Appendix C (b)
MATTERS TO BE SPECIFIED IN FOUNDATION PROPOSALS
1. All proposals must include the following information—
(a) School Details
The name, address and category of the school for which the governing body are publishing the
proposals;
Lathom High School: A Technology College, a community school, Glenburn Road,
Skelmersdale, Lancashire, WN8 6JN
(b) Dates
The proposed implementation date (“implementation date”);
The proposed implementation date is the 1 September 2011
(c) Objections and comments
A statement explaining that any person may object to, or comment on, the proposals and procedure
for making such representations, including—
(i) the date (4 weeks from the publication date) by which objections or comments should be sent to
the governing body; and
(ii) the address to which objections or comments should be sent;
Any person may object to or make comment on the proposal by sending them to the
Governing Body, c/o Mr T Moorcroft, Chair of Governors, Lathom High School,
Glenburn Road, Skelmersdale, Lancashire, WN8 6JN by 5:00pm on 30 March 2011 at
the latest.
(d) Consultation
Evidence of the consultation before the proposals were published including—
(i) a list of persons who were consulted;
(ii) minutes of all public consultation meetings;
(iii) the views of the persons consulted;
(iv) a statement to the effect that all applicable statutory requirements in relation to the proposal to
consult were complied with; and
(v) copies of all consultation documents and a statement on how these documents were made
available;
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(i)Consultees
–
Staff at the school
–
Students
–
Parents/carers
–
Lancashire County Council
–
Governing Body, teachers and other staff at any other school affected by
the proposals including, where appropriate, the families of students at
feeder primary schools as detailed below:
Our Lady’s Queen of Peace Catholic High School
Glenburn Sports College
Ormskirk High School
St Bede’s Catholic High School
Up Holland High School
Burscough Priory Science College
Tarleton High School
St John Rigby College
Winstanley College
King George V College
Ormskirk and Skelmersdale College
Bishop Martin C of E School
Brookfield Park Primary School
Cobbs Brow Primary School
Crow Orchard Primary School
Dalton St Michaels’ C Of E Primary School
Delph Side community Primary School
Hillside Community Primary School
Holland Moor Primary School
Lathom Park C of E Primary School
Lathom St James’ C of E Primary School
Little Digmoor Primary School
Moorside Primary School
Parbold Douglas C of E Primary School
St Francis of Assisi Catholic Primary School
St Johns Catholic Primary School
Trinity Primary School
Woodland Community Primary School
St James’ Catholic Primary School
Westhead Lathom St James’ C of E School
Acorns
LEMS
West Lancs Community High School
–
Liverpool Church of England Diocese
–
Trade Unions who represent staff at the school
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–
Liverpool Archdiocese
–
Rosie Cooper MP
–
Young Peoples Learning Agency (14-19)
–
Edge Hill University
–
UCLAN
–
Ormskirk School
–
Southport College
–
Skelmersdale and Ormskirk College
–
St John Rigby College
–
Winstanley College
–
Runshaw College
–
West Lancashire School Sports Partnership
–
West Lancashire Borough Council
–
West Lancashire Council for Voluntary Services
–
Parish Councils
 Lathom
 Lathom South
 Dalton
 Parbold
 Newburgh
 Hill Dale
 Up Holland
 Roby Mill
 Appley Bridge
 Wrightington
 Bickerstaffe
–
Chambers of Commerce



Liverpool
North and Western Lancashire
Greater Manchester
(ii) Minutes of Public Meetings:
See annex 1.
(iii) The views of the persons consulted:
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See annex 2
(iv) a statement to the effect that all applicable statutory requirements in relation
to the proposal to consult were complied with:
The Governing body has complied with all statutory requirement in relation to the
proposal
(v) copies of all consultation documents and a statement on how these documents
were made available.
The attached consultation document (see annex 3) was sent as a hard copy via Royal
Mail post to all consultees as detailed in (d)(i). The document was also available for
download from our website and hard copies from our front office receptionist, with
additional copies displayed on the reception desk.
(e) Alteration description
A statement of which one of, or combinations of, the alterations prescribed in regulation 3 of the
School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007
comprise the proposals.
The proposals comprise the following alterations prescribed in regulation 3 of the
School Organisation (Prescribed Alterations to Maintained Schools)(England)
Regulations 2007 (as amended)):

a change from a community school to a foundation school prescribed in
regulation 3(2)(a)(i); and

the acquisition of a foundation established otherwise than under the School
Standards and Framework Act (“SSFA”) 1998 prescribed in regulation
3(2)(b).
2. Where the prescribed alteration is a change of category to foundation, the proposals must contain
the following information—
(a) the rationale for the proposals;
High quality governance and leadership by the newly appointed headteacher has
created the circumstances in which the Trust option can be confidently explored.
(b) a statement that the school will—
(i) have a foundation established otherwise than under SSFA 1998; or
(ii) belong to a group of schools for which a foundation body acts; or
(iii) be a foundation school not falling within either of sub-paragraphs (i) or (ii);
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The school would have a foundation established otherwise than under SSFA 1998
(c) where it is a change of category to foundation from a voluntary aided school or voluntary controlled
school, a statement that in accordance with section 20 of the EIA 2006, the consent of the trustees
and the persons by whom the foundation governors are appointed has been obtained.
N/A
3. Where the prescribed alteration is the acquisition of a foundation established otherwise than
under SSFA 1998, the proposals must contain the following information—
(a) the name or proposed name of the foundation;
Lathom High School: A Technology College
(b) the rationale for acquiring the foundation and the ethos that it will bring to the school;
Acquiring the Trust means the school would be able to enhance its governance and
secure the long term involvement of external partners, who would bring new energy,
expertise, skills, knowledge, networks and enthusiasm to further improve standards.
The Trust would have charitable status and be able to raise external funding and
attract its own finance to enhance provision.
(c) the details of membership of the foundation, including the names of the members;
The proposed members of the Trust are:
Edge Hill University
Lancashire County Council
Lathom High School Governing Body
The Governing body are actively seeking the involvement of business and other
partner(s).
(d) where the majority of governors are to be foundation governors, a statement that a parent council
will be established in accordance with section 23A of EA 2002(1);
N/A
(e) the entitlement to appoint charity trustees and the number of trustees to be appointed;
The total number of trustees will be three.
(f) the proposed constitution of the school’s governing body;
(1) Section 23A was inserted by section 34 of the EIA 2006.
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The proposed constitution of the governing body is
6 Parents
3 Staff
2 Local Authority
4 Community
3 Foundation Trust
(g) details of the foundation’s charitable objects;
The Trust’s charitable objects would be:
the advancement of education; and

the promotion of community cohesion.
It is proposed that the Trust would achieve these objects by raising levels of
attainment and improving the outcomes, aspirations and opportunities of the students.
In promoting this the Trust would seek to:

Improve the standards and achievements of the students at the school

Enhance the opportunities and aspirations for students

Improve the health ,well being and education of students and their families to
have a positive impact on their quality of life now and for future generations

Assist the school in attracting and retaining high performing staff and
inspirational leaders. Enhance staff skills in particular in Teaching and
Learning

Induce and promote partnership working between trust members and others to
continually strive to improve outcomes for children, young adults and their
families in Skelmersdale and West Lancashire
(h) whether the foundation already acts as a foundation for any foundation or voluntary schools;
The Trust yet exist and therefore does not already act as the foundation for any
foundation or voluntary schools.
(i) except where the alteration consists of a voluntary aided or voluntary controlled school changing
category to a foundation school and it is intended that the foundation should appoint a minority of
foundation governors, a statement that the requirements set out in the Foundation Regulations will be
met;
The requirements set out in the Foundation Regulations will be met.
(j) a statement and supporting evidence as to how the foundation will contribute to the advancement of
education at the school and in particular how it will help to raise standards;
The Trust will bring together high quality senior leaders from education with a focus
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on raising standards at Lathom High School: A Technology College.
Edge Hill University is the lead education partner in the Trust and is one of the
country's leading providers of education, training and research with a track record for
high quality provision that supports the development of new teachers and experienced
teachers and leaders. Newly qualified teachers leaving the University achieve the very
highest of standards with over 90% achieving grade 1 and 2 in School Experience
assessments (Ofsted grade criteria) and subsequently securing employment across the
country.
Lancashire County Council will provide support in a variety of ways including
support for school leadership and management and the continued improvement of
teaching and learning.
The Governing Body of Lathom High School: A Technology College is committed
and believes in the best outcomes for students past, present and future, school staff
and the local community.
(k) a statement of how the foundation will contribute to the promotion of community cohesion and the
impact the foundation will have on the diversity of school provision in the area.
By bringing together local stakeholders and Trust partners with an interest in raising
standards in the school and in promoting the best opportunities for the community this
will assist with the development of community cohesion
4.—(1) Where the prescribed alteration is a change in an instrument of government which results in
the majority of governors being foundation governors at a school for which a foundation already acts,
the proposals must include the following information—
(a) the name of the foundation;
N/A
(b) the rationale for the change and how it will contribute to the advancement of education at the school
and in particular how it will help to raise standards;
N/A
(c) the details of membership of the foundation, including the names of the members;
N/A
(d) details of the foundation’s charitable objects;
N/A
(e) a statement that the requirements set out in the Foundation Regulations will be met;
N/A
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(f) a statement that a parent council will be established in accordance with section 23A of EA 2002;
N/A
(g) the proposed constitution of the school’s governing body;
N/A
(h) the entitlement to appoint charity trustees and the number of trustees to be appointed.
N/A
(2) In addition where the relevant change relates to—
(a) a foundation school which immediately before the 25th May 2007, was a foundation school having a
foundations; or
(b) a foundation school which having been a voluntary school immediately before the 25th May 2007,
changed category to a foundation school on or after that date,
a statement that in accordance with section 20 (E&I Act 2006) the consent of the trustees and the persons by
whom the foundation governors are appointed has been obtained.
N/A
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Annex 1
Minutes of public meeting(s)
Trust Consultation Meeting for other stakeholders
29/11/2010 at 5:00pm at the school
Present:
Mr T Farr
Mrs V Harrhy
Mr P Dickie
Headteacher
School Governor
School Governor
Mr Farr opened the meeting and welcomed the one attendee. Introductions were made to Mrs Vicky Harrhy
(School Governor) and Mr Paul Dickie (School Governor).
Mr Farr addressed the group and spoke at length about the consultation process. He asked for any questions
from the attendee.
Q1: Trust members will consist of Edge hill University; LCC and other business(s) partners who have yet to
be sought. How can there be a meaningful consultation until the partners have been confirmed?
R: The change to Foundation with a Trust means the school will be able to enhance its governance and
secure the long term involvement of external partners, who will bring new energy, expertise, skills,
knowledge, networks and enthusiasm to further improve standards. With the trustees already in place we
feel any further involvement form other business can only enhance provision.
Q2: What will their involvement with Lathom High School be and how will this impact on the school? what
benefits do the Trust partners get?
R: The main purposes of the Trust are to raise levels of attainment and to improve the outcomes, aspirations
and opportunities of the students and enhance staff skills in particular Teaching and Learning.
Q3: How will the Trust maintain and up keep the public buildings and land?
R: We will maintain our contracts with Lancashire County Council.
Q4: Teachers are protected by terms and conditions, there is no such protection for support staff
R: We strive to attract and retain the best staff, teaching and non teaching. To attract and retain non teaching
staff we will not be making any changes to their detriment.
Q5: The school will become its own admissions authority, how will there be more control over admissions,
particularly in September 2011?
R: The school will set its own admissions arrangements, we will keep to the same criteria as presently
apply. We will also continue to play our full part in taking hard to place students and will not introduce
selection by ability
Q6: Private companies can become inappropriately involved in the governance and management of state
schools. The Trust can appoint a majority of governors and therefore have complete control over the school
R: The proposed constitution of the governing body is
6 Parents
3 Staff
2 Local Authority
4 Community
3 Foundation Trust
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The Trust will make up 1/6 of the Governing Body.
Mr Farr closed the meeting by thanking all for attending.
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Annex 2
The views of those consulted:
A total of 28 responses were received. All but 3 were anonymous.
Questions about Trust Status
1.
Do you support the proposal for Lathom High School to become a foundation school with a Trust?
Yes
14
No
9

Unsure
5
1 “Yes” commented: “I feel Lathom High School can only benefit from becoming a foundation
school with a trust.”
1 “Unsure” commented: “Need more information about the role of Edge hill and ‘other’
business”.
1 “No” commented: “Not enough specific benefits for staff and students”.


Questions about partners
2.
Do you agree with Lathom High School working with a Trust with these prospective partners?
Edge Hill University
Yes
16
No
10
Lancashire County Council
21
5
Business Partner(s)
13
11

3.
Not all respondents completed the question regarding partners.
Are there any other comments you would wish to make?
A selection of comments:
 “If links are need at a Primary school level – Holland Moor”.
 “Why are non-teaching staff pay and conditions unaffected”, “Teaching staff benefit more?”
 “Good luck wish you every success”.
 “Lathom has built up its reputation in the community as a school that works on many levels –
academic, social, personal. It does not need to change”
 I obviously want what is best for my children and the school. Whilst I understand times are
changing I feel we as parents need more information about the role and input of prospective
partners”.
 “Do not like this is a permanent change with no option to go back to community school”.
 “I have a great respect for the governors of our school and they have the highest interests of
the students and staff in their hearts. They have never let us down and I appreciate all their
hard work and dedication”.
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Annex C
Copies of consultation documents:
CONSULTATION ON CHANGING THE STATUS OF LATHOM HIGH SCHOOL TO A
FOUNDATION SCHOOL WITH A TRUST
Introduction from the Governing Body of Lathom High School: A Technology College
The Governing Body of Lathom High School strongly recommends this proposal to change the status of the
school to Foundation with a Trust. The school has had many successes in the last few years. In summer
2010, our results in public examinations were the best ever. But we cannot stand still. Trust status will
build on the strengths of our staff, governors and external partners to raise standards further while
responding to the individual needs of our students and the local community. The Trust model is a flexible
one, giving our school the opportunity to create the right learning and working environment for our staff and
our students.
One of the key features of Trust status is the establishment of a board of trustees which will work closely
with the Governing Body to further challenge and support the school on its improvement agenda. We are
delighted Edge Hill University has agreed to be one of these trustees. Their expertise will have a significant
impact on the leadership and management of the school coupled with access to high quality development
opportunities for staff. In addition, with Lancashire County Council as another of our trustees we will
continue to work in harmony with the Local Authority and access all of the services they provide.
The change to Foundation with a Trust means the school will be able to enhance its governance and secure
the long term involvement of external partners, who will bring new energy, expertise, skills, knowledge,
networks and enthusiasm to further improve standards. The Trust will have charitable status and be able to
raise external funding and attract its own finance to enhance provision.
Introduction
High quality governance and leadership by the newly appointed headteacher has created the circumstances
in which the Trust option can be confidently explored.
Lathom High School is a community school maintained by Lancashire County Council. The Governing
Body is proposing that the school should change to become a foundation school with a Trust. The school
would still be maintained by Lancashire County Council and receive revenue funding in the same way, but
the acquisition of a Trust and the move to foundation status means the school would employ staff directly,
and could establish its own admissions policy. The land and buildings would be held by the Trust.
For the school to change from a community school to a foundation school it must follow a statutory process.
The consultation is part of that process. The Governing Body will seek to receive responses from all.
Additional meetings will be held for staff, parents, students and local primaries.
The Trust
A Trust is a charitable organisation that supports one or more schools by holding land and buildings on Trust
and appointing foundation governors. The Trust is also an incorporated body. The Trust for Lathom High
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School will be established whilst the school is working through the stages to become a foundation school.
The main purposes of the Trust are to raise levels of attainment and to improve the outcomes, aspirations
and opportunities of the school students. The members of the Trust are committed to supporting the further
development of the school and will bring together expertise from the following organisations:
Edge Hill University
Edge Hill University is one of the country's leading providers of education, training and research with a
track record for high quality provision that supports the development of new teachers and experienced
teachers and leaders. Newly qualified teachers leaving the University achieve the very highest of standards
with over 90% achieving grade 1 and 2 in School Experience assessments (Ofsted grade criteria) and
subsequently securing employment across the country.
The University is fully committed to working in partnership with Lathom High School to support its growth
and development with the ultimate aim of contributing to the achievement of better outcomes for its
students.
Lancashire County Council
Lancashire County Council will provide support in a variety of ways including support for school leadership
and management and the continued improvement of teaching and learning.
Lathom High School: A Technology College Governing Body
The Governing Body of Lathom High School endorses acceptance of this proposal to change the status of
the school to Foundation with a Trust, as we believe it is in the best interests of students past, present and
future, school staff and the local community of West Lancashire. The school will still be maintained by
Lancashire County Council and receive revenue funding in the same way. Our staff will continue to enjoy
the same terms and conditions as in other Lancashire schools and will have the same support from the
County’s Advisory staff. The Governing Body will remain the final decision making body in the school
with the responsibility for its strategic development.
The involvement of business and other partner(s) is also being sought.
The Trust will operate under the relevant sections of charity and company law and ensure that none of the
trustees are disqualified from holding office.
The trustees will appoint the minority of the Governing Body.
The Governing Body of Lathom High School as a Foundation School
The Trust will appoint the minority of the Governing Body and it is proposed to establish a Governing Body
with the following membership. All categories of governor will serve for a four year period:
6 Parents
3 Staff
2 Local Authority
4 Community
3 Foundation Trust
The Governing Body will have the same responsibilities as the existing Governing Body but in addition will
also become the employer of the staff, responsible for the admissions policy and procedures as well as
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assuming some of Lancashire County Council's premises responsibilities. The Governing Body will have
the same access to LCC support as currently, but will also be able to draw on the expertise of the Trust
members.
Staffing
The school will remain a Lancashire maintained school, but under foundation/trust school status it is the
Governing Body that becomes the employer of school staff. However, the existing rights of teachers will be
fully protected and the school will still be bound by the School Teachers' Pay and Condition Document.
Non-teaching staff pay and conditions will be unaffected. The Governing Body will also continue to
recognise the same trade unions and professional associations. Pension arrangements all remain the same.
The transfer of staff to the employment of the Governing Body will be under the School Organisation
(Prescribed Alterations to Maintained Schools) (England) Regulations 2007
(http://www.opsi.gov.uk/si/si2007/uksi_20071289_en_1) which provide for all rights, duties and liabilities
to transfer for the Local Authority to the Governing Body.
Staff will continue to be represented on the Governing Body.
Admissions
The school will become its own admissions authority but will be bound by the Schools' Admissions Code.
Although the school will set its own admissions arrangements, we will keep to the same criteria as presently
apply. We will also continue to play our full part in taking hard to place students and will not introduce
selection by ability.
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How to respond to this consultation
Thank you for reading the consultation.
We want to know your views on this proposal. You can:

complete the attached questionnaire;

write separately in confidence to Chair of Governors at Lathom High School;

send a completed questionnaire or letter to: trust@lathom.lancs.sch.uk ;

attend one of the meetings that have been arranged. Please see the table below.
The consultation ends on Monday 13 December 2010 at 5pm. The Governing Body will then meet to
consider all the comments and decide on the next steps in the light of those comments. There will be
another chance to comment on the formal proposals before a final decision is taken.
Consultation Meeting
Date/Time
Attendees
1. Monday 22 November 2010 4:00 – 5:00pm
All Staff
Chair of Governors
Representative from HR Consultancy
2. Monday 22 November 2010 6:00 – 7:00pm
Parents
Chair of Governors
3. Monday 29 November 2010 5:00 – 6:00pm
Remaining consultees (see appendix 2)
4. To be confirmed
Student Council
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Appendix 1
Provisional Timescales
1. Consultation on the proposal
The consultation period is from Monday
1 November 2010 until 5pm on
Monday 13 December 2010
17 January 2011 The Governing Body will
consider a report on the consultation responses
and decide whether to proceed to the
publication of statutory notices.
2. Publication of Statutory Notices
28 February 2011
3. Representations about the proposal in
the Statutory Notice
4 weeks from the publication ie to week
beginning 28 March 2011
4. Decision
Monday 4 April 2011 the Governing Body
meeting to consider the representations made
and determine how to proceed
5. Implementation of the change of
category
1 September 2011
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Appendix 2
Consultees

at a minimum those specified in School Organisation Regulations 2007
–
Staff at the school
–
Students
–
Parents/carers
–
Lancashire County Council
–
Governing Body, teachers and other staff at any other school affected by the proposals including,
where appropriate, the families of students at feeder primary schools
–
Trade Unions who represent staff at the school, and staff at other schools that might be affected
–
Liverpool Church of England Diocese
–
Liverpool Archdiocese
–
Rosie Cooper MP
–
Young Peoples Learning Agency (14-19)
–
Edge Hill University
–
UCLAN
–
Ormskirk School
–
Southport College
–
Skelmersdale and Ormskirk College
–
St John Rigby College
–
Winstanley College
–
Runshaw College
–
West Lancashire School Sports Partnership
–
West Lancashire Borough Council
–
West Lancashire Council for Voluntary Services
–
Parish Councils
 Lathom
 Lathom South
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








Dalton
Parbold
Newburgh
Hill Dale
Up Holland
Roby Mill
Appley Bridge
Wrightington
Bickerstaffe
–
Any other interested party
–
Chambers of Commerce



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Liverpool
North and Western Lancashire
Greater Manchester
Lathom High School – Consultation on the school moving to Foundation status with a Trust
Questions about Trust Status
4.
Do you support the proposal for Lathom High School to become a foundation school with a Trust?
Please tick one box
YES
If you would like to, please give the reasons.
NO
UNSURE
Questions about partners
5.
Do you agree with Lathom High School working with a Trust with these prospective partners?
Please tick yes/no
(a)
Edge Hill University
(b)
Lancashire County Council
(e)
Business Partner(s)
YES
NO
If you would like to comment on the proposed partners, please provide your comments
here.
6.
Are there any other comments you would wish to make?
Please detach and return your completed questionnaire to the main school reception or to
trust@lathom.lancs.sch.uk by 12 noon on Monday 13 December2010.
Thank you for taking the time to respond.
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