Correspondence sent to Council Officers regarding the Proposed Amalgamation of Caedmon College Whitby & Eskdale School
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I am contacting you on behalf of the Whitby Community Network to ask for clarification on the The Whitby Secondary Partnership school governors vote on 13th December 2022, to propose to NYCC that “Caedmon College Whitby and Eskdale School amalgamate from 1st September 2023, with the technical closure of Eskdale school site.” We are concerned that this decision is neither legal nor ethically acceptable, has been made with undue haste, and without full consideration for NYCC’s duty of care towards its pupils, and we would appreciate your comments.
The Instrument of Government that came into effect on 20th September 2022 does not appear to have been progressed and clearly states the Total number of governors is thirteen. Only four of the seven governors as far as we can ascertain were present at the vote including the Executive Head who has only been employed for approximately 9 months. Surely something as important as this should have warranted a full governors meeting, and if seven governors had voted for the proposal, at least the meeting would have been quorate. This decision also does not appear to fit in with the new Council's ethos of "Countywide but local - The new council is committed to keeping communities at the heart of our services, with locally based staff, more local access points, and a bigger say in how local services are delivered in your community”. We feel a strategic review and assessment of all options for the local provision of education and training to meet the needs, both current and future, of the whole community of Whitby and district is required before any proposals are made. We appreciate that financially it does not make sense to operate three school sites as they are at present, but the situation has not changed over the last few years and again we cannot understand why this decision is being made in such haste. The young people and the community of Whitby & District are already disadvantaged in a number of ways - see attached letter to Cllr. Wilkinson - and to ensure the sustainability of both this District and the future of North Yorkshire the education of our young people must be a priority. We therefore call upon NYCC to ensure that the proposed closure and merger in its present form is postponed until a thorough assessment of all possibilities has been completed. All local residents across the whole area should and must be consulted properly, openly and fairly.
We look forward to hearing from you. |
23 January 2023- email to Assistant Chief Executive, Legal Services |
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Good morning. Members of the town council have asked me to clarify the exact nature of the ‘proposal to amalgamate Caedmon College Whitby and Eskdale School’ which is planned for consideration by the Executive Member for Education and Skills on 7 February.
In particular, it would help to understand whether this is a decision to undertake a Stage 1 consultation, prior to a statutory publication of a notice under Section 15 of the EIA 2006, or to publish the notice and commence Stage 3: representation. I am trying to understand the process followed in that the information supplied by the governing body relates to its request to NYCC and proposals relating to the school, but as the school is a community school, as I understand it the proposals will be those of the LEA under s15(1) of the EIA 2006. In either case, will the whole timetable of statutory activities be set out in the supporting papers to the decision, given that an implementation of September 2023 is assumed?
Any clarification would be greatly appreciated.
Regards |
24 January 2023 Email to Strategic Planning Manager |
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sorry but this is another e mail about the above amalgamation I realy can't believe that this is even being thought about as there is only one option given, when there are many options to look at. One thing that does concern me is the mention of bussing student over to the Eskdale site to use the amazing 3g football field this takes 6mins to get to on a quiet time and 6 mins to get back total 12 mins with 10 mins to get changed that is 22mins of a,student P.E time they normally have 2 lessons a week so that is 44mins time wasted. Why not have the year 7,8,9 at Eskdale and 10 ,11,12,13 at the college site there you have two great sites and no student time wasted. I do hope that you do look at all options possible before you make any decisions as this is going to make a big impact on a lot of the vulnerable students in both schools. |
2 February 2023 email to Assistant Director Education and Skills |
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I am writing to express my concern at the latest phase of what has become a fiasco in Whitby's Secondary Education. As someone who worked in the Whitby Secondary System for 18 years, lived through some of this farce and just about survived it, I am more than qualified to comment. NYCC have dabbled with the Whitby system for some 20 years now, throwing large amounts of tax payers money at what they saw as a problem. Meanwhile many staff worked tirelessly to ensure that the students got the best education possible. It has become clear over that time that NYCC didn't have a clue what to do for the benefit of the town's students. The latest announcement is just the next part of this long running saga. Clearly in recent years there have been real issues concerning the Leadership of the schools with Headteachers disappearing in the night as well as being put on gardening leave for two full terms! (More wasted money). The system now has one Governing Body and a very expensive Executive Head so it is obvious to me that there was always a plan to merge the schools. I cannot believe that Eskdale appointed a new Headteacher last September when the intention is to close the school. Did he know this when he took up his post? Given there are two 11 - 16 schools in competition I cannot see how they can both be fairly represented by one Governing Body! Academisation is clearly the next step, once the Eskdale site is closed and sold off. NYCC have serious questions to answer concerning the waste of public funds on the three sites in Whitby. (The cost of non stop building work and the cost of very heavy Senior Leadership Teams). Non of which was part of a collective plan, but was merely a sticking plaster. Similar failures on the part of NYCC can be seen in other areas of the County. Years ago there should have been a vision of one school for Whitby consisting of a completely new build on the old Caedmon School site consisting of an 11-18 school fit for the future. Had this happened Whitby would not have seen the demise of its 6th Form as students leave the town in search of a more appropriate curriculum.. While construction took place the students could have been accommodated on the other two site, so causing no disruption to their education. NYCC have missed a golden opportunity here and the current proposal would see staff and students continue to have to move between sites. Split site schools simply do not work. The combined school will still be smaller than the one I joined in 1991! Please, please engage with the community and stand up to your responsibilities. Stop wasting our taxes and make the right decision for once this century. Yours Faithfully |
3 February 2023 email to Assistant Director Education and Skills |
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As part of the consultation. The solution In my opinion it’s an easy one.
1. Keep Eskdale open as a small 11-16 secondary with its own governance.
2. Close the 6th form site as it’s a very costly indulgence really with such low numbers and they won’t get bigger in the near future.
3. Keep all pupils 11-18 on the WCC big site at clearly it is big enough It hasn’t shrunk and it is capable of taking 1100 + as it did when I was there.Agin have its own governance.
Eskdale has a state of the art 3G pitch which #### (Former Site Manager) fought hard to get and should not be lost to the community. No costly rebranding, No change of uniforms, Choice for parents Own governance.
But it will need a complete overhaul of senior staffing and excellent leadership on both sites, no need for a costly bureaucracy and executive head. Both schools will need to work together to make it work. Pupils should be first and need a voice.
Closing the old Caedmon site could free up money to be invested in both the other sites. It’s a common sense solution. |
4 February 2023 email to Assistant Director Education and Skills |
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I’m assuming that you see nothing wrong with this?
Below is the governing body of WHITBY SECONDARY PARTNERSHIP
Following on from yesterday's post you might notice some things about the Governing body.
##### (Executive Headteacher) has failed to mention he's a trustee of YEAT
####### (Governor 1) - NOTHING TO DECLARE But is the associate assistant Head of Caedmon College
#########(Governor 2) - resigned as a parent governor after 14 months of a 4 year term to be CO-OPTED straight back on - she was NOT replaced as a parent governor. - she also forgets declare that she's the daughter of ########- Ex vice- chair of WSP.
######## (Governor 3) - Resigned as Local Authority governor, to be CO-OPTED straight back on - why?? ** she was a Governor of Eskdale School at the time of the last consultation **
What gains are made by these people being co-opted rather than parent or local authority????
The INSTRUMENT OF GOVERNMENT- (What the council says the governing body should be made up of) states :
1 Head 2 Parent 1 Staff 1 Local Authority 8 Co-opt
13 in total -
***reminder that 4 made the decision to propose the closure of Eskdale School***
WHY - on this Document that is a legal requirement to have displayed on the website does it state that 3 HEAD TEACHERS are Governors???
NORTH YORKSHIRE COUNTY COUNCIL HAS LET THIS HAPPEN, THEY HAVE NOT QUESTIONED ANYTHING THE GOVERNING BODY HAS DONE.
Please question NYCC - Please question WSP - OUR CHILDREN DESERVE BETTER
Sent from my iPad
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17 February 2023 email to Assistant Director Education and Skills |
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Dear Sir / Madam
Please find below, the interaction between myself and Whitby Secondary Partnership. Screenshots of the governors from Eskdale Schools Website Friday 17th Feb (please not the first email is dated the 15th) and the updated on from 20th Feb. These corrections have only been made due to very public posts on Facebook and Twitter.
Where is the acknowledgement - the transparency they have only corrected them because they have been questioned, it is a legal requirement that the members of a governing body are displayed yet they have been hiding information and displaying false information.
There are many unanswered questions - like resigning to be co-opted why co-opt someone going into amalgamation when you have not in 2 years?
kind Regards
Subject: Re: Governors
Dear We acknowledge your email and request under the Freedom of Information Act. Our reference for this request is 2023/20. Our response is as follows: Please send any emails for the attention of the Clerk of Governors to post@wsp.org.uk and our admin team will forward these on to the relevant person/Governing Body. The voting members of our Governing Body can be found on each school's website. Kind regards, The Whitby Secondary Partnership
To whom it may concern 1. Please can I have a name with whom I am dealing with as Clark of governors 2. Please can I have a clarification of voting members of the governing body. Thank you |
20 February 2023- Email to School Organisation Team |
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Why are people directed to a vision ie sales pitch from the governors?? No other school consultation has one Why are the FAQ on the schools website when all others school consultations they are on NYCC website. This is a clear attempt at biasing the consultation. |
21 February 2023- Email to School Organisation Team |
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Dear Sir / Madam Please can it be clarified why there is a vision statement from Whitby Secondary Partnership mentioned on the consultation document, AND Positioned on the website with the link to the consultation. This is a clear attempt to bias the outcome of the consultation and if need be we will seek legal advice. Also please can we know why all email for the federation is going through the executive head. |
21 February 2023- Email to School Organisation Team |
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Dear Sirs
I wish to highlight the shocking consultation if you can call it that being under taken in Whitby currently - in my view it can only be described as biased.
Therefore I am even more disgusted to read this article in the press regarding the school’s executive head, Mr Henshaw his credentials that appear to have been missold to parents and the fact he has failed to declare that he sits on the board of the ceo of WSP (Christina Zanelli - YEAT) joining it only a few days before the decision was made to take plans to amalgamate Eskdale School and Caedmon - surely more important things would of been on his mind than another responsibility??!! Yours sincerely
A very concerned parent
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24 February 2023- Email to Assistant Chief Executive, Legal Services |
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Dear Sir / Madam Please can I have a copy of the equality impact assessment that has been / should have been done on the proposed amalgamation of Caedmon College and Eskdale School. This is not a Freedom of Information request and therefore should not be treated as one. This Document should have been attached to the consultation document. Please can I also have a name in the response so I know who is responsible for the reply. I look forward to you prompt reply. |
27 February 2023- Email to Assistant Chief Executive, Legal Services |
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Please can we have clarification on who the panel will be for the public meetings? |
27 February 2023- Email to School Organisation Team |
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Thank you for the response to the FOI request for staff Lists - unfortunately it has raised a couple of Questions.
There is a difference in peoples job titles at both schools :
######### - Federation Business Manager (ESK) , Business and resource Manager (CCW)
####### - Federation Bursar (ESK), Admin assistant (H&S, Site, Ed Visits co-ordinator, transport, finance) (CCW)
######## - Federation Careers Advisor (ESK), Careers and Progression Co-ordinator and learning resources manager (CCW)
###### is listed as exec headteacher for both schools.
Is this ANOTHER clerical error? - for example the letter dated May 2022, How many meetings have been attended by ###### (Head of School at Caedmon College Whitby) or the lack of declared interests on the Governors list
OR is this Linked to the MEMORANDUM OF UNDERSTANDING Between Eskdale and Caedmon College? - Eskdale pay for the services of Caedmon College Staff??- (minutes document ####### was unhappy with the service given at one point) so They are not truly Federation Staff but looks better on the staff list?
If there are any corrections to be made please can you email over the amended version, so they are correct under the FOI request. |
28 February 2023- Email to the Whitby Secondary Partnership copied to Assistant Chief Executive, Legal Services. |
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Dear Sir / Madam
Please find below, the interaction between myself and Whitby Secondary Partnership. Screenshots of the governors from Eskdale Schools Website Friday 17th Feb (please not the first email is dated the 15th) and the updated on from 20th Feb. These corrections have only been made due to very public posts on Facebook and Twitter.
Where is the acknowledgement - the transparency they have only corrected them because they have been questioned, it is a legal requirement that the members of a governing body are displayed yet they have been hiding information and displaying false information.
There are many unanswered questions - like resigning to be co-opted why co-opt someone going into amalgamation when you have not in 2 years?
kind Regards
########
Subject: Re: Governors
Dear ######
We acknowledge your email and request under the Freedom of Information Act. Our reference for this request is 2023/20. Our response is as follows:
Please send any emails for the attention of the Clerk of Governors to post@wsp.org.uk and our admin team will forward these on to the relevant person/Governing Body.
The voting members of our Governing Body can be found on each school's website.
Kind regards,
The Whitby Secondary Partnership
On Wed, 15 Feb 2023 at 12:44, wrote:
To whom it may concern 1. Please can I have a name with whom I am dealing with as Clark of governors 2. Please can I have a clarification of voting members of the governing body. Thank you #######
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20 February 2023- Email to Assistant Chief Executive, Legal Services |
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Please note this is not a freedom of information request - this information should be available either on request or on the website
please send ASAP
On Monday, 20 February 2023 at 12:36:47 GMT, Post WSP <post@wsp.org.uk> wrote:
Dear ######
We write to acknowledge your request under the Freedom of Information Act. Our reference for this request is 2023/21.
We will respond to you within the required timescale.
Kind regards,
The Whitby Secondary Partnership
On Thu, 16 Feb 2023 at 17:54, post account <post@ccwhitby.org> wrote:
---------- Forwarded message --------- Date: Thu, 16 Feb 2023 at 16:57 Subject: Destination data To: post <post@ccwhitby.org>
Dear Sir /madam Please can I request the PUBLIC information for destination of GCSE students from 2019 - 2022 for Caedmon College and Eskdale School separately. I look forward to quick response #######-- Sent from Yahoo Email App for Android |
20 February 2023- Email to Whitby Secondary Partnership copied to Assistant Chief Executive, Legal Services |
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Dear Sir/ Madam
Please find attached the email correspondance between myself and Whitby Secondary Partnership. They do not have a clark of Governors at the present moment, so their complaints procedure is null and void.
We are in a Consultation Period for the amalgamation of the two schools in this federation and have Questions regarding the behaviour and interests of the governing body. How are we as parents or staff meant to ask questions, and highlight concerns when they are forwarded to the people involved?
This is a major issue as the governing body has already seen the threat of industrial action for their treatment of staff.
yours faithfully
#######
----- Forwarded message ----- From: Post WSP <post@wsp.org.uk> To: ################ Cc: ################ Sent: Monday, 20 February 2023 at 11:01:06 GMT Subject: Re: Urgent
Good Morning,
This email address is monitored by members of the admin team and like the other post/office email address the email is forwarded to the relevant member of staff or the governing body. This email has been forwarded to ####### (Executive Head Teacher) and the Co-Chairs of Governors.
Thank you
The Whitby Secondary Partnership
On Mon, 20 Feb 2023 at 10:52, <########> wrote: Dear Sir / madam As there is no Clark of Governors at the moment, and all correspondence is directed to this generic email. Please can we have formal notice of who is opening and responding to Emails. The complaints procedure at the moment is null and void, as states to write to the Clark. Myself and others are worried about our data being used incorrectly. Yours faithfully ######### Keep choice in Whitby & Save Eskdale. -- Sent from Yahoo Email App for Android |
20 February 2023 - Email to Ofsted copied to Assistant Chief Executive, Legal Services |
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I don’t believe this is an acceptable consultation with regards publicity and I have not seen any publicity regarding the public meeting
Sent from Yahoo Mail for iPhone On Monday, February 27, 2023, 1:13 pm, schoolorganisation <schoolorganisation@northyorks.gov.uk> wrote: Thank you for your email.
The schools have sent a link to the consultation to parents and there is a link on the Whitby Secondary Partnership website.
Frequently Asked Questions are being compiled based on questions that are being asked frequently in the consultation responses and will be available shortly.
I can confirm that as stated in the consultation document, there will be two public consultation meetings at Whitby Pavilion, on Wednesday 8 March at 12.30pm and 6.30pm.
Kind regards School Organisation Team
OFFICIAL
-----Original Message----- From: ######## Sent: 23 February 2023 23:15 Subject: Eskdale merger
To whom it may concern
As a parent of a child who attends Eskdale School I’m extremely concerned about the lack of publicity surrounding the consultation.
Neither school has made reference to it on their social media channels or on the Eskdale school newsletter sent to parents! I think it is disgusting.
I find it very difficult to understand, where are the Frequently Asked Questions? Why is the link to have your say not clearly displayed at the beginning of the text some parents I know didn’t even know how to navigate the document!
I would be grateful if someone could respond please. This consultation is not open or transparent in my view.
I was also disgusted to hear the manager of Whitby pavilion did not even know about a consultation for eskdsle school despite the venue being used for the consultation meeting on 8th March - again 0 publicity about this!
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23 February 2023- Email to School Organisation Team and Assistant Chief Executive, Legal Services |
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Good Morning,
This email address is monitored by members of the admin team and like the other post/office email address the email is forwarded to the relevant member of staff or the governing body. This email has been forwarded to Mr Henshaw (Executive Head Teacher) and the Co-Chairs of Governors.
Thank you
The Whitby Secondary Partnership
On Mon, 20 Feb 2023 at 10:52, <######> wrote: Dear Sir / madam As there is no Clark of Governors at the moment, and all correspondence is directed to this generic email. Please can we have formal notice of who is opening and responding to Emails. The complaints procedure at the moment is null and void, as states to write to the Clark. Myself and others are worried about our data being used incorrectly. Yours faithfully ####### Keep choice in Whitby & Save Eskdale. |
20 February 2023- Email to Assistant Chief Executive, Legal Services |
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Where are the questions sent to questions@wsp.org.uk from the 4th of Jan to Present displayed. What were the questions used for? Who has access to this data? With transparency being key in this matter these are important questions for the consultation Kind regards ###### -- |
23 February 2023- Email to Whitby Secondary Partnership copied to Assistant Chief Executive, Legal Services |
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Dear ##### We are having lots of comments about how difficult it is to access the response doc via the websites. And instructions are not clear. Also I have highlighted the issue that the consultation document does seem very biased, as people are directed to the WSP website for FAQ. When you click on consultion tab people are greeted with a link to the consultation, and a vision on the new school... then FAQ which apparently there any. The consultation is on the proposal, facts and figures not a vision that's just a pipe dream with no factual evidence Kind regards ###### -- Sent from Yahoo Email App for Android |
20 February 2023- Email to Local Councillor copied to Assistant Chief Executive, Legal Services. |
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Dear Sir/Madam Please can I draw your attention to the article in the scarborough news. As you will see it states "the Whitby Secondary Partnership will be presenting and and answering questions" Is this a misrepresentation to the media, or the truth that NYCC aren't in charge of these meeting. Please can we have clarification urgently. Also in the need for transparency can we have the ACTUAL PANEL & THE FORMAT of the meetings. I look forward to you quick response Kind regards
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4 March 2023- Email to School Organisation Team |
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Re: Eskdale School Closure
I think it it was you to whom I spoke on the afternoon consultation meeting in regard to the above matter?
Who-ever it was assured me that the WSP Governing Body had complied with the the relevant law and regulations, however I am now becoming concerned, due to the lack of a timely response to a number of reasonably straight forward queries I have raised with the Clerk - see below - that this may not in fact be the case?
Can you please, as matter of urgency provide, me with the necessary assurances I was otherwise seeking from the Clerk.
Clearly in matters such as these it is important that the law and regulations are complied with fully.
Your sincerely,
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28 March 2023- Email to Director of Children and Young People’s Service |
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Please could you read this iv seen on Facebook and please let me know what you think?? My mind is boggled..How on earth can this amalgamation go ahead with this plus the lies from Jamie Henshaw..I attended the consultation and he sat there Infront of all parents and denied VAPES bulky and drugs.. Please have a think about this for the future of Whitbys education Many thanks |
29 March 2023- Email to Assistant Chief Executive, Legal Services |
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I as a worried parent of two children at Eskdale School Y9 and Y10 am completely horrified to learn of the finding of information from the campaign group with regards to us all being mislead. Is it true that there is no record of the Whitby Secondary Partnership with the Education board? I should hope this information is false as surely the amalgamation of these two schools should not be at the consultation stage or even be a proposal. Just looking for some clarity on this issue if you could please. Many thanks |
29 March 2023- Email to Assistant Chief Executive, Legal Services |
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Good evening I write to you with a major concern and hope you can help stop the amalgamation of Caedmon College and Eskdale School. I will attached photographs of the emails . but the basis is this we wrote to the department of education to see if theses schools were actually federated as we could not find any documents to prove they were. And it turns out the department of education cannot find these documents either. So with that said if there is no federation then there should be no amalgamation. Please see photos below and do not hesitate to get in touch should you want more information Best regards Keep choice in Whitby & save Eskdale School group
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29 March 2023- Email to Assistant Chief Executive, Legal Services |
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I'm not sure how well informed if any you are about the situation involving the two secondary schools in Whitby at the moment. What started of as a group of parents trying to save the school from closure for a second time, had moved to unearthing mismanagement, a failure to file the correct paperwork with the Dfe. A governing body operating outside of Dfe guidelines in regards to structure. I denial of drugs and other safe guarding issues, yet documented since 2021 in minutes. A failure to feed all the children in their care now, let alone an additional 400. A request for an instrument of government was made this morning for Eskdale school. The federation can't continue as its not legally formed. NYCC have had officers involved with Whitby Secondary Partnership since 2019 - and have never checked documentation. Consultation on the proposed amalgamation closes at 5pm today, realistically with the fundamental long term issues need resolving. And with the new council starting tomorrow we do not know how this will effect it. Complaints and questions at lower levels are not being answered. Kind regards
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31 March 2023- Email to Chief Executive |
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With the federation of Eskdale School and Caedmon College not recognised by the Dfe, no documentation. When is the governing body for Eskdale school going to be reinstated with an instrument of government issued. We have a number of people interested in applying for the board. Kind regards Please can you clarify if the instrument of government should have been issued to Whitby Secondary Partnership in July 2019.
With the secretary of state not being informed at the proposal or the formation stages.
Kind regards
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31 March 2023- Email to Governor Support Team |
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The problem is that the federation did not follow dfe guide line in setting up which states at two points in the procedure that the secretary of state has to be notified with in 7 days - this was not done. The Dfe have no records please find attached. Hence the instrument of government should not have been issued to Whitby Secondary Partnership Kind regards
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31 March 2023- Email to Governor Support Team |
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I think it it was you to whom I spoke on the afternoon consultation meeting in regard to the above matter? Who-ever it was assured me that the WSP Governing Body had complied with the the relevant law and regulations, however I am now becoming concerned, due to the lack of a timely response to a number of reasonably straight forward queries I have raised with the Clerk - see below - that this may not in fact be the case? Can you please, as matter of urgency provide, me with the necessary assurances I was otherwise seeking from the Clerk. Clearly in matters such as these it is important that the law and regulations are complied with fully. Dear Ms # Many thanks for your reply- who have you forwarded my request to please as I would like to speak with them directly please, in order to expedite matters? I thought that all the questions I raised of you were within your remit to reply to? They are all questions upon either the law or procedure, which it is your role, as a Clerk (or perhaps your predecessor) to guide and advise the WSP Governors upon. What please specifically are you struggling with? Clearly, it is important, with the consultation closing very soon, that I receive your detailed reply, without further delay. If it transpires, that either the law or the correct procedures have not, for whatever reason been correctly complied with by the WSP Governing Body, then it may be that their decision to make the closure proposal itself, is ultra vires, meaning that NYC cannot then properly consider it. I did ask, I think it was ## from NYC? who was on the platform on the day of the open meeting, whether all procedures had been correctly followed and he assured me they had ? Now I must confess, I am beginning to wonder? I look forward to hearing from you asap - would it assist you, if I arranged to meet you later this week at County Hall to discuss the matter? Dear #, Many thanks for your email, I did check last night and could not see the Agendas on your website then? Can you confirm please, just for the avoidance of all doubt, that the Agendas which have now been uploaded to the WSP website, are those which were originally published and that they haven't subsequently been amended in any way? Referring to the Agendas, I note that there no Agenda for the EGM? Whilst I accept that perhaps all of the items on that Agenda might have confidential, the very fact of the meeting itself ie the date and time can never be confidential, further the Agenda for an AGM needs to record who has called the meeting and if it is called at less than 7 days notice, why the Chair deemed this necessary? Nor have the EGM Minutes been provided, again the fact of the meeting, who attended, who gave apologies etc can never be confidential, even though other Agenda items may well have been deemed confidential. I also note that JM resigned as an LEA governor and was immediately re-appointed as a co-opted governor at the meeting on 3rd October. These details are confirmed in the later minutes for the meeting held on 13th December, so they clearly cannot be confidential and thus those parts of the Agenda and Minutes for the meeting on 3rd October, containing these details, should also be published. In order to resign, Governors must give written notice to you or your predecessor as Clerk, again for the record, I should be grateful if you would kindly confirm that this was done please by both Ms # and Mrs #r? Further, the co-opted appointments of both # and # appear to have been conducted outside of the NYCC suggested guidelines from 2020, which says:- Appointing a co-opted governor Who is eligible to become a co-opted governor? Co-opted Governors are appointed by the governing board. They are people who, in the opinion of the governing board, have the skills required to contribute to effective governance and the success of the school’ (The School Governance (Constitution) (England) Regulations 2012). The board can appoint as many co-opted governors as they consider necessary, as set out in the schools instrument of government. There is no upper limit to the total number of governors that can be on a board, however boards should be no larger than they need to be to have all the necessary skills to carry out their functions effectively. Those eligible to be staff governors can be co-opted governors, but when counted with the staff governor and the head teacher, school staff must not exceed one third of the total membership of the board. Parents and carers can also be appointed as co-opted governors if the board considers that they have the necessary skills and experience. Co-opted governors act in the best interests of the school and wider community, but should not be required by others (such as the appointing board or community) to take a particular stance on issues discussed at board meetings. Suggested appointment process There is no set process for the appointment of co-opted governors and your board can decide how to do this. We recommend that you include some or all of these steps: Identify what skills your board needs Publicise your vacancy (newsletter, website, local groups/societies, community noticeboards, Inspiring Governance etc) Compile an information and application pack (including the disqualification document) for interested parties and allocate someone (another governor?) to have an initial chat with them and offer a chance for them to ask questions. Receive and review application forms. Take references Meet the applicants, either at an informal meeting or invite them to observe a meeting. Ask them what they can contribute to the governing board, and why they are interested in being a governor at your school. At a full governing board meeting agree and vote on the decision to appoint a governor and ensure that this is recorded in the minutes. Follow your normal governor induction procedure. Co-opted governors can be automatically re-appointed if the governing board agrees. This should be recorded in the minutes. Can you clarify this please? Any reports referred to in the minutes are also by statute, supposed to be available for inspection. Can you also kindly let me know, as a matter of urgency where I may inspect the missing agendas, minutes and reports asap please? Further the published minutes, should actually be signed please - not all of them are? As a result of the missing documents, it is hard to understand precisely what was decided and by whom at the confidential meeting on 3rd October, however it is I think important to remember that; A proposal to “serve notice of discontinuance of the school” (close it down) (if that is what has been done?) must be an agenda item to be voted on at two meetings held at least 28 days apart. (The first vote cannot be held at a meeting called with less than seven days’ notice.) In this regard I should be grateful if you would kindly re-assure me that:- a) The EGM was not called on less than 7 days notice b) That the proposal to close Eskdale, was an Agenda item and was voted on and carried at 2 meetings held at least 28 days apart? c) If this is the case then, which two meetings were these? Finally and whilst I accept, why at the time, before they announced their proposal, the Governors may have wished to keep some of their deliberations confidential, that confidentiality clearly "fell away" as soon as the Governors "went public" in January this year and clearly therefore it can no longer be the case that any confidentiality is required over the discussions which lead to the two separate votes 28 days apart to propose to close Eskdale. Indeed, entirely the opposite is now true and in order to evidence and support their decision making, the Governors should be quite openly publishing their Agenda's and Minutes and all reports in relation to the closure proposal, in full. Whilst I sincerely hope that it is not necessary for me to make and FOI Act request for the the missing documents, if it is then I should be grateful if you would kindly treat this email as such a request. I am sure you will understand how it important it is, particularly when major decisions are being made, that at all of the necessary rules are followed to the letter, so as to avoid any ultra vires acts by the Governing Body and so as to avoid personal liability attaching to Governors for any such ultra vires acts.
Here are a few extracts with which I am sure you will already be familiar?:- “The governing body must, as soon as reasonably practicable, make available for inspection by any interested person, a copy of— (a) the agenda for every meeting; (b) the signed minutes of every such meeting; and (c) any report or other paper considered at any such meeting.” Roles, Procedures and Allowances (England) Regulations 201 3 Are meeting papers public? Yes, although the board has the right to keep some reports and other supporting papers confidential. As with the minutes though any confidential papers may be requested under freedom of information. The fact that papers are public documents is shown in the quotes above. Law for maintained schools says that “any report or other paper” considered at the meeting must be made available to the public. Model articles for academies say that “any report, document or other paper” considered at a meeting must be made available. Are committee minutes public? Yes, although the right to make some items confidential still applies. The law for maintained schools quoted below shows that both committee minutes and committee papers are public documents. “The committee must, as soon as reasonably practicable, make available for inspection by any interested person a copy of— (a) the agenda for every committee meeting; (b) the signed minutes of every such meeting; and (c) any report or other paper considered at any such meeting.” Roles, Procedures and Allowances (England) Regulations 2013 Who should I request minutes from? The clerk to governors or governance professional will have copies of all minutes and their email address may be listed on the school website in the governors’ section. If you cannot find contact details for the clerk email the school office and ask for your message to be passed to either the clerk or the chair of governors. Do governors have to publish minutes online? There is no legal requirement for schools to publish governing body minutes on their website, but many do as this is the easiest way to make them available. All schools will have a file or book of minutes. All school minutes must be given out “as soon as is reasonably practicable”. Maintained schools should supply signed copies of minutes once they have been approved by the governing body or committee. In practice this will mean minutes will become available to the public within a few weeks to a few months of the date of the meeting, depending on how often the board or committee meets. All schools and academies must also supply a copy of the meeting’s agenda and a copy of any report or paper that was considered at the meeting. What items can be confidential? Schools and academies have a right to keep items confidential if they cover one of the following three issues: • a named staff member or pupil • a prospective staff member or pupil • any other matter that “by reason of its nature” the governing body is satisfied should remain confidential. The last point is is a very open definition that could cover any issue that governors feel should not be in the public domain. In practice, issues that might need to be confidential could include sensitive discussions around safeguarding, discussion of staff salaries or concerns about a particular staff member, time-sensitive information which will be released to the public at a later date or information which could identify a specific pupil if you were a parent with local knowledge. The exact wording of the law for maintained schools is shown below. “The governing body may exclude from any item required to be made available any material relating to— (a) a named person who works, or who it is proposed should work, at the school; (b) a named pupil at, or candidate for admission to, the school; or (c) any other matter that, by reason of its nature, the governing body is satisfied should remain confidential.” Roles, Procedures and Allowances (England) Regulations 20 13 Should all governors be sent confidential minutes? They should if they attended that section of the meeting, but there may be some circumstances where it is wise to withhold minutes from governors who had to leave the room due to a conflict of interest or did not attend the meeting at all. For example, if the board was considering whether to hire a company run by a governor it may not be appropriate for that governor to see the minutes of that portion of the meeting. Discussions of staff pay would also be in confidential minutes which would not usually be sent to any governors who were school employees (although salary data should still be anonymised). Another example would be if governors were discussing a pupil who is at risk of exclusion. An exclusion panel may be needed later which will require “untainted”, impartial governors who have not been previously involved in decisions regarding this pupil and can consider the case objectively. In this case you may wish to only send confidential minutes to the governors present at the meeting. Having said that, there is an argument to be made that all governors should receive all confidential minutes, even when they did not attend that meeting or had to withdraw due to a conflict of interest. They are all collectively responsible for the board’s decisions and the vital point is that they do not vote when they have a conflict, not that they remain ignorant of the result of that vote. “All members of the governing body have a right of access to confidential minutes, even if they are not members of the committee responsible for agreeing the confidentiality. “Any governor who withdrew from the meeting or was not present still has the right to see the minutes of that part of the meeting.” It is ultimately up to the board to decide who receives confidential minutes. Any disagreement about this should be resolved by the board as a whole, not by individual governors or the clerk Can minutes be obtained under freedom of information? Yes. The public section of school minutes (sometimes called “part one” minutes) must be given out to anyone who asks for them, so a freedom of information request is not needed – just ask the school directly. For minutes that the school has classified as confidential (sometimes called “part two” minutes) a request can be made under the Freedom of Information Act 2000, which does apply to schools because they are public bodies. The process for making a request under the freedom of information law is explained here. Schools must respond to the request within 20 school days; this limit does not include school holidays or days when pupils are not present such as INSET days. This is explained in the Governance Handbook. “The board is responsible for making sure that the school complies with the Freedom of Information Act 2000. “As requests for information can be directed to the school through anyone who works there, the board should make certain that all members of staff are aware of the Freedom of Information Act and how requests for information are handled by the school. “Boards may choose to charge a fee, which must be calculated according to the FOI and Data Protection (Appropriate Limits and Fees) Regulations 2004. The ICO publishes guidance on its website. “Schools are under a duty to provide advice and assistance to anyone requesting information and must respond to the enquiry promptly, and in any event, within 20 working days of receipt (not including school holidays).” Can schools refuse a freedom of information request? A freedom of information request can only be turned down if: • it would be too expensive or take up too much staff time • it is “vexatious”, ie: it is “likely to cause a disproportionate or unjustifiable level of distress, disruption or irritation” • it is a repeat request from the same person • it is covered by a specific exemption in the Act. The first three of these bullet points will not apply to an initial request for confidential governing body minutes. The most likely exemption that would apply to school minutes would be one relating to the release of personal data, particularly if a pupil or staff member has been named. In this case the school could refuse the request to avoid breaking the Data Protection Act 2018 or the General Data Protection Regulation (GDPR) Can papers and reports be requested under freedom of information? Yes, papers such as the headteacher’s report, budget report or school policies can be obtained under FOI but the same exemptions apply so the school can refuse the request in some circumstances, for example if personal data would be revealed. Given that it has taken me nearly two weeks to get the the non confidential Agendas published and that the time to reply to the closure consultation closes on 31st March, I should be most grateful to receive your further reply and the missing documents asap please. |
28 March 2023- Email to Director of Children and Young People’s Services |
