continue to improve, but not at the rate at which they would like.
Majority of Foundation Governors
a) As a National Challenge trust the Trust must appoint a majority of Foundation Governors to the Governing Body.
b) The Governing Body believes that the appointment of Foundation Governors will bring a variety of skills and experience to the Governing Body and the School will benefit accordingly. The appointment of a majority of Governors strengthens the role of the Trust, which is intended to be a forum for developing expertise which can be carried through to the Governing Body.
c) The Governing Body will establish a Parent's Council in accordance with Section 23A Education Act 2002 to represent the views of parents of pupils registered at the School in addition to the parent Governors who serve on the Governing Body. The Parent Council will offer advice and guidance to the Governing Body. The Governing Body will decide how parents are appointed or elected to the Parent's Council and how and when to consult the Parent Council. The Parent Council will decide how it is to operate when it is established.
Explanatory Note
This background statement is supplementary to the formal statutory proposal. Its purpose is to address certain of the points raised during the consultation process to ensure that the full effect of the proposal is apparent to the general public.
a) Land and Assets
The Trust will hold the land and assets of the School on trust for the School for the duration of its relationship with the School. This means that the Trust will have the legal title to the land but must hold the land for the purposes or benefit of the School and subject to the provisions of its governing documents. If the Trust's role ends, publicly funded land will revert to the Governing Body or to the Council. The Governing Body will have day-to-day control over the School premises and will decide how its assets are used.
The Trust will be allowed to dispose of surplus land, but the Council will object to disposals that it feels are not in the long-term interests of the School, or would disadvantage the wider community. The proceeds of sale must be used for capital investment in educational assets in the maintained sector, and the Trust itself cannot profit. There would be no detrimental loss of resources by the School as a result of acquiring a Trust. There are special protections in relation to playing fields.
b) Responsibilities of the Trust and the Governing Body
The division of responsibilities would be as follows:
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Governing Body
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Trust
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Overall responsibility for the strategic development and operations of the School (as current). Examples are:
· Hiring and paying staff and other staff matters, including any disciplinary or grievance proceedings;
· Decisions around exclusions/appeals;
· Ensuring the national agreements on employment are met;
· Organising pension arrangements, human resources, occupational health and health and safety arrangements;
· Liaising with unions and the Council;
· Ensuring the requirements of the National Curriculum are met;
· Liaising with Ofsted, the DCSF and other regulatory bodies regarding School matters;
· Dealing with other matters that are the legal responsibility of the Governing Body.
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Achieving the Trust's charitable objects
Fulfilling the legal responsibilities of a charitable company such as:
· Meeting three times a year to discuss the advancement of pupils’ education;
· Reporting as necessary to the Charity Commission;
· Approving the appointment of any new Trust members;
· Approving the appointment of Trust members to the Governing Body;
· Holding lands and assets on trust for the School
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c) Staff
When the School acquires Trust status, existing staff will transfer to the new employer (from Blackpool Council to the Governing Body). Existing and new teaching staff would continue to work under the terms of the School Teachers’ Pay and Conditions Document (STPCD).
As the employer, the Governing Body would have the full range of employer responsibilities under employment law. It would usually delegate responsibility for day-to-day staffing matters to the head teacher.
Appendix 1
Copies of Consultation Documents
The following documents, used in the consultation process with stakeholders are available upon application from the Headteacher at the School. They also appear on the School website www.palatinesportscollege.co.uk
PUBLIC CONSULTATION
Changing to Foundation School Status and Acquiring a Charitable Trust
PUBLIC CONSULTATION
CHANGING TO FOUNDATION SCHOOL STATUS AND
ACQUIRING A CHARITABLE TRUST
CONSULTATION QUESTIONNAIRE
Appendix 2
Feedback from the Public Consultation
Consultation documents were made available to all parents and stakeholders during a four week period commencing 25th January 2010. These gave full details of the Proposal and the arrangements for making a response.
The public consultation process ended on 23rd February 2010.
Open meetings were held for staff on 2nd February 2010, for the wider community on 2nd February 2010 and for parents on 3rd February 2010.
Throughout the process the Governing Body has been committed to an open and transparent process abiding by the Cabinet Office Code of Practice on Consultation.
The feedback provided here covers all responses, and incorporates lists of “Issues to Consider” for the Governing Body.
Consultation Questionnaire
Questionnaire forms were available during the process. The public consultation period ended on 23rd February 2010 by which time no responses had been received.
The questionnaire asked for responses on five main issues plus asking for general comments and specific questions raised in relation to each one were as follows:
Q1 How do you feel about Palatine Community Sports College changing its status to become a Foundation School?
A 0 for, 0 unsure, 0 against
Q2 How do you feel about Palatine Community Sports College acquiring a Trust?
A 0 for, 0 against
Q3 How do you feel about Palatine Community Sports College working with the external partners suggested?
A 0 for, 0 against
Issues to consider
· There were no issues raised.
Q4 How do you feel about the vision and aims of the Trust?
A Approve 0
General comments
There were no general comments.
There were no aspects that were seen as contentious
Q5 Governance of the School: Trust to appoint a majority of Governors, one third of Governors to be elected parents?
A Approve 0; No View 0, Reject 0
General Comments
There were no general comments.
Feedback to consultation responses
As there were no responses to the questionnaire that required a response it was unnecessary for the Governing Body to respond.
Consultation Meetings (Staff, Professional Associations, Parents, Students and the wider Community)
An Open Meeting for staff was held on 2nd February 2010
The following issues were raised at the meeting attended by 76 people.
Would Palatine still benefit from gaining a new school as part of the BSF programme – the answer given was that it would
Would Palatine still be a Sports College – the answer was that, subject to meeting the criteria for re-designation it would, Trust status is independent of Specialist College status
Attendees were unanimously in favour of pursuing Trust Status.
Representatives from Professional Associations, and any individual staff have been given the opportunity to seek clarification on matters following this meeting, and indeed as part of the ongoing dialogue.
No further meetings were requested.
A Community Forum (open meeting) was held on 2nd February 2010
The following issues were raised at the meeting attended by ~60 people.
Clarification on the current performance of Palatine Community Sports College was asked by one attendee. No specific questions were asked in relation to Palatine Community Sports College gaining Trust status.
No attendees expressed concerns with Palatine pursuing Trust Status.
An Open Meeting for parents was held on 3nd February 2010
The following issues were raised at the meeting attended by 3 people.
No parent asked any questions following an indication of who the Trust Partners were going to be.
Attendees were positive about the change of status and were in favour of pursuing Trust Status.
Additionally, a questionnaire was placed on the school website and parents were asked to contribute their viewpoints in writing.
No questionnaires were returned.
Student Response
Students have been consulted during School Council meetings regarding Palatine Community Sports College.
Students were positive in their response and indicated that they thought it was a good idea to develop links with the proposed Partners.
The response of pupils was unanimous to support the change of designation.
Appendix 3
The following stakeholders were consulted:
· parents of the students currently on the role at the School;
· staff currently employed at the School, both teaching and non-teaching;
· the Head teachers of the five main Feeder Schools who send students to Palatine Community Sports College;
· Blackpool Children’s Services Authority, (Local Education Authority);
· Professional Associations of Palatine staff;
· The Principals of the 2 local Further Education Colleges:
§ Blackpool and the Fylde College
§ Blackpool Sixth Form College
· Local community groups
Appendix 4
1. League Tables are available on the DCSF website: www.dcsf.gov.uk
2. OFSTED reports or other reports on quality are available on the Ofsted website: www.ofsted.gov.uk/reports
