Agenda item

In October 2013 the DFE published an update to its Schools Forums Operational and Good Practice Guidance.

A summarised version is attached at Appendix C and the full document will be tabled for discussion at the meeting.

Should members wish to read the guidance in advance of the meeting it can be found at:

http://www.education.gov.uk/schools/adminandfinance/financialmanagement/schoolsrevenuefunding/schoolsforums/a0070290/guidance-for-schools'-forums-on-their-role

 

The Forum was asked to consider the updated Schools Forums Operational and Good Practice Guidance published by the DFE. A full report was tabled at the meeting. Members of the Forum found the document most informative.

 

In addition to school representatives, there were non-school representatives for 16-19 providers, Early Years PVI providers and Vulnerable Children.  It was noted that there was currently no faith school representation. Mary Pattinson would raise this at a meeting with the diocese. School reps needed to constitute at least 2/3 of the total membership.

 

The Forum noted that it was compliant with requirements of structure, voting and elections and in the balance of members representing the various groups.

 

Functions of the Forum

 

It was noted that the scheme of financial management had not been reviewed for a while and would re-launched before the start of the new financial year.

 

Elections would be held at the expiry of members’ terms of office (four years).

 

A copy of the School Forum Powers would be available for reference at future meetings.

 

The Local Authority could appeal to the DFE if the Schools Forum rejects its proposals.

 

The Local Authority cannot delegate its decision making powers to School Forums – ie funding formula decisions.

 

·         Regulations state that the local authority must consult the Schools Forum annually in connection with various schools budget functions, namely:

·         amendments to the school funding formula, for which the voting is restricted by the exclusion of non-schools members except for PVI representatives

·         arrangements for the education of pupils with special educational needs

·         arrangements for the use of pupil referral units and the education of children otherwise than at school

·         arrangements for early years provision

·         administrative arrangements for the allocation of central government grants paid to schools via the local authority

 

Consultation must take place when a local authority is proposing a contract for supplies and services funded from the Schools Budget and consider the terms of the contract at least one month prior to issue of tenders.

 

For 2014-15, local authorities will need to discuss with the Schools Forum any proposals to:

 

·         vary the Minimum Funding Guarantee (MFG)

·         use exceptional factors

·         vary pupil numbers

·         allow additional categories of, or spending on, central budgets

·         amend the sparsity factor

·         vary the lump sum for amalgamating schools

·         vary the protection for special schools and special academies

·         Proposals will need to be approved by the Secretary of State.

 

Membership

 

There is no maximum size of a School Forum.  The current Havering Schools Forum membership stands at 27.

 

School Forum members’ needs skills and competencies to manage Forum business and to take a strategic view across the whole education estate and represent the group that elected them. They should also be  contactable as well as proactive in raising issues and communicating decisions.

 

Term of Office

 

Membership of the Forum ceases when a member resigns his/her office by which he/she became eligible for election or appointment. 

 

School Members

 

Head teachers can be represented by other senior members of staff within their school.  Governors can include interim executive members of an interim executive board.

 

Election and Nomination of School Members

 

David Allen would be drawing up a model scheme for the process of elections which should be put on a more formal setting.

 

 

 

 

The following recommendations for an election process were noted:

 

a.  the process for collecting names of those wishing to stand for election;

b.  the timescale for notifying all constituents of the election and those     standing;

c.  the arrangements for dispatching and receiving ballots;

d.  the arrangements for counting and publicising the results;

e.  any arrangements for unusual circumstances such as only one candidate standing in an election; and

f.   whether existing members can stand for re-election.

 

Election and Nomination of Academy Members

 

Academy members must be elected by the proprietor bodies who are best placed to determine the process.  David Allen would be writing to all Chairs of Governors/Proprietors to request their comments.

 

Other Membership Issues

 

·      There are three restrictions placed on who can be a non-schools member of a Schools Forum. The local authority cannot appoint:

·      an elected member of the local authority who is appointed to the executive of that local authority (a lead member/portfolio holder) ‘executive members’,

·      the Director of Children’s Services or any officer employed or engaged to work under the management of the Director of Children’s Services, and who does not directly provide education to children (or manage those who do) (‘relevant officer’ (a) and (b)),

·      other officers with a specific role in management of and/or who advise on funding for schools (‘relevant officer’ part (c)).

 

Role of Executive Elected Members

 

Briefings are held with the Executive members of the Council with regards to Schools Forum business.

 

Recording the Composition of Schools Forums

 

A written record detailing members names and numbers of each group represented must be maintained.

 

Observers

 

The regulations provide that the Secretary of State can appoint an observer to attend and speak at meet at Forum meetings – eg representatives from the EFA.

 

It was noted that Trade Unions are currently represented on the Forum as non-school members representing their own trade unions.

 

Procedures

 

A meeting is quorate if 40% of the total membership is present excluding observers.

 

Should the position of the Chair fall vacant, the Forum must decide how long the term of office of the next Chair should be. The period can be of any length however it is not recommended that it is not for too long.  It was noted that in Havering the term of office was one year.  The Chair must be elected from amongst Forum members.  No officer or elected member of the local authority who is a Forum member can be elected as Chair.  A Vice-Chair can also be appointed. 

 

            Substitutes can attend and vote where appropriate.  Arrangements for substitutes must be decided in consultation with Forum members.  It was agreed to review the current process for named substitutes.

 

Proceedings of the Forum are not invalidated by defects in election or appointment of any member or appointment of the Chair.  Neither does the existence of a vacancy.

 

The Forum must meet at least four times a year.  The Havering Schools Forum meets approximately nine times per year.

 

Public Access

 

School Forums are required to be open to the public and all papers, agendas and minutes are to be publicly available in advance of each meeting.  It was noted that the Forum is compliant by publishing dates, times, venues in addition to agendas, papers and minutes on the local authority website.

 

Working Groups

 

It was open to School Forums to set up working groups of members to discuss specific issues and can include wider representation. The Havering Schools Funding Forum has previously appointed such groups.

 

Urgent Business

 

It is recommended that the local authority agree with its School Forum an urgency procedure to be followed when there is a genuine business need prior to the next scheduled meeting.  The Forum agreed to decide that urgent business would be conducted by email and telephone.

 

It is not legal for the Chair to take a decision on behalf of the Schools Forum no matter how urgent, however, The Forum could put in place a procedure for the Chair to give the local authority a view on such an issue.

 

Resources of the Schools Forum

 

The costs of a Schools Forum fall in the centrally retained budget portion of the Schools Block of local authorities.  The median budgeted expenditure for 2013-2014 was £24,158.  It was noted that the Havering Forum costs were £40,000.

 

Effective School Forums

 

The characteristics of the relationship between the local authority and the Forum are outlined as follows:

 

·      Partnership: Having a shared understanding of the priorities, issues and concerns of schools, academies and the local authority.

·      Effective Support: The business of the Schools Forum is supported by the local authority in an efficient and professional manner.

·      Openness: It is important that a Schools Forum feels it is receiving open, honest and objective advice from its local authority.

·      Responsiveness: Local authorities should as far as possible be responsive to requests from their Schools Forums and their members. Schools Forums themselves should also be aware of the resource implications of their requests.

·      Strategic view: Members of Schools Forum should consider the needs of the whole of the educational community, rather than using their position on a Schools Forum to advance their own sectional or specific interests.

·      Challenge and Scrutiny: Schools Forums may be asked to agree to proposals from their local authority that will have an effect on all schools and academies in the local area. The extent to which Schools Forums can scrutinise and challenge such proposals is an important aspect of their effectiveness.

 

Induction of New Members

 

New members should receive inductions materials. The Havering Forum currently sends new members the Good Practice Guide, however, it was acknowledged that it may worthwhile developing an induction process.

 

Training

 

Forum members should be able to use some of the budget set aside for running costs for accessing relevant training activities either provided by local authority officers or at national or regional events.

 

Agenda Setting

 

An effective process of setting the agenda for a meeting or cycle of meetings. Officers advised that the timetable for setting the Havering Forum agendas are set by the requirements of the DFE and the agreement of statutory documents.

 

Preparation for a Schools Funding Forum Meeting

 

Papers for meetings should be concise, informative and produced in a timely manner.  Havering Forum papers are summarised and issued before each meeting.

 

Meeting papers should be of a standard agreed by the Forum.

 

Papers should be publicly available on a website in advance of the meeting for access by interested parties and for representatives to discuss thus ensuring they are properly briefed. The Havering Schools Funding Forum publishes the agenda and papers one week before the meeting.

 

School Forums can adopt flexible arrangements for time immediately prior to the meeting either for training purposes of for members who wish to discuss the agenda.

 

Chairing the Schools Forum

 

The Chair plays a key role in setting the tone, pace and overall dynamic of the Forum.  They should provide an environment where all members are able to contribute fully to the discussions and guide the Forum to making well informed decisions.

 

The relationship between the Chair and the local authority is vital and the Chair should be clear on the substance of the agenda items and understand the issues involved and the decisions that need to be taken.  The current Chair and officers of the local authority exchange emails.

 

The Chair should represent the views of the Forum back to the local authority and can make suggestions for improvements in the conduct of the Forum’s business.  The Chair can also defer any agenda item with the support of the Forum if it is felt there is insufficient information to make an informed decision.

 

The independence of the Schools Forum is paramount and the role of the Chair should not be a paid position. Officers confirmed there is no remuneration for the role of Chair.  

 

Clerking the Schools Forum

 

It is recommended that consideration be given to utilise an independent clerk.  Officers confirmed that the clerk is a local authority employee but from Committee Administration in Democratic Services.

 

 

The clerk can:

 

·         provide the route by which Schools Forum members can access further information and co-ordinate communication to Schools Forum members outside of the formal meeting cycle;

·         respond to any queries about the business of the Schools Forum from head teachers, governors and others who are not on the Schools Forum themselves;

·         be responsible for ensuring contact details of all members are up to date;

·         maintain the list of members on the Schools Forum and advise on membership issues in general;

·         assist with the co-ordination of nomination/election processes run by the constituent groups;

·         keep the Schools Forum website up to date: e.g. by posting latest minutes and papers etc;

·         monitor, on a regular basis, the Schools Forum and general Schools Funding section of the Department for Education (DfE) website or the gov.uk website; and arrange for the distribution of any relevant DfE information to Schools Forum members;

·         if appropriate, provide technical advice in relation to the Schools Forum regulations and in relation to the operation of a Schools Forum’s local constitution;

·         organise, operate and record any voting activity of the Schools Forum in line with the provisions of its local constitution

 

Good Practice for Schools Forums Meetings

 

The use of nameplates showing which group each member represents is good practice. It was agreed to consider this.

 

Communication

 

Communication to the wider educational community of the discussions and debates of the Forum is fundamental.  It was agreed to reinstate a brief email to all schools, early years providers and other stakeholders after each Forum meeting informing them of discussions with a link to the full papers and minutes.

 

The Forum noted the paper and were advised by officers that Schools and Funding Forums were subject to inspection. A peer review was being conducted by way of telephone interviews. The Chairman asked that members contact Mary Pattinson to discuss this further as appropriate.