The Leader of the Council introduced the report by stating that the Administration considered the education of young people as an acute priority.  Although gratified by results in primary schools, it had always considered that secondary schools needed to be improved.  He was pleased that strides were being made in this area.  The three schools proposed for Academy status needed to be re-launched as new schools.  Radical new investment was needed.  The reports before Cabinet had been considered by the Children’s Services and Culture Overview and Scrutiny Committee.

The Cabinet heard representations from Councillor Nicholson, Chair of the Children’s Services and Culture Overview and Scrutiny Committee, who stated that although differing views had been expressed at the meeting on 16 November 2009 (some had concerns about the consultation and that having Kunskapsskolan as sponsor for both schools meant there would be no choice in the area; while others considered that there was no choice at present and outstanding academies would provide a genuine choice), it was noted that the Academies programme was a means of putting resources into the schools.  It helped that the authority was a co-sponsor with Kunskapsskolan and that they were in agreement with working in the family of borough schools. The Overview and Scrutiny Committee had examined the affordability issues, design and build and legal matters.  The committee was pleased that sustainability was considered, that Partnership for Schools had confidence in the programme and with the support of Officers.  The Overview and Scrutiny vote in favour of the proposals on 10 December 2009 had been carried unanimously.

Cabinet first examined Appendix 4, Hampton Academy – Building and Construction Project Affordability and Risks.  The Director of Children’s Services and Culture advised Cabinet that although the report before it appeared technical, it was part of the wider vision of improving standards in all secondary schools. He was pleased with the outcome of the consultation exercises. The local population were in favour of the changes proposed and the increased take-up for HCC reflected this.

In discussion Cabinet noted that it was acting in a ‘quasi-judicial’ role and was making a series of separate decisions.  Although final decisions were being taken at this meeting, it was acknowledged that there had been many discussions up to this point and full statutory consultation had taken place. The statutory consultation, and the consultation undertaken by Appleyards, had showed that many local people were in favour of the proposal and that few objections had been made.    Particular weight was given to those most directly affected by the academies proposals when considering consultation responses.

Cabinet RESOLVED that the following decisions be taken on an urgent basis, not subject to call-in procedures, so that statutory deadlines are met;

(1)   It be acknowledged that the Partnerships for Schools (PfS) framework is the process by which the Council is obliged to procure the contractor in relation to the redevelopment of the proposed Academy at Hampton Community College;

(2)   That in principle, the Outline Business Case as indicated in the report, be approved and authority be delegated to the Deputy Leader and Cabinet Member for Resources and the Cabinet Member for Children’s Services and Education, to approve the detail of the Outline Business Case documentation, the overview of which is referenced in this report;

(3)   That authority be delegated to the Deputy Leader and Cabinet Member for Resources and the Cabinet Member for Children’s Services and Education to approve the short-list of bidders from the PfS framework in March 2010;

(4)   That authority be delegated to the Leader of the Council under the new executive arrangements to approve the preferred bidder derived from the short-list in August 2010. Details of the process are outlined within this report;

(5)   It be noted that a further report will be presented to Cabinet for approval at the point of Final Business Case (FBC) and Contract Award in February 2011. At this point the Council will then obtain final approval from PfS / DCSF, and will enter into the Development Agreement with the Academy Trust and award the Design and Build contract so that construction works can begin. This will be in line with Clause 9.9 of Contract Standing Orders

(6)   That the further development of the scheme be sanctioned and so long as the scheme remains affordable within the PfS FAM, it be confirmed that the schemes can proceed to FBC

(7)   That a waiver of Contract Standing Orders under section 3.3 (a) (iii) be approved to appoint Validus Management to supply Project Management support, advice and guidance for the Academies Programme

REASONS

Ø      To ensure continued improvement in standards in Education

Ø      To ensure that children receive the best education possible

Ø      To gain improved facilities at the school.

Cabinet next examined Appendix 5 – Affordability and Risks of Business Transfer and Operational Issues.  The Director of Finance and Corporate Services advised that statutory process involved in launching academy schools and the necessary order for taking these decisions meant that some financial decisions were subject to risk.  The officers had worked hard to close as many risks as possible down but for those that remain outstanding Members would need to balance them against the expected benefits of Academy status.  He reported that the costings risk could not be guaranteed, and the risk described in paragraph 3.3 of Appendix 5 could not be discounted.  For paragraph 4.2, it was noted that, on transfer, staff at the school who were members of the Local Government Pension Scheme would retain the right to remain within it, and that staff who were not already members would remain eligible for membership.

Cabinet RESOLVED that the following decisions be taken on an urgent basis, not subject to call-in procedures, so that statutory deadlines are met;

(8)   That the potential financial liabilities and risks of business transfer and operational issues be noted.

(9)   That authority be delegated to the Deputy Leader and Cabinet Member for Resources and to the Cabinet Member for Children’s Services and Education, to consider and agree, in liaison with relevant officers, the content, and any ramifications, of the Partnership Agreement.

REASONS

Ø      To ensure continued improvement in standards in Education

Ø      To ensure that children receive the best education possible

Ø      To gain improved facilities at the school.

Cabinet next considered the proposal to close Hampton Community College and its replacement with an Academy. 

Cabinet RESOLVED that the following decision be taken on an urgent basis, not subject to call-in procedures, so that statutory deadlines are met;

(10)           That, having considered and approved the recommendations in Appendix 4 and Appendix 5, that Hampton Community College be closed on 31 August 2010 and replaced on 1 September 2010 with an Academy sponsored by Kunskapsskolan and managed by the Learning Schools Trust.

(11)           That the above decision shall be made conditional upon the Funding Agreement being executed by a given date, namely, Friday, 15 January 2010 (which date may be extended should that prove necessary).

REASONS

Ø      Improvement of the quality of education in the borough

Ø      To gain significant investment in educational facilities