The City Solicitor will report the names of alternate Members who are attending the meeting in place of appointed Members.

To receive disclosures of interests from Members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it only becomes apparent to the member during the meeting.

Recommended –

That the minutes of the meeting held on 11 July 2018 be signed as a correct record (previously circulated).

a) To agree the minutes of 11 July 2018 as a correct record.

b) The Business Adviser (Schools) reported on progress made on “Action” items:

·         Item 317 page 99 BSF / PFI: The Authority has contacted affected schools and academies and there is a confidential item presented to this meeting.

·         Item 319 page 100 Under-subscription and place-planning: A report is presented to this meeting.

·         Item 320 page 101 SEND & SEMH Reviews: An update, together with the draft SEND strategy is presented to this meeting. The Local Authority has written to Lord Agnew regarding capital funding for SEND places expansion. A letter from the Schools Forum will be drafted and it is planned for this to incorporate the DfE’s initial response to the Authority’s letter.

·         Item 321 page 101 Schools Forum Membership: The Business Advisor (Schools) confirmed that Dianne Richardson has been nominated as Chair of the Schools Forum for 2018-19 and Ian Morrel has been nominated as Vice Chair. Dianne and Ian were the only nominations for their respective roles.  The Business Advisor also confirmed that the DfE’s announcements over summer regarding National Funding Formula (NFF) do not alter the Forum’s composition or role for 2019/20. The DfE has published this week an update of its Schools Forum good practice guidance, which has been quickly reviewed but will be considered in more detail.

·         Item 323 page 103 NFF and DSG: Updates on both NFF and DSG are presented to this meeting. The 3 FFWG meetings are still scheduled and Forum Members are encouraged to book on one of these.

·         Item 324 page 103 Scheme / CSOs Revision Consultation: The consultation document was published and the response period has been extended as requested to 12 October. A reminder was placed on Bradford Schools Online at the beginning of term. The outcomes of the consultation will be presented to the Schools Forum on 17 October.

Other Matters Arising

·         DSG Brought Forward Balance final confirmation 2017/18: The Business Advisor (Schools) presented the single page document included within the agenda reports pack, which confirms for Members the final DSG brought forward balance from the 2017/18 financial year. This is £11.363m, which is 2% of the overall DSG. The only difference from the figures presented now from those presented to the Forum in May is the brought forward balance in the Early Years Block, which has been updated for the DfE’s final allocation confirmed in July. The report separates the £11.363m into blocks and the Business Advisor reminded Members of the extent to which these balances are already mostly committed:

o   In the Schools Block: in particular to de-delegated fund balances, the financial support model for Beckfoot Upper Heaton and for growth fund and deficit budget provisions.

o   In the High Needs Block: to support transition and managing growing financial pressure.

o   In the Early Years Block: to enable us to hold base rate funding within the EYSFF for 3&4 year olds at a level higher than the DfE’s EYB funding would otherwise permit.  ...  view the full minutes text for item 334.

Members will be asked to consider any issues raised by schools.

Recommended –

The Schools Forum is asked to agree the proposed application to the ESFA for a ‘disapplication’ related to the lump sum allocated to Silsden Primary School in 2019/20.

The Business Advisor (Schools) reported that an approach has been made by Silsden Primary School requesting that an additional year of lump sum support is provided to support the school’s amalgamation from 2 separate schools on 2 sites to 1 school on 1 site at September 2020. This request is set out in a separate single side document within the agenda papers.

The Schools Forum is recommended to approve the Authority’s approach to the ESFA for a ‘disapplication’ to enable this lump sum support to be provided. The specific additional support provided would be £44,000 in 2019/20 only.

Resolved –

That a submission to the ESFA for a ‘disapplication’ related to the lump sum allocation to Silsden Primary School in 2019/20 be approved.

Action:          Business Advisor (Schools)

There are no new allocations for consideration at this meeting. Proposed allocation to the secondary phase will be presented at the next meeting.

(Andrew Redding – 01274 432678)

The Business Advisor (Schools) stated that he expected to present proposed allocations to the secondary phase to the 17 October meeting, subject to the October Census information being available. If the Census data is not available in time, these allocations will be presented to the Schools Forum meeting on 5 December and schools / academies will be notified of provision allocations as soon as possible to aid their budget planning.

No resolution was passed on this item.

A progress update will be provided on the Authority’s strategic reviews of SEND and Alternative Provision, Document JB. This update includes continued discussion on matters presented to the Schools Forum on 11 July as well as the Authority’s consultation on the District’s SEND Strategy.

Recommended –

Members are asked to consider and to note the update.

(Lynn Donohue – 01274 439606)

A progress update was provided on the Authority’s strategic reviews of SEND and Alternative Provision, Document JB. This report included an update on matters presented to the Schools Forum on 11 July as well as the Authority’s consultation on the District’s SEND Strategy.

The presentation of this item was led by the Authority’s SEND and Behaviour Strategic Manager, who focused on the Authority’s proposed SEND strategy as well an update on the status of the development of the new SEMH Free School. She also reported that the Authority has submitted a response to the DfE’s “pre-registration” request at the beginning of September to register that we wish to develop new free school provision for generic provision, ASD specialism and alternative provision.

In the discussion that followed the presentation of the report, Forum Members asked the following questions and made the following comments:

• Whether wave 13 of free schools has now been replaced or has ceased? The SEND and Behaviour Strategic Manager responded that wave 13 is now purely about mainstream provision. Schools and academies in the District are registering their interest in developing mainstream provision and the DfE has written to the Authority to seek our views on these applications.

• Whether in submitting this “pre-registration” for new special schools the Authority quoted any figures on the number of places to be delivered. The SEND Manager stated that no figures were provided at this stage; our response was purposely left non-specific to enable continued discussion with the DfE.

• The DfE may have “moved the goal-posts” with regard to the SEND / AP free school programme, but Bradford’s landscape has not altered and work has taken place over the last 2 years on the development of new provision. Why has this landscape and development work not been explicitly written into the SEND Strategy? We should now be much more direct about what we need and our strategy for delivering this irrespective of whether / how the DfE’s “goal-posts” are moved.

The Deputy Director, Education and Learning, having been in post for 3 days, responded to explain that an SEND strategy is wider than education and that we must work to tie the whole system together. She stated that, in her view, an opening date of September 2020 for the new SEMH Free School is unrealistic, as is a reliance on the DfE’s free school programme to deliver a sufficient number of SEND / AP places. Our “Plan B” is actually “Plan A”. We must plan on the basis that we are unlikely to get free school provision from the DfE’s programme. We need to pull this plan together quickly.

• Whether the figures regarding the development of places quoted in the SEND strategy document are ‘additional places’ (in that these have adjusted our proportion of children with EHCPs in mainstream and specialist provision) or whether they have simply met the growth in demand for places that has come from demographic pressure. The SEND Manager advised that a response to this question  ...  view the full minutes text for item 337.

The Business Advisor (Schools) will present a report, Document JC, which provides an update on the implementation of the National Funding Formula. This report follows from the information presented to the Schools Forum on 11 July, which was based on our initial assessment of the announcements made by DfE in June and early July on the National Funding Formula future policy direction and 2019/20 DSG arrangements.           

Recommended –

The Schools Forum is asked to note the information presented and to begin to consider the implications for the 2019/20 DSG budget planning round.

(Andrew Redding – 01274 432678)

The Business Advisor (Schools) presented a report, Document JC, which provided a briefing on the implementation of the National Funding Formula. This report followed from the information presented to the Schools Forum on 11 July.    

The Business Advisor explained that the briefing given in Document JC sets the scene for the decisions that will need to be taken in the management of the DSG for the 2019/20 financial year. He emphasised that Authority, with the Schools Forum, will continue to have management responsibility of Schools Block funding formula in 2020/21. He also explained that further sight of funding arrangements post 2019/20 is unlikely to be achieved until autumn 2019, depending on the timing of announcements from the Spending Review. There are a number of quite crucial matters that will be uncertain until this, including the continuation of funding protection for maintained nursery schools and movement towards the NFF end product in the Schools and the High Needs Blocks.

The Business Advisor emphasised again for Members how the current damping in the High Needs Block settlement means that we do not receive £12.4m of high needs funding that the NFF should allocate to us. Referring to the next agenda item, he introduced the proposal in outline for a 0.5% transfer to be enacted from the Schools Block to the High Needs Block in 2019/20. He explained that this will be a key point for discussion in the scheduled FFWG sessions. In response to a Member’s question, the Business Advisor stated that it is a reasonable assumption that the £12.4m of ‘owed’ high needs funding will not be released in the short or medium terms and that the Authority has to plan its DSG management on this basis. The Vice Chair emphasised that the impact of any decision to move Schools Block monies to the High Needs Block in 2019/20, especially where we continue to rely on mainstream settings in supporting children and young people with SEND, must be analysed.

The Business Advisor also emphasised again how reliant primary and secondary schools and academies in Bradford are on the Minimum Funding Guarantee, and that the level at which this is set in 2019/20 is a key decision. He explained that, at a simple level, the difference in the level of MFG set with a Schools Block transfer to the High Needs Block of 0.5% and the level of MFG set without this is about 0.5%; the difference between a 0.5% and a 0% MFG.

Resolved –

That the information in Document JC be noted.

The Business Advisor (Schools) will present a report, Document JD, which outlines the working principles that are being considered in the development of Bradford’s formula funding arrangements for 2019/20. The Authority will present formal consultation reports, for the Schools Block, Early Years Block and High Needs Block, to the Schools Forum at the next meeting, with these consultations being published immediately after. Following this timetable, responses to these consultations will be considered by the Forum at its December meeting. The Schools Forum will be required to make its final recommendations on 2019/20 DSG and formula funding arrangements at its January 2019 meeting.

Forum Members are invited to attend a ‘Formula Funding Working Group’ session, on Monday 1 October (8am) or Tuesday 2 October (8am) or Thursday 4 October (8am). These sessions will enable Forum Members to consider in more detail the impact of formula funding decisions and to explore and guide the proposals for 2019/20 that will be set out for consultation in October.

Recommended –

(1)       The Schools Forum is asked to consider the working principles.

(2)       Members are invited to attend a ‘Formula Funding Working Group’       session.

(3)       Members asked to discuss how best to communicate as early as          possible this term with schools and other providers, and collect        feedback, about arrangements for 2019/20 (in advance of more          formal consultation beginning in October).

(Andrew Redding – 01274 432678)

The Business Advisor (Schools) presented a report, Document JD, which outlined the working principles that are being considered in the development of Bradford’s formula funding arrangements for 2019/20.

He explained that the Authority will present formal consultation reports, for the Schools Block, Early Years Block and High Needs Block, to the Schools Forum at the next meeting, with these consultations being published immediately after.

Forum Members are invited to attend a ‘Formula Funding Working Group’ session, on Monday 1 October (8am) or Tuesday 2 October (8am) or Thursday 4 October (8am). These sessions will enable Forum Members to consider in more detail the impact of formula funding decisions and to explore and guide the proposals for 2019/20 that would be set out for consultation in October.

The Business Advisor also referred to the currently live reviews of special school funding and Early Years SEND inclusion funding.

Resolved –

(1)  That the information in Document JD be noted.

(2)  Members are encouraged to attend a ‘Formula Funding Working Group’ session to discuss the matters raised in Document JD in more detail before more formal consultation documentation, which will set out proposals for 2019/20 formula funding arrangements, is presented to the Forum at the next meeting.

Action:          Business Advisor (Schools)

The Business Advisor (Schools) will present a report, Document JE, which enables the Schools Forum to more closely consider the Authority’s school organisation strategy and the impact that falling rolls (under-subscription) is having on some schools in the District and the options that may be available to support these schools.

Recommended –

The Forum is asked to consider the information presented in Document JE and to provide an initial steer to the Authority on whether / how schools facing under-subscription could be supported financially from the DSG.

(Andrew Redding – 01274 432678)

The Business Advisor (Schools) presented a report, Document JE, which asked the Schools Forum to more closely consider the Authority’s school organisation strategy and the impact that falling rolls (under-subscription) is having on some schools in the District and the options that may be available to support these schools. The Business Advisor asked Forum Members for an initial steer on whether the options for supporting schools and / or academies from the DSG should be considered in more detailed. If the Forum requests this then a follow up report will be presented to the next meeting.

Summarising the Forum’s initial discussion on this matter, Members agreed that the options for financial support, through a Falling Rolls Fund and / or through the use of funding for exceptional circumstances de-delegated from maintained schools, should be considered in more detail.

• There is a level of ‘moral responsibility’ to ensure that schools facing exceptional circumstances receive appropriate support to maintain standards.

• The Deputy Director stated that a Falling Rolls Fund operated in her previous authority and this this added value.

Forum Members however, recognised that there may be potential difficulties with such support mechanisms, including how criteria could identify exceptional circumstances without removing the expectation that schools will take appropriate budget action,  the cost to schools of the additional ‘top-slice’ that would be required, and the application of the restrictions that are placed by the DSG Regulations. For example, financial support can only be provided to schools and academies from a Falling Rolls Fund where these are judged Good or Outstanding by Ofsted. De-delegated funding only applies to maintained schools.

The longevity of mechanisms (under NFF transition) must be considered.

The ‘fairness’ of an approach needs to be tested. It was recognised by Members that such mechanisms would not provide support in all cases, including to academies that may admit a significant number of pupils (a bulge) after the Census is taken.

Forum Members formed an initial view that financial support should only be temporary / transitional, that the potential cost going forward (and the number of schools and / or academies going forward that would potentially be eligible) should be modelled, and that options should be considered to enable support to be provided on an ‘individual cost basis’ rather than a blanket formula. The Forum also indicated that it may wish to look at the extent to which any mechanism would only be applied to a specific phase (primary or secondary).

Resolved –

(1)  That the establishment of a new mechanism (a Falling Roll Fund and / or expanded de-delegated support fund arrangements) within the DSG Schools Block, which would be available to support schools in managing the impact of falling rolls and / or under-subscription, be supported in principle and be further explored.

(2)  That a more detailed options report, with an impact analysis, be presented to the next meeting.

Action:          Business Advisor (Schools)

The Business Advisor (Schools) will present a report, Document JF, which outlines the School Forum’s 2018/19 Academic Year work programme.

Recommended –

The Forum is asked to note the proposed programme and to consider whether any additional items should be added at this stage.

(Andrew Redding – 01274 432678)

The Business Advisor (Schools) presented a report, Document JF, which outlined the School Forum’s 2018/19 Academic Year work programme.

Forum Members did not comment on this item and did not ask any questions.

Resolved –

That the proposed programme, Document JE, be noted.

The Schools Forum will be asked to consider if the agenda item relating to PFI / Building Schools for the Future (BSF) contractual matters should be considered in the absence of the public and, if so, to approve the following recommendation:

Recommended –

That the public be excluded from the meeting during the discussion of the following item (item *12) on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if they were present exempt information within Paragraph 3 (Financial or Business Affairs) of Schedule 12A of the Local Government Act 1972 (as amended) would be disclosed and it is considered that, in all the circumstances, the public interest in allowing the public to remain is outweighed by the public interest in excluding public access to the relevant  part of the proceedings for the following reason: commercial confidentiality." 

(Andrew Redding – 01274 432678)

The Schools Forum was asked to consider if the agenda item 340 relating to PFI / Building Schools for the Future (BSF) contractual matters should be considered in the absence of the public.

Resolved –

That the public be excluded from the meeting during the discussion of the following item (item *9) on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if they were present exempt information within Paragraph 3 (Financial or Business Affairs) of Schedule 12A of the Local Government Act 1972 (as amended) would be disclosed and it is considered that, in all the circumstances, the public interest in allowing the public to remain is outweighed by the public interest in excluding public access to the relevant  part of the proceedings for the following reason: commercial confidentiality." 

Lead:             Business Advisor (Schools)

The Schools Forum will be asked to consider the information presented. This agenda item follows from considerations in recent meetings and the request made at the last meeting for more detailed discussion.

*Note: The Schools Forum will have previously considered excluding the public from consideration of this matter under item 11 above.

(Andrew Redding – 01274 432678)

The Schools Forum was asked to consider the information presented. The agenda item followed from considerations in recent meetings and the request made at the last meeting for more a detailed discussion.

This resolution is confidential and exempt information under Paragraph 3 (Financial or Business Affairs) of Schedule 12A of the Local Government Act 1972 (as amended).

Updates on the following Forum standing items will be provided verbally where these have not been covered within other agenda items:

·         Update from the Schools Financial Performance Group (SFPG)

·         Update from High Needs Block Steering Group (HNBSG)

·         Update on School / Academy Budgets

·         Update from the Early Years Working Group (EYWG)

·         Update from the Formula Funding Working Group (FFWG)

·         Update on Primary School Places

·         Update on Academies & Free Schools

Recommended –

The Forum is asked to note the information provided.

(Andrew Redding – 01274 432678)

Updates on the Forum’s standing items are provided verbally where these have not been covered within other agenda items.

Under ‘update on academies and free schools’ the Business Advisor (Schools) reported that there have been 5 further conversions of primary schools since the last Schools Forum meeting and that there are now 116 local authority maintained schools.

Resolved –

That the information provided be noted.

Members will be asked for any additional items of business, for consideration at a future meeting.

No resolution was passed on this item.

Please see the published schedule of meetings – the next Forum meeting is scheduled for Wednesday 17 October 2018.

(a) Denotes an item for action

(i)  Denotes an item for information

Please see the published schedule of meetings – the next Forum meeting is scheduled for Wednesday 17 October 2018.

FROM:                        Parveen Akhtar (City Solicitor)

                        City of Bradford Metropolitan District Council

Contact Asad Shah:  01274 432280

Committee Secretariat

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