Agenda item

Notice of items which, in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act 1972.

 

The Chair has permitted that the following be considered as urgent items of business:

 

(4i)      Cabinet’s decision of 2 June 2015 relating to Ysgol Llanfair Dyffryn Clwyd and Ysgol Pentrecelyn (report attached)

(9:35am – 10:35am)

 

(4ii)     Cabinet’s decision of 2 June 2015 relating to Ysgol Rhewl (report attached)

(10:45am – 11:45am)

 

The Chair advised that decisions taken by Cabinet at its meeting on 2 June 2015 to approve the publication of a statutory notice to close Ysgol Llanfair Dyffryn Clwyd (Llanfair DC) and Ysgol Pentrecelyn had been called in for review.   Also the decision taken to approve the publication of a statutory notice to close Ysgol Rhewl had been called in for review.  Consequently, in order to comply with the Council’s Call-In Procedure Rules, which stipulated that a scrutiny committee had to consider a called-in decision within five working days, he had agreed to consider the matters as urgent items of business on the current meeting’s agenda.  All Committee members, including co-opted members had been furnished with copies of the reports and appendices considered by Cabinet at its meeting on 2 June 2015.

 

As Cabinet’s decision of 2 June 2015 related to the Council’s education provision, the Authority’s statutory education co-opted Members on Scrutiny were permitted to participate fully in the consideration of the ‘Called-In’ decisions as full voting Members of the Committee.

 

Call-in of the decision to publish statutory notices for the Proposed Closure of Ysgol Llanfair DC and Ysgol Pentrecelyn.

 

Denbighshire’s Cabinet at its meeting on 2 June 2015 approved the following recommendation:

 

“(a) to note the findings of the formal consultation for the closure of Ysgol Llanfair DC and Ysgol Pentrecelyn and the opening of a new area school on the two existing sites;

(b) to approve the publication of a statutory notice for Denbighshire County Council to close Ysgol Llanfair DC and Ysgol Pentrecelyn on 31 August 2016; and the Church in Wales to establish a new Voluntary Controlled Area School on the existing sites from 1 September 2016, and

(c ) to note the option for parents to apply to send their children to Ysgol Pen Barras as an alternative school should they wish their children to remain within a Category 1 school.”

 

The above decision was published on the Council’s website on 3 June 2015 and in accordance with the Council’s Call-In Procedure Rules, the decision was not implemented immediately enabling non-Cabinet members to call-in the decision for examination, if they felt it merited scrutiny.

 

A “Notice of Call-In” form, signed by the required number of non-Cabinet Councillors, was received on 5 June 2015.

 

The grounds for the call-in decision were:

 

(i)              Lack of explanation what Category 1 and Category 2 meant;

(ii)             Were the guidelines followed for the closure of rural schools?;

(iii)            Was the correct data given regarding the schools – pupil data numbers?; and

(iv)           The process was not followed correctly against local and national priorities.

 

Performance Scrutiny Committee Members were requested to determine, based on the information presented to them, whether the Committee believed that Cabinet should review its original decision, and if so, on what grounds.

 

 

Councillor Arwel Roberts introduced the call-in request and began the debate by outlining the four points which were the grounds for the call-in.

 

The Lead Member for Education and officers in attendance responded to the points raised and to Committee Members’ questions as follows:

 

(i)              The Council categorised its education provision in line with the Welsh Assembly Government’s Information Document Number 023/2007, issued in October 2007.  Every Council in Wales had been expected to adhere to the guidelines when categorising their education provision.

 

Category 1 primary schools were Welsh medium schools.  The curriculum delivery, assessments, and day to day communication language with the pupils was Welsh.   It was expected that pupils would easily transfer to Welsh medium secondary provision at the end of Key Stage (KS) 2.  Pupils would also have reached a standard in English equivalent to pupils in predominantly English medium schools.

 

Category 2 primary schools were dual stream primary schools.   The schools provided Welsh medium and English medium provision side by side.  Dependent upon parental choice, the curriculum was delivered through either the medium of Welsh or English.  The expectation for Category 2 schools was that pupils in the Welsh stream would be able to transfer to Welsh medium secondary provision, the same as Category 1 schools.  The English stream would able to transfer to an English medium secondary provision the same as pupils from a Category 5 primary school.

 

The Lead Member for Education, Councillor Eryl Williams read an extract from the draft minutes of the Cabinet meeting, held on 2 June, to evidence that a full and comprehensive explanation had been given on the categorisation of primary education provision.

 

The categorisation terminology in primary and secondary schools was different and this had the potential to cause confusion.  Category 2 in the primary sector were dual stream schools, whilst Category 2 in the secondary sector were known as bilingual schools.

 

The Welsh Government (WG) was keen for Wales to be a bilingual country in the long-term, therefore, all schools were expected to deliver an element of Welsh language education.  All Councils were obliged to have a Welsh in Education Strategic Plan (WESP).

 

Denbighshire County Council had been committed to improve its school pupils’ proficiency in both Welsh and English.  The Council’s Welsh in Education Strategic Group (WESG) which monitored the delivery of the WESP also had a role in ensuring that all schools moved along the language continuum to deliver more elements of the curriculum through the medium of Welsh.

 

(ii)             The code followed for the reorganisation of educational provision was the WG’s School Organisation Code, Statutory Code number 0006/2013, issued July 2013.  This Code had been followed in the case of Ysgol Llanfair DC and Ysgol Pentrecelyn. 

 

The Code required that a Community Impact Assessment (CIA) be undertaken with respect to any closure proposals.  A CIA had been undertaken with respect to the Ysgol Llanfair DC and Ysgol Pentrecelyn proposal.

 

The proposals relating to both schools were part of the wider review of primary education provision within the Ruthin area.  The proposal put forward had been identified as the best solution for the delivery of education in the Llanfair DC and Pentrecelyn areas as it delivered a community school which would provide education to pupils in their parents’ choice of language.  It would also provide the area with a new school facility in due course.

 

As Ysgol Llanfair DC had a Welsh medium stream, this delivered the curriculum the same as a Category 1 school.  The designation of the new school as a Category 2 school was deemed appropriate as it would meet the offer currently provided by both Ysgol Pentrecelyn and Ysgol Llanfair DC pupils.  The educational offer, therefore, met the needs of both sets of pupils to an equivalent standard – which was what the Code required.

 

(iii)            The data provided as part of the consultation on the proposals for a new area school was the WG’s Pupil Level Annual School Census (April 2014).  This was the recognised data source used for school reorganisation projects and was used as the basis for the entire Ruthin Area Review.

 

The exact transfer numbers from Ysgol Pentrecelyn to the new area school were not yet known, these would become clearer once the statutory notices were published.  However, if parents chose to send their children to a Category 1 school instead of to the new area school, free home to school transport would only be provided to the nearest suitable school.

 

A contingency 10% surplus places would be built into the planning specification for a new facility for Ysgol Pen Barras in Ruthin with a view to accommodating future pressures.

 

Population fluctuations would have an impact on all future school provision.  Due to the uncertain nature associated with this aspect, it could not be factored into any projected figures.

 

The data on which the proposals were based had recently been reviewed by an independent officer, who had confirmed its validity.

 

(iv)           The process followed, with respect to the proposals, complied with the WG’s School Organisation Code (July 2013) and its guidance on Defining Schools according to Welsh medium provision (October 2007)

 

The aim of the Ruthin area review, of which this proposal was an element, was to contribute towards the delivery of the Council’s corporate priority of “improving performance in education and the quality of school buildings”.

 

Additional points raised were as follows:

 

·       It had been confirmed that within Denbighshire there were Category 1, Category 2, and other categories of voluntary controlled primary schools;

·       The majority of objections to the Ysgol Llanfair DC and Ysgol Pentrecelyn proposals were on the grounds of language categorisation.  Very few objections had been received with respect to its proposed voluntary controlled status;

·       The Committee asked officers to make enquiries as to whether the schools could be categorised similar to the Gwynedd Council model of “bilingual” schools rather than the Welsh medium provision categorisation currently used which seemed to cause confusion;

·       The objective of the WG’s National Policy and Action Plan “Iaith Pawb” was to sustain and increase the number of people in the country who could speak Welsh.  The Council’s WESP and education policy complied with the WG’s vision.

 

At this juncture, the Chair gave representatives from both Ysgol Llanfair DC and Ysgol Pentrecelyn the opportunity to address the meeting.  The following points were raised:

 

(i)              Geraint Lewis Jones, Chair of Governors, Ysgol Llanfair DC addressed the Committee as follows:

a.     The parents of the school were not confused by the Category 1 and Category 2 definitions.

b.     Categorisation had not been a recent phenomenon.  The Governing Body had been approached on numerous occasions with a request to change the categorisation from 2 to 1, but this had been turned down each time as it had been felt that the school would lose pupils.

c.     The school had a Welsh speaking staff recruitment policy.  The social language of the school was Welsh and the teachers communicated with the children in Welsh.

d.     The school’s aim had been to ensure they had the highest possible numbers of Welsh speakers at the age of 11.  Consequently, the Category 2 model worked well for Ysgol Llanfair DC.

 

(ii)             Menna Jones, on behalf of Ysgol Pentrecelyn, addressed the Committee as follows:

a.     Concerns had been raised with respect to the loss of a Category 1 rural school.

b.     Concerns had also been raised with respect to the review of the “N” stream (considered suitable for pupils who had learnt Welsh as a second language and who, by the end of KS2, had a good understanding of the language) at Ysgol Brynhyfryd from September 2015, and the impact of this on its feeder schools.

 

Summing up the signatories request to call-in the original Cabinet decision, Councillor Arwel Roberts registered his disappointment that, under school reorganisation proposals, Category 2 provision was deemed to be on a par with Category 1 provision.  He was of the view that it should be reviewed by the WG. 

 

At the conclusion of the discussion, the Committee, having received assurances that the impact on pupils choosing to leave either school would be closely monitored and the impact of Ysgol Pentrecelyn’s closure on the other two Category 1 schools in the area was manageable, by a majority concluded that the matter did not merit being referred back to Cabinet for reconsideration.  However, the Committee asked officers to explore the possibilities for the Council to designate schools a “bilingual” schools rather than be constrained by the WG guidelines on categorisation according to Welsh medium provision.  The Committee:

 

RESOLVED - that having considered the reasons given for requesting a review of Cabinet’s decision, and the information provided at the meeting, that there was not sufficient evidence to ask Cabinet to reconsider its decision of 2 June 2015 in relation to Ysgol Llanfair Dyffryn Clwyd and Ysgol Pentrecelyn.

 

 

Call-in of the decision to publish the statutory notice for the Proposed Closure of Ysgol Rhewl.

 

Denbighshire’s Cabinet at its meeting on 2 June 2015 approved the following recommendation:

 

“(a) to note the findings of the formal consultation for the closure of Ysgol Rhewl, and

(b) to approve the publication of a statutory notice to close Ysgol Rhewl on 31 August 2017 with pupils transferring to Ysgol Pen Barras or Rhos Street School to coincide with the opening of the new school buildings.”

 

The above decision was published on the Council’s website on 3 June 2015 and in accordance with the Council’s Call-In Procedure, the decision was not implemented immediately enabling non-Cabinet members to call-in the decision for examination, if they felt it merited scrutiny.

 

A “Notice of Call-In” form, signed by the required number of non-Cabinet Councillors, was received on 8 June 2015.

 

The grounds for the call-in decision were:

 

(i)              That the impact on the Welsh language at the school as well as in the county, raised in the consultation, were not addressed by Cabinet;

(ii)             The loss of bilingual provision in Rhewl was at odds with the Council’s own Welsh in Education Strategic Plan (WESP);

(iii)            The capacity of the Glasdir site to accommodate all pupils subject to the Ruthin area review, and road safety and traffic management issues; and

(iv)           That the consultation process did not include the proposal of alternative arrangements and discussion on such proposals this did not take place and Cabinet did not respond to this at their meeting on 2 June 2015.

 

Councillor Merfyn Parry introduced the call-in request and began the debate by outlining the above points as the grounds for the call-in.  

 

Councillor Parry elaborated the points as follows:

 

·       The parents of pupils at Ysgol Rhewl felt their choice of school was being compromised.  The only dual stream school available to them would be Ysgol Llanfair DC, but free transport would not be provided to this school.  It had been acknowledged that in recent years, Ysgol Rhewl had not been delivering the education provision in line with its Category 2 designation.  However, this had been addressed with two pupils expected to be assessed through the medium of Welsh this year.

·       Parents’ concerns for the children’s safety had been emphasised due to pupils from Rhewl having to walk to the new schools on the Glasdir site along an extremely busy road with a number of industrial units and the livestock market along one side of it, with another site on the route already earmarked for industrial development.  Despite the industrial nature of this route it was currently classed as a ‘non-hazardous’ route.

·       Councillor Parry was seeking the Scrutiny Committee to recommend to Cabinet that the decision to publish a statutory notice to close the school on 31 August 2017 be put on hold pending further clarification on the capacity of the Glasdir site to accommodate all pupils affected by the Ruthin area review, road safety and traffic management issues and to give Ysgol Rhewl sufficient time to deliver as expected against its Category 2 designation.

 

The Lead Member for Education and officers in attendance responded to the points raised and to Committee Members’ questions as follows:

 

(i)              The current catchment area for the school had been illustrated in a map presented to Cabinet on 2 June.  The map illustrated that a number of pupils at the school travelled from both the northern and southern parts of the county.  If the school were to close, it was likely that a number of the pupils would not transfer to either the English or Welsh language provision on the Glasdir site as it would not be deemed to be their nearest suitable school.

 

With respect to increasing the use of Welsh at all of the county’s schools and supporting them along the language continuum, Members were advised that the Welsh in Education Strategic Group (WESG) was currently charged with progressing this aspect of the work.

 

(ii)             It had been emphasised there were no concerns regarding the quality of education provision at Ysgol Rhewl.  However, there had been concerns with respect to the curriculum delivery not being in line with the school’s Category 2 designation.  This was currently being addressed. 

 

It had been confirmed that issues relating to Ysgol Rhewl’s language categorisation had been flagged up at a Communities Scrutiny Committee meeting in March 2015, during the discussion on a report on the “language categorisation of all Denbighshire schools”.  As a result, the WESG were supporting the school and monitoring its progress.

 

Whilst acknowledging that the proposal being put forward for Ysgol Rhewl did not provide a “like for like” offer for the pupils or parents, it was in line with the requirements of the WG’s School Organisation Code (July 2013) as the alternative “proposals should ensure that the balance of school provision reflects the balance of demand” and would provide “at least equivalent standards and opportunities for progression in their current language medium”.  The Council had, therefore, been of the view, that the proposals being put forward for Ysgol Rhewl did reflect the current balance of demand at Rhewl.

 

(iii)            The increase in the school traffic to the proposed new schools on the Glasdir site would automatically trigger a road safety assessment.  This would also form part of the planning application process prior to planning consent being given.

 

The Highways Service had registered some initial concerns in relation to the volume and safety of traffic for the proposed new site and a consultant had been appointed to undertake a feasibility study as part of the compilation of the planning application.

 

(iv)           The alternative proposals put forward had been considered as part of the consultation process and the Council’s response to them had been outlined within the appendix of the Consultation Report to Cabinet of 2 June 2015.

 

The new schools to be built on the Glasdir site would be designed to accommodate an additional 10% capacity to that of the actual pupil numbers.  This would be to conform with BB99 guidance on school buildings and playing fields with a view to protecting future needs.

 

The new schools would have a one and a one and a half form intake.  This safeguard, in conjunction with the rest of the Ruthin area review, would be adequate to reduce the number of surplus school places within certain schools to a manageable level, whilst at the same time ensuring that the educational offer of choice would be available to all children in the area within a reasonable travelling distance of their home.  The Council’s Schools Admission Policy would help manage availability and accessibility of school places across the county.

 

At this juncture, the Chair gave the Chair of Governors of Ysgol Rhewl, the opportunity to address the meeting.  The following points were raised:

 

·       Ysgol Rhewl had been rated as “good” by Estyn.    The Welsh language provision at the school had moved forward and the plans for further development in this area were available for all to see.

·       The Governing Body felt that closing the school would equate to losing an opportunity to move the Welsh language forward in Denbighshire.  This was particularly concerning remembering the conclusions of a recent Council commissioned study on the future of the language within the county.

·       Ysgol Rhewl had been working closely with Ysgol Brynhyfryd to meet their requirements for delivering bilingual education and supporting pupils to access secondary education in the language of their choice.

·       Parents of pupils at Ysgol Rhewl had serious concerns with regards to the volume of traffic using the road between Rhewl and Ruthin.

 

Summing up the signatories request to call-in the original Cabinet decision, both the Chair of Governors and the lead signatory to the call-in request, Councillor Merfyn Parry, stated that they felt the decision to close Ysgol Rhewl was premature and the loss of a dual stream primary school would be detrimental to the local area, and to the county as a whole.  23 new affordable family homes were planned to be built in Rhewl and the potential effects of this increase in population had not, in residents’ opinion, been fully considered as part of the consultation exercise.

 

Officers confirmed that if the decision to close Ysgol Rhewl were to be put on hold, it did have the potential to stall other proposals not yet implemented as part of the Ruthin area review, as each part of the review was dependent on other elements being delivered. 

 

Officers offered to provide a session on safe routes to schools to all stakeholders, including children and parents to alleviate any fears which they may have.

 

At the conclusion of the discussion, the Committee acknowledged that in determining not to seek Cabinet to review its decision to close Ysgol Rhewl, there were challenges for members and officers of the Council to ensure that the new educational provision did deliver its expected outcomes.  There would be a need for the Council to take all necessary actions to mitigate against the risk of the loss of Welsh language skills and to ensure that pupils from Ysgol Rhewl and the area in general were not in any way disadvantaged due to the future non-availability of a Category 2 school.  The Committee:

 

RESOLVED - that having considered the reasons given for requesting a review of Cabinet’s decision and the information provided at the meeting, determined that there was not sufficient evidence to ask Cabinet to consider its decision of 2 June to publish a statutory notice to close Ysgol Rhewl, but to recommend to Cabinet that:

 

(a)  It should instruct officers during the consultation period following the publication of the statutory notices to undertake work to assess and mitigate the effects of the loss of Welsh language provision on the community and to ensure that the loss of a dual stream school would not disadvantage the area’s pupils in future;

(b)  Further work to be undertaken with pupils, parents, staff and other stakeholders of Ysgol Rhewl to address their concerns relating to the capacity of the Glasdir site, the transport management of the new school site and road safety concerns between Rhewl and Glasdir; and

(c)  That the findings of the work outlined in (a) and (b) above is reported to Cabinet in the autumn of 2015 when presenting the objections report in response to the publication of the statutory notice.

 

 

During the discussion on the call-ins a request was made for guidance on whether in future a Cabinet member who was part of the decision-making body could be given a dispensation by the Standards Committee from having a prejudicial interest if he/she was a ward member for area the decision affects to permit them to attend the call-in meeting.  Members queried whether it would be possible to grant a general dispensation for such matters or would each individual need to apply for such a dispensation on a subject by subject basis.  The Democratic Services Manager agreed to raise the matter with the Monitoring Officer.