Report of the Strategic Director of Services for Children and Young People to the meeting of the Executive to be held on 23
rdJune 2009
S
Subject:
Options for the future provision of education and related services to children and young people in Bradford District.
Summary statement:
This report advises the Executive on the work that has been undertaken to date to develop options for the future arrangements for education related services following the ending of the current contract with Serco/Education Bradford in July 2011. The reports seeks Executive’s approval to continue the work by establishing a Programme Board and related project management arrangements.
Kath Tunstall, Strategic Director of
Services to Children and Young People Portfolio:
Children and Young People Report Contact: Sue Colman
Phone: (01274) 431806
Improvement Area:
Young People and Education
1. Summary
1.1 This report advises the Executive on the work that has been undertaken to date to develop options for the future arrangements for education related services following the ending of the current contract with Serco/Education Bradford in July 2011. The reports seeks Executive’s approval to continue the work by establishing a Programme Board and related project management arrangements.
2. Background.
2.1 In response to a critical OFSTED report in 2000 Bradford Local Authority was placed under Direction by the then Department for Education and Skills under section 497A(4) of the Education Act 1996 (“the 1996 Act”). The Direction required the Local Authority to outsource education services. Following a competitive tender process, the contract was awarded to Serco, trading as Education Bradford, in 2001.
The contract reflected the list of services typical of a Local Education Authority in the late 1990s, and crucially before the implementation of the Children Act 2004 and the implementation of Every Child Matters – Change for Children. One of the requirements contained in the Direction issued by the DfES was for the Authority to establish an Education Policy Partnership (EPP).
2.2 Early in the contract, concerns over performance were expressed. Subsequent OFSTED and Audit Commission inspections of provision in Bradford identified improving leadership capacity, and capacity to bring about further improvements, in both the Council and Education Bradford. As a result of legislative change principal education plans were included within the overarching Children and Young People’s Plan, and prepared through the Children and Young Peoples Strategic Partnership.
In 2007 these factors led the DfES to recommend to Ministers that the direction to have an EPP should be lifted. At that time the original direction was revoked except for the part that required the Council to enter into a contract with Serco. The list of functions to be performed by the Local Authority was clarified in the revised direction issued. The Council put in place revised arrangements to monitor the contract and the performance of Education Bradford including the establishment of a Contract Monitoring Board. A clear engagement framework to ensure the continuation of advice, challenge and participation of key stakeholders, including parents and carers was established at the same time.
2.3 The contract with Serco for education services in Bradford expires on the 29th July 2011. Initial work has been undertaken to review the options for the future delivery of education related services. A steering group comprising elected members, officers and head teachers commissioned Dbi Consulting to provide strategic advice to assist the Council to plan for the future delivery of services. A report has been prepared following consultation with a range of stakeholders and with the support of the Education Contract Review Steering Group that covers the current position, a range of options and programme for the development and implementation of future service delivery from the 30th July 2011. The report is attached in Appendix 1.
3. Matters for considerations
3.1 Education is a key priority for the Council and is central to the District wide planning for regeneration. It is essential that a strategic approach is taken to developing the
mechanism for the future delivery of education related services and that all stakeholders are able to make a full contribution to the planning.
3.2 Changes to the future structure, organisation and management of education services as part of the wider Children’s Services in Bradford are an essential part of the transformation to a more accessible, integrated and effective service that is focussed on the needs of children and young people, parents and their communities. To reflect this, the arrangements need to be fully aligned with the Every Child Matters agenda:
• Being Healthy
• Staying Safe
• Enjoying and Achieving
• Making a Positive Contribution
• Achieving Economic Well-being
3.3 The future arrangements also need to be linked to development of the Children’s Trust and the Area and Locality Partnerships which are under discussion. A recent consultation paper on “Developing Area and Locality Partnerships” sets out a new framework for partnership working which is at the heart of improving outcomes for children, young people and their families. The establishment of Area and Locality Partnerships are fundamental elements of the Children and Young People’s Strategy providing for a more focused identification of needs and delivery of services to achieve the outcomes of the Children and Young People’s Plan.
3.4 At the expiry of the current contract on 29th July 2011 structures need to be in place and secure in order to ensure continuity of service and provision that is fit for purpose within the context of the Children and Young People’s Plan. This requires the Council to put in place a developmental plan that engages with stakeholders and meets the needs of young people in Bradford. The Department for Children, School and Families is a key stakeholder whose position in respect of any possible future Direction is yet to be determined.
3.5 The current contract is narrowly focused, based on a division of responsibilities of the Local Education Authority as at 2001, between the Council and Education Bradford, with some additions to accommodate changes to the legislation. Future arrangements must recognise more integrated working and more recent changes to the legislation. Bradford has a unique opportunity to develop a framework for integrated working that reflects our aspirations for the children and young people of the District and the principles agreed in the Children and Young People’s Plan. As we continue with our ambitious projects to provide first class educational environments through the Building Schools for the Future and Primary Capital Programmes the plans for transformational change in our schools must be reflected in the Council’s support structures and services.
3.6 The Education Contract Steering Group has determined that there are a range of options for the delivery of these services. There is currently a lack of clarity about standards and service levels which needs to be addressed as part of any decision on how services are to be delivered or commissioned. The scope of the services covered by the future arrangements needs to be determined as part of a staged approach to considering future arrangements. This is necessary irrespective of the option for future service provision that is agreed. It also needs to take into account
the fact that schools have increasingly purchased traded services elsewhere or provided them themselves.
3.7 Statutory guidance on the roles and responsibilities of the Director of Children’s Services and Lead Member for Children’s Services confirms that whatever option is approved for the delivery of services the Council will be responsible for ensuring the effectiveness and efficiency of those services and for establishing the strategic direction.
4. Work programme to July 2011
4.1 Below is a brief outline of the processes that the Council would need to undertake to ensure a smooth transition and continuation of service delivery from July 2011.
• June 2009 – Report to the Executive
• June 2009- Early October 2009 Service/Integration Consultation
• June 2009 –October 2009 – Options Refinement
• June 2009–October 2009 – Service Definition
• June 2009 – December 2009 – Data collection
• December 2009 – Council decision on Option
• January 2010 – Tender / service level documentation finalised
• January 2010 – February 2011 – “Procurement” (Competitive Dialogue) / definition of services
• February 2011 – New Arrangements Confirmed
• March 2011 – July 2011 – Service Transition
• August 2011 – New Service Delivery and Governance
• January 2010 – August 2011 – Communications
• March 2011 – ongoing Integrated working
5. Programme Board
5.1 A Programme Board should be established to manage the project through to the start of the new arrangements in August 2011 and beyond. The Programme Board should be formally constituted comprising as a minimum, Elected Members, representatives of the Council, Headteachers, Governors and key stakeholders, including the DCSF. The Programme Board would oversee the development of the programme and implementation of the options agreed by the Council in December 2009.
5.2 The Programme Board will receive reports on the risks to the Council on the options, including the HR and associated TUPE/cost implications of some options.
This will include information on liabilities arising from the end of the current contract.
5.3 In identifying and analysing the options for future service delivery the Programme Board must consider the legal aspects of the roles and responsibilities of the Council for services, the powers of the Council, procurement, contractual and employment law, statutory guidance and the application of DCSF’s powers.
5.4 Detailed information must be gathered both on current services and future demand.
The current contract has handover procedures in relation to expiry or termination of
the agreement. These can be exercised during the period of 24 months preceding the expiry of the contract (29th July 2011).
6. Consultation
6.1 The future service needs to reflect the wider scope and responsibilities of the Council towards children and young people. It also needs to address the current gaps, or duplication in terms of responsibility, strategy, and delivery, as well as the need to move to a more integrated approach.
6.2 The key objective must be to ensure that children and young people are supported by quality services, which are increasingly effective and efficient. They must support the development of integrated and localised services that promote achievement, enjoyment, safety and well-being, a healthy life and opportunities for all children and young people to make a positive contribution to their own lives. This needs to be linked to the wider all age agendas.
6.3 Engagement of the range of stakeholders is essential to ensuring a successful outcome. The Steering Group endorsed the need for a full and wide-ranging consultation with all the relevant parties on the options presented. Therefore, an engagement strategy will need to be implemented which ensures the involvement of children and young people, Governors, Head Teachers and other school staff, elected members, officers of the Council, other key stakeholders and partners in discussions on the preferred models for service delivery.
6.4 This consultation should cover: -
• Feedback on issues / concerns that need to be addressed
• Scope of the services to be delivered
• Ideas for procurement engagement
• Discussion(s) on the range of options and preferences
6.5 The consultations must establish stakeholders’ requirements and identify the optimum arrangements for the future provision of services. The aim is to provide the basis for establishing future arrangements that make a real and sustained contribution to education standards and the wider transformation agenda across the District.
6.6 A series of consultation events/ workshops/seminars will need to take place between June 2009 and November 2009 at a range of venues across the district.
The consultation process needs to reflect current practice and scrutiny arrangements. The design of this consultation recognises the pattern of the school year and the difficulty of fully engaging a significant proportion of key stakeholders in and around the school holidays as well as the need to ensure that time is available to implement the selected option effectively. An evaluation of responses from the consultation will inform a finalised Options Appraisal to be submitted to Executive in December 2009.
7. Options
7.1 The Executive has the option to:
• take no further action
• establish a Programme Board as described in this report.
• establish and alternative method of overseeing the work that needs to be done and instruct officers accordingly.
8 Financial and Resource Appraisal
8.1 There will be a need for the Council to identify the additional finances necessary to progress this work, which will, of necessity use a mix of internal and external resources providing the Programme Board with the support and expertise to manage and deliver a complex process of this nature. The following table helps to breakdown the funding required:-
Description 2009-10 2010-11 2011-12 Total Contract Review Project
Group
300,000 408,000 140,000 848,000 Running Cost (Accom,
Marketing etc) 150,000 204,000 70,000 424,000
Advisors(Finance, HR, Legal,
Procurement) 150,000 204,000 70,000 424,000
Total funding required 600,000 816,000 280,000 1,696,000 Budget Available 104,000 104,000 104,000 312,000 Budget Shortfall 496,000 712,000 176,000 1,384,000 The Council set aside £104,000 towards the contract review as part of its 2009-10 budget process. The shortfall in the budget will have to be addressed as part of the 2010-11 budget setting process.
9. Legal Appraisal
9.1 Identification of the Options and their analysis needs to include consideration of legal aspects of the roles and responsibilities of the Council for services, the powers of the Council, procurement, contractual and employment law, statutory guidance and the application of DCSF’s powers.
10 Equal Rights Implications
10.1 There are none at this Stage but future specification for services and staffing issues should reflect the Council’s policies.
11. Sustainability Implications
11.1 The Council’s aim is to create sustainable communities that embody the principles
education related services must aim to meet the diverse needs of all children and young people, now and in the future, and promote personal wellbeing, social cohesion and inclusion and support the creation of equal opportunities.
12. Community Safety Implications
12.1 None at this stage but future specification of services should reflect the Council’s policies and prevailing legislation.
13. Human Rights Act
13.1 There are none at this stage but future specification of services should reflect the Council’s policies and prevailing legislation.
14. Trade Union
14.1 Trades Unions will be consulted during the Programme.
15. Not for publication documents
15.1 Dbi Consulting Report. The document in Appendix 1 is Not For Publication as it contains information that relating to the financial or business affairs of various parties (including the Authority) and is exempt from publication in accordance with paragraph 3 of Sch 12A Local Government Act 1972. Because of the developing nature of the future of education delivery and the as-yet unknown requirements of the DCSF, the commercial interests of the current contractor and the business interests of the schools, in the all the circumstances of the matter, the public interest in applying this exemption outweighs the public interest in disclosing the information.
16. Recommendations
16.1 That Executive approves the establishment of The Programme Board.
16.2 That the Executive supports the comprehensive consultation process.
16.3 That the Executive receives a report in December 2009 to agree the preferred option for the future services.
16.4 That Executive authorises the Strategic Director of Services to Children and Young People to determine the composition and finalise the remit of the Programme Board and take any actions and decisions necessary to ensure that a full options appraisal is delivered for consideration in December 2009
17. Appendices
17.1 Dbi Consulting Report:
A Not For Publication as it contains information that relating to the financial or business affairs of various parties (including the Authority) and is exempt from publication in accordance with paragraph 3 of Sch 12A Local Government Act 1972. Because of the developing nature of the future of education delivery and the
as-yet unknown requirements of the DCSF, the commercial interests of the current contractor and the business interests of the schools, in the all the circumstances of the matter, the public interest in applying this exemption outweighs the public interest in disclosing the information.
18. Background Documents
18.1 Secretary of State’s Directions 2001 and 2007
