PART 1 OPEN TO THE PUBLIC
ITEM NO.
_______________________________________________________________________
REPORT OF THE STRATEGIC DIRECTOR FOR CHILDREN’S SERVICES AND
THE STRATEGIC DIRECTOR FOR CUSTOMER AND SUPPORT SERVICES
_______________________________________________________________________
TO CABINET ACTING AS A DECISION MAKER IN RESPECT OF A SCHOOL
ORGANISATION MATTER
ON 25 MAY 2011
_______________________________________________________________________
TITLE: PROPOSAL FOR THE REPLACEMENT OF MOORSIDE AND THE
SWINTON HIGH SCHOOLS, AND REVISING THE BUILDING SCHOOLS
FOR THE FUTURE (BSF) PROPOSALS
_______________________________________________________________________
RECOMMENDATIONS:
In accordance with Paragraphs 7 to 10 and 19 of Schedule 2 of the Education and
Inspections Act 2006 and the city council constitution, it is recommended that
Cabinet::
(i)
Reject the proposal from Salford City Learning Trust to create a new
Foundation school (with a Foundation Trust) to cater for 1350 mixed gender
between the ages of 11 - 16 years;
(ii)
Reject the proposal to discontinue the following schools with effect from 31
August 2013;


(iii)
(iv)
Moorside High School, East Lancashire Road, Swinton, M27 0BH
The Swinton High School, Sefton Road, Pendlebury, M27 6JU
Approve the alternative proposal to rescope the Phase 2 Grouped School
PFI Scheme to provide the following:

A replacement 1,050 place school (plus 20 place Short Stay School) for
Moorside High School;

A replacement 630 place school (plus 60 place nursery) for Moorside
Primary School;

A replacement 750 place school (plus 250 place sixth form) for St
Ambrose Barlow RC High School; and

A replacement 900 place school for St Patrick’s RC High School.
Approve the commencement of the statutory process to consult on the
proposal for the enlargement and rebuild of Moorside Primary School. The
proposal will be carried out in a two phased approach which will provide a
Page 1 of 12
Two Form Entry (2FE - 420 place) provision from September 2012 and a
Three Form Entry (3FE - 630 place) provision from September 2013;
(v)
Authorise the City Treasurer to issue an updated Section 151 Officer
affordability letter in connection with the revised BSF proposals;
Note that in accordance with the delegation approved by Cabinet on 23
February 2010, the detailed affordability and delivery of the revised BSF
proposals will be presented to the Lead Member for Children’s Services and
the Lead Member for Customer and Support Services for future decisions in
this regard.
_______________________________________________________________________
(vi)
EXECUTIVE SUMMARY: On 26 October 2010, Cabinet approved the publication of
the public notice inviting proposals for a new 1350 place community high school on
the site of the current Moorside High school playing fields. In conjunction Cabinet
approved the proposal to close Moorside High and The Swinton High schools such
proposals to be published jointly with any competition proposal for the new
community high school, including any proposal brought forward by the Local
Authority itself.
One bid submission was received from Salford City Learning Trust (which is being
led by Salford City College) to promote the proposed new school. No consent was
received from the Secretary of State approval to enable the Local Authority (LA) to
publish its own proposal and it was subsequently decided that the LA would not
submit its own proposal.
However, in December 2010, The Swinton High School submitted an application to
the Secretary of State to convert to an Academy. Following correspondence from
the Secretary of State, received on 12 April 2011, confirming that he is agreeable to
the conversion of the school, senior officers have engaged with officials within
Partnerships for Schools and the Department for Education (DfE) to identify an
alternative proposal for Phase 2.
The purpose of this report is thus (i) to enable Cabinet to consider and determine the
competition and closure proposals; and (ii) to enable Cabinet to consider and
approve an alternative proposal which will enable the LA to retain the integrity and
timescales of the Phase 2 scheme.
_______________________________________________________________________
BACKGROUND DOCUMENTS:
(Available for public inspection)
Background documents for the BSF programme of a non commercial nature can be
accessed at http://www.salford.gov.uk/bsfdocuments.htm
_______________________________________________________________________
KEY DECISION:
YES
_______________________________________________________________________
KEY COUNCIL POLICIES: Every Child Matters, Community Plan, Green Space
Strategy and Unitary Development Plan
_______________________________________________________________________
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EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS: All works and services
provided via the BSF contracts will be undertaken in accordance with relevant
Equality and DDA legislation and guidance.
_______________________________________________________________________
COMMUNITY IMPACT ASSESSMENT: The current Phase 2 scheme has been the
subject of extensive community consultation undertaken as part of the competition
process and the outline planning permission process. Whilst the alternative proposal
for Phase 2 will result in the local school infrastructure remaining intact (i.e. broadly
similar in terms of the number and sizes of the schools within the Swinton area), it is
recognised that the current Moorside playing field does not, at present,
accommodate two school buildings. It should, however, be recognised that the
alternative proposal for Phase 2 provides a reduction in the overall pupil numbers in
the new schools to be sited on the Moorside playing field.
It could also be considered that the loss of a secondary school, as was planned in
the current Phase 2 scheme, would have more of an impact on community cohesion
rather than the retention of the existing infrastructure, which is proposed in the
alternative proposal for Phase 2.
Future community stakeholder consultation will be a key feature of the resultant
school organisation, admissions and detailed planning permission processes which
will be required for the alternative Phase 2 scheme.
_______________________________________________________________________
ASSESSMENT OF RISK: The risk positions of continuing with the competition
process and the closure of The Swinton and Moorside High Schools or selecting an
alternative proposal for the Phase 2 Grouped School PFI scheme are contained
within this report.
_______________________________________________________________________
SOURCE OF FUNDING: The Salford BSF programme will be funded by
Government grant, City Council revenue contribution, schools budget contributions,
third party receipts, capital receipts, supported and unsupported borrowing.
_______________________________________________________________________
LEGAL IMPLICATIONS Supplied by Tony Hatton ext 2904.
The report refers to the Education and Inspections Act 2006 (EIA), and particularly
paragraphs 7 – 10 of schedule 2 of the Act which sets out proposals for the
establishment or discontinuance of schools.
Paragraphs 8 and 10 of the schedule set out that decisions (as proposed here) for
new schools proposed through a competition will be taken by the Local Authority.
Paragraphs 7 and 8 of the schedule set out that decisions on school closures will be
taken by the Local Authority, and the decision-maker for the City Council in this
instance is Cabinet.
Any “related” proposals (as referred to in paragraph 10 of the report) must be
considered together. Guidance states that “related” means :- proposals on the same
notice; a decision on one proposal would be likely to affect the outcome or
consideration of another; and proposals for a schools competition should be
considered together with proposals for a closure where there is a clear link.
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Accordingly where proposals are “related” as put forward in this report, the decisions
should be compatible with each other (such that a proposal to remove provision and
another is to establish or enlarge provision, they should both be approved or
rejected.)
If the recommendations are approved, they will be in accordance with the above
legislation. Also the statutory consultation process will need to commence relating to
the proposal for Moorside Primary School, and as the report refers (paragraph
10.3.2), further consideration will be given to the responses in due course.
_______________________________________________________________________
FINANCIAL IMPLICATIONS Supplied by Chris Mee, Group Accountant (PFI/BSF)
_______________________________________________________________________
OTHER DIRECTORATES CONSULTED: Customer and Support Services,
Sustainable Regeneration
_______________________________________________________________________
CONTACT OFFICERS: Sue Wilkinson - Tel: 0161 778 0228.
Nick Page - Tel: 0161 778 0130
Martin Vickers - Tel: 0161 793 3407
_______________________________________________________________________
WARD(S) TO WHICH REPORT RELATE(S): Swinton North, Swinton South,
Worsley, Winton
_______________________________________________________________________
DETAILS (overleaf)
1.
Background
1.1
At the Cabinet meeting on 26 October 2010 it was RESOLVED: THAT
Cabinet:
(1)
consider the responses to the consultation process on the proposal to
close The Swinton and Moorside High Schools, replacing them with a
new school for 1350 pupils aged 11-16 opening in September 2013; and
determine if they wish to proceed with the proposal;
(2)
approve the publication of the public notice, inviting proposals for a new
1350 place community high school on the site of the current Moorside
High school playing fields;
(3)
approve the Council’s application to the Secretary of State for consent to
promote a new community high school and, if such consent is granted,
agree to the Authority publishing that proposal in due course, together
with any other competition proposals received by the Authority; and
(4)
approve the proposal to close Moorside High and The Swinton High
schools such proposals to be published jointly with any competition
proposal for the new community high school, including any proposal
brought forward by the Local Authority itself.
Page 4 of 12
1.2
Following Cabinet’s decision, the Statutory Competition Notice inviting
promoters to establish a new mainstream school was published on 11
November 2010 with a 4 month representation period, ending 11 March 2011.
1.3
A local authority with a performance rating of 2 must apply to the Secretary of
State for consent to submit its own proposal. At the time of publication of the
Competition Notice, the LA had a performance rating of 2. An application for
approval to run the proposed new school was therefore submitted to the
Department (on 11 November 2010).
1.4
From December 2010 the local authority’s performance rating was reclassified
and the current performance rating is 1.
1.5
No consent was received from the Secretary of State and it was subsequently
decided that the LA would not submit its own proposal.
2.
Decision Making of the proposals
2.1
As a result of the LA not participating in the competition, consideration of the
proposal must be undertaken in accordance with the provisions of Paragraphs
8 and 10 of Schedule 2 to Education and Inspections Act 2006 which set out
who should decide proposals for new schools1. In accordance with these
provisions, the City Council’s Cabinet will act as decision maker in relation to
the proposal for the new school.
2.2
Additionally, consideration of the proposal to discontinue Moorside High
School and The Swinton High School must be undertaken in accordance with
the provisions of Paragraphs 7-8 and 19 of Schedule 2 to Education and
Inspections Act 2006 which set out who must decide proposals for school
closures2. In accordance with these provisions, the City Council’s Cabinet
will act as decision maker in relation to the closure proposal.
3.
Proposals received
3.1
The city council received one bid submission, in response to the Statutory
Competition Notice published on 11 November 2010, from Salford City
Learning Trust (which is being led by Salford City College) to promote the
proposed new school. As yet and in line with legislation, the Trust is not fully
established. It is envisaged however that the Trust will be fully established
and formally launched in October 2011.
3.2
In order to comply with the statutory timetable, the second notice was
published on 1 April 2011. The second notice contained two parts:

Part 1 outlined the bid submissions received;

Part 2 detailed the proposal to discontinue The Swinton and Moorside
High Schools.
1 Paragraph 5.2, Page 24, ‘Establishing a New Maintained Mainstream School - A guide for Local
Authorities’, Department for Children, Schools and Families, February 2010
2 Paragraph 4.1, Page 18, ‘Closing a Maintained Mainstream School - A guide for Local Authorities
and Governing Bodies’, Department for Children, Schools and Families, February 2010
Page 5 of 12
3.3
The second notice was subject to a 6 weeks representation period ending on
13 May 2011 to allow for further comments/views to be submitted in response
to the second notice.
4.
Evaluation of the Trust Bid
4.1
The Trust Bid has been evaluated by officers and is deemed to meet the
Local Authority’s specification.
4.2
Accordingly, under normal circumstances, the Trust Bid for the new school,
including the proposals to close Swinton and Moorside High Schools, and
outcome of the 6 week consultation, would be presented to Cabinet to reach a
decision. However, in December 2010, The Swinton High School submitted
an application to the Secretary of State to convert to an Academy.
5.
The impact of The Swinton High School’s Academy Application on the
Competition Process
5.1
On 12 April 2011, the Strategic Director of Children’s Services received
correspondence from the Education Secretary confirming that he is agreeable
to the conversion of the school. The correspondence also contained a copy
of an Academy Order which will enable the school to convert to an Academy.
5.2
The Swinton High School is now in a period of its own consultation regarding
the conversion to Academy status. There is no prescribed timescale for this
consultation process.
5.3
However, in light of the developments in relation to The Swinton’s Academy
application, and the clear indication from the Secretary of State to support the
application, consideration has been given to the appropriateness and risk
position of continuing with the Competition Process.
5.4
As such, discussions have taken place with Partnerships for Schools and
Department for Education (DfE) on how to minimise the effect of The Swinton
High School becoming an academy and potentially revising the BSF
proposals.
5.5
A summary of the key developments referred to in sections 5.3 and 5.4. is
provided below.
6.
Risk Position of Continuing with the Competition Process and the
Closure of The Swinton and Moorside High Schools
6.1
The LA is in a position where normally the Competition Process could be
concluded, in that a Trust proposal has been received and there is no
proposal to run the school from the LA. In this circumstance Cabinet is the
decision maker.
6.2
However, there are significant reputational risks associated with closing The
Swinton High School, which is currently in consultation regarding its Academy
application. The Secretary of State has given a clear indication that he, in
principle, supports the Academy application. There is significant concern that
if the Cabinet met to consider the Trust proposal and subsequently approved
the proposal, which requires the closure of The Swinton and Moorside High
Page 6 of 12
Schools, then the possibility of reputational damage with the Secretary of
State and relevant government departments is high. In addition there is a risk
of legal challenge from the Secretary of State resulting in further delays to the
BSF programme.
6.3
Thus, senior officers engaged with officials within Partnerships for Schools to
identify an alternative proposal which will enable the LA to retain the integrity
and timescales of the Phase 2 scheme.
7.
Alternative Proposal for the Phase 2 Grouped School PFI Scheme
7.1
In consideration of an alternative proposal for Phase 2 and the overall
remaining BSF programme, the following inherent objectives were identified:






to maintain the integrity of the BSF programme;
to minimise and /or avoid abortive costs;
to maintain the economies of scale of the 3 school PFI;
to maintain the current programme milestones;
to maintain the phase 3 projects; and
to create an opportunity from this change of circumstances and minimise
the negative impact of the changes to the original BSF programme.
7.2
As outlined above, the city council would prefer to retain the integrity of the
whole BSF phase 2 by continuing with the current 3 Project PFI in the
designed forms and therefore maintain the current programme milestones and
meets stakeholder expectations, whilst creating the capacity needed to meet
future pupil demand. It also continues to offer up the savings proposed in
December 2010, assuming that the planned programme of starting work on
site by October 2011 can be achieved.
7.3
The alternative proposal for Phase 2 outlined below. It is considered that with
the change of circumstances resulting from The Swinton High academy
application this solution offers the best value for public funds and we believe
meets local needs. This proposal also acknowledges the changes in
demographics being experienced in Salford primary schools. We are currently
experiencing a reversal of the recent declining numbers and now we have
rapidly increasing demand for primary school places consequently we have
created 300+ places in the reception year group for September 2011
7.4
The alternative proposal would see:




St Ambrose Barlow RC High School rebuilt on a new site and remaining
as proposed;
St Patricks RC High School rebuilt on its current site and remaining as
originally proposed; and
Moorside High School to be rebuilt to replace its current net capacity of
1050 on its current site. The rebuilt Moorside high school will also provide
a 20 place Short Stay School.
The Short Stay School will be developed as a specialised resource for 20
pupils, The pupils who will attend this provision will have been identified
by their ‘home’ school as students who would benefit from a temporary
change to this specialist, more personalised learning environment and
who will return to their home school at an appropriate time according to
Page 7 of 12

7.5
individual development. The short stay school will be created within the
building but will be organisationally separate from the mainstream
Moorside High School.
The capacity of the integral primary school would be increased from the
planned 2 form entry to 3 form entry.
The school on the Moorside site would, as planned, provide for primary and
secondary provision. However, the proposal we now make for the new
Moorside School makes the building very flexible in terms of accommodation
for primary/secondary provision. This reassessment of this projected need
has looked beyond the original 10 year OBC pupil place planning assessment
of 2006, and is now been based the projected need 10 years from 2010-11 as
indicated by demographic information. The proposed capacity as opposed to
the current planned capacity is outlined below:
Primary Pupils
Secondary Pupils
Total
Current
planned
420
1350
1770
capacity Proposed Capacity
630
1050
1680
7.6
This rebalancing of pupil places, which remain all located within the same
building design, means that future provision for this area of Swinton contained
in this single building will have the ability to flex the balance between primary
and secondary provision, according to demographic need. It is proposed that
the Secondary School aspect replaces the existing net capacity of 1050,
providing a 7 form of entry school and that the Primary School becomes a 3
form entry school with 630 places. This will provide a total of 1680 places for
pupils of statutory school age.
7.7
This will result in surplus capacity in the proposed new facility (of 90 pupils)
equating to approx. 1,000 m2. It must therefore be acknowledged that within
this proposal there is a need for the city council and the Moorside schools to
work together to produce a business plan that will deliver a dynamic aspect to
the development that will create additional income to support the surplus
space we acknowledge will initially be created in the building before pupil
numbers rise in line with demographic predictions. This third party use has
been achieved in other sites including Buile Hill where the TEN centre has
been developed in conjunction with RM (the ICT Managed Service Provider)
and which occupies part of the building.
7.8
The additional facilities of a 20 place specialist needs provision (funded
through the BSF allocation), 60 place nursery, youth facilities, astroturf sports
facilities and community enhancement, all of which are supported by funds
from council resources, remains the same as within the original model.
7.9
It is considered that this alternative proposal provides the most cost effective
and efficient solution for all parties, as it mitigates all the risks of redesign,
programme delays, unaffordability, and will support wider council objectives.
Page 8 of 12
8.
High Level Affordability Review of the Alternative Proposal
8.1
The city council has undertaken a high level financial assessment of the
preferred option above to verify that it provides the most cost effective
solution, based on the following assumptions:






8.2
Whilst maintaining existing design and programme for the Moorside site with
minimal internal redesign, this will limit the impact on the unitary charge. The
impact of The Swinton High academy decision has had a significant impact on
the funding available for both the Phase 2 Grouped School PFI Scheme and
Phase 3, in the following areas:



8.3
Retention of the existing design of the school to be built on the Moorside
site, with a reduction in secondary capacity of 300 places partly offset by
increasing the planned primary capacity by 210 to a Three Form Entry
(3FE - 630 place) facility.
Retention of the relevant proportion of the current Funding Allocation
Model (FAM) funding for a 100% new build 1050 place Moorside High.
Maintaining the current programme/timescales for the Phase 2 scheme
with minimal internal redesign thus, avoiding the need to finance abortive
and new redesign costs.
Allows the City Council to maintain efficiency savings offered previously.
All the additional facilities and functions planned to augment the two
schools on the single campus design are retained and available for a wide
range of educational uses and the new facilities are made available for the
local community.
This proposal meets the needs of all stakeholders locally.
reduction in FAM funding for a smaller high school on Moorside site;
loss of revenue savings from school re-organisation to be used to support
the Phase 2 scheme;
loss of Swinton High School site capital receipt.
Impact on Phase 3
8.3.1
During negotiation with Partnerships for Schools regarding the
alternative proposal for Phase 2, concern was raised regarding the
potential losses of funding identified in 8.2 above, and the impact on
the city council’s ability to deliver these projects.
8.3.2
The city council will address any remaining Revenue and Capital
affordability in its Phase 3 proposals as they are further developed.
The proposals will be brought back to the Cabinet at the earliest
opportunity for consideration.
9.
DfE Approval to the Alternative Proposal and Revised FAM for the Phase
2 Grouped School PFI Scheme
9.1
On 16 May 2011, the city council received confirmation of the DfE’s approval
to the alternative proposal for Phase 2.
Page 9 of 12
9.2
Following the confirmation of DfE approval of the revised Phase 2 scheme,
the detailed financial impact on both the Phase 2 and Phase 3 schemes will
be developed and, in accordance with the delegation approved by Cabinet on
23 February 2010, the detailed affordability and delivery of the revised BSF
proposals will be presented to the Lead Member for Children’s Services and
the Lead Member for Customer and Support Services for future decisions.
9.3
Cabinet are also requested to authorise the City Treasurer to issue an
updated Section 151 Officer affordability letter in connection with revised BSF
proposals.
10.
Next Steps
10.1
Selection of the Alternative Proposal for the Phase 2 Grouped School PFI
Scheme
10.1.1
10.2
Consideration has been given to the two options which are now
available to the LA in respect of the Competition Process and
revision of the BSF Proposals. In light of the issues raised within this
report, it is recommended to Cabinet to approve the alternative
proposal to re-scope the Phase 2 Grouped School PFI scheme.
Legal position relating to the Closure Proposal and the Salford City Learning
Trust Bid to promote the new school
10.2.1
In selecting the alternative proposal for Phase 2, the Cabinet (acting
as Decision Maker), will need to reject the proposal to close The
Swinton and Moorside High Schools. However, there is a clear
aspiration from the partners within Salford City Learning Trust (who
have submitted the proposal to promote the new school) to continue
with a formal relationship with Moorside High School, either in a
Trust or Academy situation going forward. Developments in this
regard will be reported back to Cabinet at the appropriate time.
10.2.2
Paragraphs 9 and 19 of Schedule 2 to the Education and
Inspections Act 2006 provide that any proposals that are “related to”
particular proposals (e.g. for a new school, or prescribed alterations
to existing schools i.e. change of age range, enlargement, transfer of
site) must be considered together. Where proposals are “related,
the decisions should be compatible e.g. if one set of proposals is for
the removal of provision, and another is for the establishment or
enlargement of provision for displaced pupils, both should be
approved or rejected.3
10.2.3
Accordingly, as the closure proposal and establishment of a new
school proposal are related, the Cabinet should, therefore, reject the
proposal from Salford City Learning Trust to establish a new
Foundation School (with a Foundation Trust). As outlined in 10.2.1,
there is the potential for a future relationship between the partners in
Salford City Learning Trust and Moorside High School going forward.
3 Paragraphs 4.10 and 4.12, Page 20, ‘Closing a Maintained Mainstream School - A guide for Local
Authorities and Governing Bodies’, Department for Education, February 2010
Page 10 of 12
10.2.4
10.3
In selecting the alternative proposal for Phase 2, the Cabinet (acting
as Decision Maker), will need to reject the proposal to close The
Swinton and Moorside High Schools.
Statutory process relating to the proposal to enlarge and rebuild Moorside
Primary School
10.3.1
At present, Moorside Primary School is a One Form Entry (1FE - 210
place) primary school. Under the relevant statutory guidance, the LA
will be required to undertake a statutory process to consult on the
proposal for the enlargement of Moorside Primary School. The
proposal will be carried out in a two phased approach which will
provide a Two Form Entry (2FE - 420 place) provision from
September 2012 and a Three Form Entry (3FE - 630 place)
provision from September 2013
10.3.2
A further report requesting that Cabinet consider the responses to
the consultation process and approve the publication of the notice
will be submitted following the end of the initial consultation period.
11.
Recommendations
11.1
In accordance with Paragraphs 7 to 10 and 19 of Schedule 2 of the Education
and Inspections Act 2006 and the city council constitution, it is recommended
that Cabinet:
(i)
Reject the proposal from Salford City Learning Trust to create a new
Foundation school (with a Foundation Trust) to cater for 1350 mixed
gender between the ages of 11 - 16 years;
(ii)
Reject the proposal to discontinue the following schools with effect
from 31 August 2013;


Moorside High School, East Lancashire Road, Swinton, M27 0BH
The Swinton High School, Sefton Road, Pendlebury, M27 6JU
(iii)
Approve the alternative proposal to rescope the Phase 2 Grouped
School PFI Scheme to provide the following:
(iv)

A replacement 1,050 place school (plus 20 place Short Stay
School) for Moorside High School;

A replacement 630 place school (plus 60 place nursery) for
Moorside Primary School;

A replacement 750 place school (plus 250 place sixth form) for St
Ambrose Barlow RC High School; and

A replacement 900 place school for St Patrick’s RC High School.
Approve the commencement of the statutory process to consult on the
proposal for the enlargement and rebuild of Moorside Primary School.
The proposal will be carried out in a two phased approach which will
provide a Two Form Entry (2FE - 420 place) provision from September
Page 11 of 12
2012 and a Three Form Entry (3FE - 630 place) provision from
September 2013;
(v)
Authorise the City Treasurer to issue an updated Section 151 Officer
affordability letter in connection with the revised BSF proposals;
(vi)
Note that in accordance with the delegation approved by Cabinet on 23
February 2010, the detailed affordability and delivery of the revised
BSF proposals will be presented to the Lead Member for Children’s
Services and the Lead Member for Customer and Support Services for
future decisions in this regard.
Page 12 of 12