Agenda item

To consider a report by Councillor Gill German, Deputy Leader and Lead Member for Education, Children and Families (copy enclosed) seeking Cabinet approval to submit the draft Strategic Outline Programme for the Sustainable Communities for Learning Programme to the Welsh Government for their consideration.

RESOLVED that Cabinet –

 

(a)      approves the submission of the draft Strategic Outline Programme for the Sustainable Communities for Learning Programme (Appendix 1 to the report) to the Welsh Government for their consideration, and

 

(b)      confirms that it has read, understood and taken account of the Well-being Impact Assessment (Appendix 3 to the report) as part of its consideration.

Councillor Gill German presented the report seeking Cabinet approval to submit the draft Strategic Outline Programme (SOP) for the Sustainable Communities for Learning Programme to the Welsh Government (WG) for their consideration.

 

The WG had changed its approach to delivering the Sustainable Communities for Learning Programme (formerly 21st Century Schools), moving away from 5 year bands of investment to a more flexible approach over a longer 9 year time period divided into 3 blocks of 3 years each.  Local authorities had been asked to update their SOP under the new structure with projects essentially ready for business cases to be brought forward in the first 3 years, projects being developed and going through the statutory consultation in the second 3 years and pipeline projects for the final 3 years.  The programmes would be reviewed every 3 years.

 

The proposals and reasoning behind phasing the Council’s school investment over the next 9 years had been set out in the report and by the Lead Member, in brief –

 

·       due to delays the 4 Band B projects (Ysgol Plas Brondyffryn, Ysgol Pendref, Ysgol Bryn Collen/Ysgol Gwernant, and Denbigh High School) would not be delivered within the original timescales and given current financial pressures there was a need to reconsider what was affordable over what time period. It was recommended the commitment to developing all 4 Band B projects be retained and incorporated into the new SOP, but the development timescales be reprofiled to spread out the revenue pressures over a longer period

·       an additional project was also proposed to be included in the SOP to be brought forward in the first 3 year timeframe relating to a small extension at Ysgol y Castell which was at risk due to increased costs; its inclusion in the programme would allow it to proceed with no borrowing requirements by the Council with the match funding required being provided by Section 106 developer contributions

·       the Council was required to make a capital contribution to the current Band B projects which would be funded via prudential borrowing.  If all Band B projects rolled over to the first 3 years it was likely that further cuts to services, including delegated school budgets, would be needed to fund the borrowing costs, hence the proposal to stagger that borrowing over a more manageable timeframe

·       as Ysgol Plas Brondyffryn was the most advanced project it was proposed that investment in that school be sought in the first 3 year period with the less advanced Band B projects being included in the second 3 year period (2027 – 2030), and in the final 3 year period (2030 – 2033) consideration would be needed to progress further ambitions dependent on the financial position at the time of the first review in 2027.  It was accepted that the proposal would be a blow to those schools who may need to wait longer for the improvements needed but work would continue towards realising those ambitions as quickly as possible including any interim work that could be progressed in the meantime.

 

The Corporate Director: Social Services and Education, Head of Education and Principal Manager – School Support were also in attendance for this item.  The Head of Education added that there were difficult and unpopular decisions to be made but given the financial climate it was heartening that the Council’s ambitions for the investment in those schools was being retained over the next number of years.  WG’s expectation for the first 3 year period was for projects that were deliverable within that period to be progressed which was why Ysgol Plas Brondyffryn had been proposed given the project was currently at RIBA Stage 3.

 

Cabinet considered the contents of the report and the implications for schools in the programme as a result of the recommendations.  Councillor Julie Matthews highlighted the urgent need for the specialist provision provided by Ysgol Plas Brondyffryn.  In response to questions, it was confirmed the school was currently oversubscribed with a waitlist and pupils were also waiting for formal assessments and diagnosis to be able to access the provision.  The wider added pressures on mainstream schools were also highlighted and potential for placing more children out of county.  The project would allow demand for that provision to be met via the increase in capacity from the current 133 pupils to an overall capacity of 220 pupils.  It was noted that 16% of those current pupils resided outside of the county.

 

Councillor Rhys Thomas highlighted a number of risks and uncertainties arising from the proposed rolling programme of projects including planning permission for Ysgol Plas Brondyffryn, potential legal challenge to the process as set out in the School Organisation Code, lack of buy-in from Denbigh Member Area Group, local neighbouring school, businesses and organisations that would be impacted as a result of the proposals, uncertainties around inflation and future WG funding and political changes.  Given those reservations he felt unable to support the proposals and raised a number of questions on those matters.  Councillor Gwyneth Ellis considered progression of the programme to be a risk given the financial predictions in the medium-term which effectively resulted in the Cabinet having to prioritise projects because schools first on the list were more likely to be completed.  She did not consider the progression of those schemes which were more advanced to be the correct way of prioritising projects.  Councillor Emrys Wynne asked for the wording in the Wellbeing Impact Assessment to be strengthened to make it mandatory for the building to deliver bilingual signage within the school.

 

The Lead Member and officers responded to the issues raised as follows –

 

·       there was a risk associated with securing planning approval for the preferred site for Ysgol Plas Brondyffryn and if planning permission was refused the matter would need to be reconsidered by Cabinet and the SOP resubmitted

·       any resubmission of the SOP would need to fulfil WG’s criteria and meet the requirements of the grant for the next stage; there was an agreement with WG and a funding allocation to Denbighshire for the project

·       the programme for Band A projects was given as an illustrative example where the final programme had been different to the original approved programme and a partnership approach was taken with the WG which had allowed projects to be changed during the lifetime of that programme to successfully deliver projects; that approach would also be taken with the SOP to reflect changing priorities

·       in terms of the potential for rising inflation, increased costs, and impact on projects in future years no specific assurances could be given as that situation was unknown, but assurance was provided that officers would work with stakeholders with a view to fulfilling the intention of the SOP

·       it was noted that many of the risks and uncertainties raised were common to all capital projects and those risks needed to be weighed up and a decision made

·       WG had been clear in their requirements that priority should be given to projects that could be delivered and completed in the first 3 year period.  The Ysgol Plas Brondyffryn project met the expectations of WG for completion within timescale and the budget was in place, and there was a need to expand capacity for specialist provision with implications on pupils, other schools, and costs if those needs could not be met.  If any of the other projects were to be prioritised, they would not be completed within the timeframe required by the WG

·       agreed to look to change the wording in the Wellbeing Impact Assessment to make it clear that bilingual signage in schools was a requirement.

 

The Leader opened the debate to non-Cabinet members.  Councillor Delyth Jones pointed out the need for both pupils with Additional Learning Needs and pupils in schools in deprived areas with unsuitable learning environments, and the difficulties in prioritising one cohort over another, and raised questions regarding the progression of the projects and timescales provided.  Councillors Mark Young and Pauline Edwards elaborated on emails they had sent to Cabinet setting out their concerns regarding the report recommendations and any delay to the progression of Denbigh High School and Ysgol Pendref respectively given the current building conditions and urgent work required and the impact it would have, particularly in an area of deprivation.  Councillor Young raised a number of questions regarding the funding elements and member engagement and asked that the Cabinet decision be deferred pending further debate and consideration by the local members and wider council.  Councillors Merfyn Parry and Huw Hilditch-Roberts also voiced their views and concerns regarding the lack of engagement and buy-in from local members and rationale for the recommendations, with Councillor Hilditch-Roberts suggesting that the rationale be based on the pupil need per head.

 

The Lead Member and officers responded to the questions and comments, together with further supplementary questions raised as follows –

 

·       all schools put forward in the SOP had need of investment and ambitions for those schools remained as priority areas but the WG guidance was clear that the first 3 year period must include the most advanced and ready to be brought forward.  Work would continue on those other projects during the first 3 year period to ensure they could move forward at pace in the second 3 year period

·       it would take around 111 weeks for projects to reach RIBA Stage 3 and be construction ready; the earliest Ysgol Pendref could start work on site would be 2026 and the proposal was to start Spring 2027, the earliest construction could start on Denbigh High School site would be April 2027, and on that basis, there was no long delay in commencement of the projects

·       the level of need and deprivation in the area was accepted and support was provided through Community Focused Schools and other funding elements

·       there were various reasons why projects developed at different rates, particularly given different pathways were followed and evolved as part of the process which were beyond the capacity and control of the Council

·       all projects had been carried out in parallel.  Delays to the Ysgol Pendref project had been due to issues over site selection resulting in the decision to remodel the existing school and the Denbigh High School project was linked to the Ysgol Plas Brondyffryn project.  Reference was also made to the needs of Ysgol Bryn Collen / Ysgol Gwernant in Llangollen who were also sharing many facilities

·       there had been numerous discussions at Denbigh Member Area Group regarding the school projects.  The current decision around the SOP was a Cabinet decision and the same processes had been followed previously for Band A projects – the decision had not been called into scrutiny or submitted to scrutiny.  The various elements of the wider rolling programme had been to Cabinet four times since April 2022

·       if all projects were progressed at pace the impact of the prudential borrowing required meant that savings would need to be found elsewhere which would inevitably impact on schools’ budgets; there was also a need to meet the WG’s expectations in order to secure the necessary match funding for the projects

·       the reduction in the maintenance grant for school buildings was also a challenge and discussions were ongoing to explore the possibility of using revenue maintenance funding as the match funding element of the programme for Denbigh High School so there was no borrowing cost to Denbighshire

·       the Council met all of its legal obligations in respect of the school estate with regular condition surveys and maintenance and refurbishment work carried out.  There was a process which was being followed as sedulously as possible

·       no project had been delayed to date due to budgetary decisions.  The current recommendation was to widen the length of time taken to complete the Band B projects due to the impact of borrowing costs on the revenue budget

·       reiterated if a decision was made to prioritise a different school project in the first phase it would not be possible to deliver the project in the first 3 year period

·       between 2018/19 – 2023/24 around £1.5m had been spent across all sites with the majority of spend on Ysgol Plas Brondyffryn due to the work on the business case and reaching the planning stage, and most of that had been funded by the Council.  Usual practice was that design costs were used for match funding later in the project so that funding was effectively claimed back at a later stage

·       if previous considerations had been based solely on the number of pupils impacted no smaller rural schools would have been built and many rural schools would have closed. There had been many considerations for the original Band B projects including condition, suitability, capacity and sufficiency and the impact.  Demand for specialist provision was not being met with pupils waiting for places in Ysgol Plas Brondyffryn. Whilst accepting the condition of the other schools, all pupils had a school place with good teaching and learning meeting their needs.

 

The Leader accepted that it was an extremely difficult decision which had to be made in the context of the serious financial challenges facing the authority and the borrowing impact.  All of the school projects had a valid case in terms of need, and he thanked everyone for their views and contributions to the debate.

 

RESOLVED that, by majority vote, Cabinet –

 

(a)      approves the submission of the draft Strategic Outline Programme for the Sustainable Communities for Learning Programme (Appendix 1 to the report) to the Welsh Government for their consideration, and

 

(b)      confirms that it has read, understood and taken account of the Well-being Impact Assessment (Appendix 3 to the report) as part of its consideration.

 

At this point (12.15 pm) the meeting adjourned for a refreshment break.