cabinet proposed closure of herdley bank church of england primary...

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CABINET Date: 8 December 2015 ______________________________________________________________ Proposed Closure of Herdley Bank Church of England Primary School Report of the Deputy Chief Executive/Director of Children’s Services Cabinet Member: Councillor Robert Arckless, Children’s Services ______________________________________________________________ Purpose of Report This report outlines the results of the statutory consultation process undertaken by the Governing Body of The West Tyne Federation on their proposal to close Herdley Bank Church of England Primary School with effect from 30 April 2016. The report also provides an analysis of the responses received during the statutory period. Cabinet is asked to make a decision as to whether or not to approve the closure of the school as requested by the Governing Body. Recommendations It is recommended that Cabinet:

1) note:

the proposal from the Governing Body of The West Tyne Federation to close Herdley Bank Church of England Primary School with effect from 30 April 2016;

the consultation process undertaken and their response to the outcomes of that consultation; and

the Statutory Proposal to close the school with effect from 30 April 2016 published by the Governing Body on 23 October 2015.

2) Note that Herdley Bank Church of England Primary School is listed on

the Designation of Rural Primary Schools (England) Order 2015 and therefore when formulating the final decision, Cabinet must give consideration to the points set out in paragraph 21 of this report;

3) Note the impact of the proposal set out in the Statutory Proposal

attached at Appendix 5 of this report. 4) Taking into account the Department for Education’s (DfE) ‘School

Organisation Maintained Schools: Guidance for proposers and decision-makers, January 2014’ and the ‘School Organisation

2 Cabinet, 8 December 2015 Proposed Closure of Herdley Bank Church of England Primary School

Maintained Schools, Annex B: Guidance for Decision-makers, January 2014’ attached to this report at Appendix 7, decide how to proceed with the proposal of the Governing Body summarised in the Key Issues of this report in the light of the four options available:

reject the proposal;

approve the proposal without modification;

approve the proposal with a modification (subject to consultation with the Governing Body of The West Tyne Federation) or;

approve the proposal (with or without modification) subject to certain conditions being met.

Key Issues 1. Herdley Bank Church of England Primary School is a very small, rural first

school in the Haydon Bridge Partnership. The school forms part of the West Tyne Federation together with Greenhead, Henshaw and Whitfield CE Primary Schools. Currently 6 pupils, all girls, attend the school. No pupils have joined the Reception Class in September 2015 and there are no pupils in Years 5 and 6.

2. The Governing Body of The West Tyne Federation has proposed to close

Herdley Bank Church of England Primary School with effect from 30 April 2016 on the basis of its inability to guarantee the provision of a broad and balanced curriculum to its pupils, a continuing fall in pupil numbers over the past few years and the consequential negative impact on the school’s financial viability.

While there are sufficient children living in the catchment area, there has

been a pattern of parents expressing a preference for their children to be enrolled at other schools (refer to paras. 13 and 29). When the school census was taken in late Autumn 2014, there were 18 pupils on the school roll, 14 of whom lived within the catchment area; a further 20 pupils of primary school age lived within the Herdley Bank Church of England Primary

School catchment area who could have attended the school, but parents had chosen to send them to other local schools. In November 2015, there are six pupils on roll at the school (all girls) and all live within the Herdley Bank Church of England Primary School catchment area; a further 31 pupils of primary school age are living within the school’s catchment area, but attend other local schools through parental choice.

Furthermore, 43% of children attending the Herdley Bank Under 5’s Group

which is based on the school’s site do not reside in the Herdley Bank Church of England Primary School catchment area (refer to para. 19), but in Cumbria or the Haltwhistle area and go on to other schools for their mainstream education.


An overview of the rationale for this proposal is outlined in the Background to this report.

3. Under School Organisation Regulations, while a Governing Body of a

Voluntary Aided School may propose the closure of their school, the Cabinet on behalf of the County Council is required to make the determination as to whether or not the proposal to close should be approved and implemented.

4. Should Cabinet decide to implement the proposal, the school would close

on 30 April 2016. Pupils who would otherwise have remained on the roll of Herdley Bank Church of England Primary after this date would be offered places in other local schools in accordance with parental preference, subject to a place being available (refer to paragraph 22). Should approval be given by Cabinet for the closure of Herdley Bank Church of England Primary School, Council officers would work with the Governing Body of the West Tyne Federation to ensure as smooth a transition as possible of the pupils to other local schools according to parental preference.

5. The Governing Body of The West Tyne Federation began a six-week consultation on the proposal to close the school on 2 September and ending on 13 October 2015. Around 870 consultation documents were distributed, of which 24 documents or emails were returned setting out the views of 29 consultees; these are included in the Background Papers to this report. During that time, the consultation document outlining the proposals, attached as Appendix 1 of this report, was made widely available. A meeting for staff was held on 3 September 2015 and a meeting for parents and the general public was held on 28 September 2015. The parent and public meeting allowed people the opportunity to make known their views on the proposal and to suggest alternatives. The minutes of this meeting can be found at Appendix 4 of this report. A consultation exercise on the proposal was also carried out with the pupils and their views are included in the responses to consultation in the Background Papers to this report.

6. The outcomes of the consultation are outlined in the Background to this

report. 24 consultation documents or emails were submitted to the Governing Body during the consultation period, although these included the views of 29 consultees in total; 5 of those responses were in favour of the closure, 18 were against and 6 consultees stated they did not know whether the school should close.

7. Following the consultation on the proposal to close the school, the Governing Body met to consider the responses to their proposal and decide how best to proceed in the light of those responses. The outcome of their deliberations was that they decided to continue with their proposal and published a Statutory Proposal on 23 October 2015, a copy of which is attached as Appendix 5. The statutory consultation period that followed the publication of the proposal ran for four weeks from 23 October 2015 until


midnight on 19 November 2015, with any representations being sent to the County Council.

8. 1 representation was received during the statutory four week time limit

prescribed in the Regulations; this representation objected to the proposal to close the school. Further details of the representation and commentary upon it is provided in paragraph 19.

9. As the Decision Maker, the Cabinet must have regard to the DfE’s ‘School

Organisation Maintained Schools Guidance for proposers and Decision Makers, January 2014’ and the ‘School Organisation Maintained Schools, Annex B: Guidance for Decision-makers, January 2014’ attached at Appendix 7 before formulating a decision with regard to the proposal of the Governing Body of The West Tyne Federation to close Herdley Bank Church of England Primary School. In particular, the Cabinet will need to consider carefully the ‘Rural Schools’ guidance (para. 57) set out in School Organisation Maintained Schools Guidance, Annex B: Guidance for Decision-makers, which is relevant to Herdley Bank Church of England Primary School. Further information is provided at paragraph 21.

10. If Cabinet is not able to make a decision in relation to the proposal of the

Governing Body of The West Tyne Federation to close Herdley Bank Church of England Primary School, they must forward the proposal and any representations received during the representation period to the Schools Adjudicator for determination in accordance with time limits set out in regulations.

11. The Governing Body of The West Tyne Federation is now requesting that

Cabinet decide that the proposal to close Herdley Bank Church of England Primary School on 30 April 2016 should be agreed and implemented.

Report Author: Andy Johnson, Director of Education and Skills [email protected] Tel. 01670 622767

mailto:[email protected]


PROPOSED CLOSURE OF HERDLEY BANK CHURCH OF ENGLAND PRIMARY SCHOOL

BACKGROUND Rationale for Consultation

12. Herdley Bank Church of England Primary School is a very small, rural first school in the Haydon Bridge Partnership and forms part of the West Tyne Federation together with Greenhead, Henshaw and Whitfield CE Primary Schools. The West Tyne Federation is overseen by one Governing Body and the four schools are managed by an Executive Headteacher. The Executive Headteacher is currently absent from the school on sick leave. A temporary headteacher has been put in place by the governing body facilitated via the Local Authority and a local teaching school at Whitfield Primary School, in addition another acting headteacher has been put in place seconded from her role as pupil premium champion at Greenhead Primary school.

13. There has been a decline in the number of pupils at Herdley Bank Church of England Primary School over the last few years. At the beginning of the school year 2014/15, there were 19 pupils on roll at the school; however, at the initiation of consultation in September 2015 there were only 8 pupils in

the school. In November 2015, there were 6 pupils on the school roll, all of whom are girls. No pupils joined Reception Class in the school in September 2015 and there are no pupils in Years 5 and 6 despite the school extending its age range to include Years 5 and 6 with effect from 1 September 2013. Other schools in the federation have been subject to Ofsted inspection; Whitfield CE Primary School is currently in special measures and at its last visit was judged not to be making adequate progress, while Greenhead CE Primary School was judged to require improvement last term.

When the school census was taken in late Autumn 2014, there were 18 pupils on the school roll, 14 of whom lived within the catchment area; a further 20 pupils of primary school age lived within the Herdley Bank Church of England Primary School catchment area who could have attended the school, but parents had chosen to send them to other local schools. In November 2015, there are six pupils on roll at the school (all girls) and all live within the Herdley Bank Church of England Primary School catchment area; a further 31 pupils of primary school age are living within the school’s catchment area, but attend other local schools through parental choice.

14. Herdley Bank Church of England Primary School was previously judged to be ‘Good’ by Ofsted in 2013, but in the view of the Governing Body has significant challenges around ensuring that this continues to be the case. The Governing Body of The West Tyne Federation is concerned that the dramatic fall in pupil numbers at the school would make it difficult to


maintain its current ‘Good’ rating from Ofsted and that it also could be placed in Special Measures at its next inspection.

Looking forward, the school’s budget will continue to reduce in line with the fall in the number of pupils, while the school will continue to have to pay its fixed costs. With just 6 pupils on roll the school will face significant financial challenges in the longer term. The Governing Body believes that with such small numbers on roll, it will be increasingly difficult to provide a broad and balanced curriculum at the school to provide all of the educational, social, emotional and cultural experiences they require to ensure they achieve their full academic potential.

15. Educationally, the Governing Body and the teaching staff will be faced with

the dilemma of how to provide a full and challenging curriculum for the pupils remaining in the school. Linked to the provision of a full curriculum is the availability of funding for the school. Funding is based on the number of pupils within a school, not the size of the school. Therefore, with the school’s finances being reduced significantly from April 2016, the school will find it extremely difficult to fund the number of staff required to provide the full curriculum that the children need in the way that they believe it should be delivered, and in subsequent years it will reduce further. The indicative budget for the coming years at Herdley Bank Church of England Primary School suggest that the school would be in deficit of £8,469 in 2016-17 and £8,536 in 2017-18.

16. The Governing Body met in July 2015 to discuss the way forward for the

school which included representation from the joint education team of the Church of England Dioceses of Durham and Newcastle. The Governing Body and the Church of England Diocese agreed that it would become increasingly difficult to maintain the same high standard of educational provision to pupils at Herdley Bank Church of England Primary School as that provided to pupils in other schools and they did not believe that was acceptable. Therefore, with great reluctance the Governing Body agreed to begin consultation on a proposal to close the school with effect from 30 April 2016, with consultation beginning on 2 September 2015.

Consultation Outcomes 17. 24 completed consultation documents and emails were submitted to the

Governing Body of The West Tyne Federation during the 6 week consultation period between 2 September and 13 October 2015, although these contained the responses of 29 consultees. 11 of the consultees who responded were parents of current pupils of Herdley Bank Church of England Primary School, while 10 were parents of children in the Herdley Bank Under 5’s Playgroup, a PVI (private, voluntary, independent) nursery based on the school site. Of the responses received, 5 were in favour of the closure, 18 were against and 6 consultees stated they did not know whether the school should close. Further details of the views of respondees are set


out in the Consultation on the closure of Herdley Bank Church of England Primary School - Report to Governors 20 October 2015 provided at Appendix 3 to this report.

18. Alternative proposals The Governing Body had received the following alternative proposals

through the consultation process:

a) 4 consultees suggested reverting to First School status b) 2 consultees suggested themes around working more closely with

and supporting Herdley Bank Under 5s Group c) 1 consulted proposed that the school should become a Forest School d) 1 consultee suggested asking all parents for extra funding e) 1 consultee suggested scrapping the shared day f) 1 consultee suggested improving links and communication with the

community g) 1 consultee suggested looking at how other small schools have

prospered h) 1 consultee suggested increasing the number of KS2 children

Commentary on Alternatives to closure: The Governing Body believe that given the size of the local population and

availability of other schools that there are no viable alternatives to the closure proposal. The forest school option was considered but not thought viable. The option of merging with, or working more closely with the Herdley Bank Under 5s has been extensively considered by the Governing Body but the providers have been reluctant to engage with the school. The Governing Body also considered the possibility of temporarily moving the children to another school until numbers rose, but concluded that the children would probably not wish to transfer back, and that the cost of continuing to employ the staff would be prohibitive.

Representations Received during Statutory Period 19. Only 1 representation was submitted to the County Council during the four

week statutory period that followed the publication of the Statutory Proposal. Representation 1 – This representation was submitted by parents of a child

currently in Herdley Bank Under 5’s Group and prospective parents of Herdley Bank Church of England Primary School. The key issues raised in the representation are:

Given the geographical area which the school serves, younger children would have longer to travel to school.


Commentary There are currently now only six pupils on roll with the school. All six pupils are already eligible for Home to School Transport to Herdley Bank Church of England Primary School. Should all six pupils transfer to either the proposed new catchment school, Haltwhistle Community Campus Lower School or to one of the three other schools in the West Tyne Partnership, they would have longer journeys to school. However, depending on the residence of the individual pupil and the alternative school selected, none of these journeys would exceed the 45 minutes maximum for each leg of the journey recommended in Government guidelines. Should some pupils select the nearest school to their residence, for which they would be eligible under the Council’s Home to School Transport Policy, they could in fact have a shorter journey to school than currently to Herdley Bank Church of England Primary School.

Concerns about Governor representation at the Governors meeting on 20 October 2015. Commentary For clarification, the Chair of Governors chaired the Governing Body meeting of 20 October 2015 when the decision was made to publish the Statutory Proposal. Furthermore, the Governor who was not able to attend submitted her views via email and this was included in the papers to the meeting. Finally, there has been a vacancy for a Parent Governor at the school for some time, but no nominations have been received.

There is no good reason for the school to close as it has an excellent infrastructure.

Commentary

While the school does have a good infrastructure, the number of pupils now on roll at the school means that its financial viability is threatened and Governors do not believe that a broad and balanced curriculum for the children will be able to be sustained in the long term.

Parents support the continuance of the school. Commentary While parents did show support at the public meeting held at the school, this is not reflected in the number of pupils who are on roll at


the school. In Autumn 2014, there were 18 pupils on the school roll, 14 of whom lived within the catchment area; a further 20 pupils of primary school age lived within the school’s catchment area who could have attended, but parents had chosen to send them to other local schools. In November 2015, there are six pupils on roll at the school (all girls) and all live within the Herdley Bank Church of England Primary School catchment area; a further 31 pupils of primary school age are living within the school’s catchment area, but attend other local schools through parental choice.

Governance and leadership has not been good. Commentary Some policies, such as pupils being transported to other schools in the federation to have shared activities, have been implemented by the school over a number of years and were based on a specific educational rationale. However, some policies have been more popular with some parents than others.

Numbers at Herdley Bank Primary School could grow to 17 in September 2016 and therefore the current low number is only a blip. Commentary In fact, the projected numbers for 2016 are 11 pupils; however, given the recent pattern at Herdley Bank Church of England Primary School of downward trend in pupil numbers there is no guarantee that these pupils would in fact attend the school. While theoretically numbers might rise to 17 by 2018, in practice the likelihood is that very small numbers in the upper age groups, the children would leave at the end of Year 4 as they have done in the past, leaving possible attendance figures of 10 in 2016, 13 in 2017 and 15 in 2018. While there are sufficient children living in the catchment area, there has been a pattern of parents expressing a preference for their children to be enrolled at other schools. If every eligible child in the catchment area were to attend Herdley Bank Church of England Primary School, it is possible that the school could return to viable numbers in 4-5 years, but recent patterns suggest this is not likely to happen and in the meantime the Governing Body does not believe that the children at the school would receive the level of educational provision that they deserve.


Attendance at Herdley Bank Under 5s Group is good and indicates there could be more children who could attend the school given time. Commentary Around 43% of the children who attend Herdley Bank Under 5s Group in fact reside outside the catchment area (mostly from Cumbria) and it has been the pattern that many of these children do not go on to attend Herdley Bank Church of England Primary School. The Headteacher of Herdley Bank Church of England Primary school has made efforts over many years to engage with the Preschool and other sectors of the community, but this has not resulted in additional pupils joining the school.

The school needs time to sort itself out and leadership and governance who care whether it remains open.

Commentary

The Acting Head Teacher at Herdley Bank Church of England Primary School is working very hard to maintain standards at all the schools in the West Tyne Federation. The Governors have recommended the closure of the school with the deepest reluctance, but on the basis that it would be in the best educational interests of the pupils at the school. They do not believe that additional time will resolve the issues faced by the school and that in the meantime the pupils remaining would not receive as the same level of education as that enjoyed by their peers in other schools for the foreseeable future.

The parents request Cabinet to allow the school to remain open.

The full representation is provided at Appendix 6.

In considering their decision, the Cabinet should note that the views expressed by the Church of England Diocese of Newcastle support the view of the Governing Body of The West Tyne Federation that there is no viable and sustainable alternative to the closure of Herdley Bank Church of England Primary School.

Standards 20. As stated in para. 14, while Herdley Bank Church of England Primary

School was judged to be a ‘Good’ school by Ofsted at its last inspection in 2013. However, the Governing Body is concerned that this rating would be difficult to maintain due to the financial constraints that would be placed on the school through a reducing budget due to falling pupil numbers and there is a concern that the school could be placed in Special Measures.


While Greenhead and Whitfield CE Primary Schools (also in the West Tyne Federation) have had poor Ofsted judgements recently, their results at Key Stage 1 (KS1) in 2015 have been stronger than those in Herdley Bank Church of England Primary School in 2015. Furthermore, the results at KS1 in 2015 for Henshaw CE Primary School (in the West Tyne Federation) and Haltwhistle Community Campus Lower School (proposed to take on the catchment area of Herdley Bank Church of England Primary School should it be approved for closure) have been significantly better than Herdley Bank’s in 2015 (refer to Table 1):

Table 1

KS1 - % Achievement for Level 2B+ 2015

Reading (%)

Writing (%) Maths (%)

Herdley Bank Primary 50 75 50

Henshaw Primary 87.5 87.5 87.5

Greenhead Primary 69.2 61.5 69.2

Whitfield Primary 66.6 66.7 83.3

Haltwhistle Community Campus Lower School

81.8 63.6 72.7

National average* 82 72 82

*Data from RAISEonline

However, care needs to be taken when interpreting such figures as the

cohort sizes in the four schools in the federation are very small in comparison with Haltwhistle Community Campus (Lower School).

Rural Schools 21. Herdley Bank Church of England Primary School is categorised as a Rural

School within the Department for Education’s List of Designated Rural Schools 2015. The Governing Body of The West Tyne Federation considered the implications for the school in formulating the decision to publish the Statutory Proposal on 23 October 2015 in the light of the following guidance, set out in para. 57 of the DfE Schools Organisation, Maintained Schools, Annex B: Guidance for Decision-makers:

“There is a presumption against the closure of rural schools. This does not mean that a rural school will never close, but the case for closure should be strong and the proposal clearly in the best interests of educational provision in the area. Those proposing closure should provide evidence to show that they have carefully considered the following:

alternatives to closure including the potential for federation with another local school or conversion to academy status and joining a multi-academy trust or umbrella trust to increase the school’s viability;

the scope for an extended school to provide local community services; and facilities e.g. child care facilities, family and adult learning, healthcare, community internet access etc.;


the transport implications; and

the overall and long term impact on local people and the community of closure of the village school and of the loss of the building as a community facility.”

The implications above were considered by the Governing Body at their

meeting on 20 October 2015 and paras. 18, 26, 27 and 30 refer. It should also be noted that Herdley Bank Church of England Primary School already forms part of the West Tyne Federation and joint arrangements have not prevented the school from suffering a dramatic loss in pupil’s numbers over the last year.

Cabinet will also have to consider the conclusions of the Governing Body in

conjunction with the guidance in relation to Rural Schools. Provision for pupils 22. Should the Cabinet approve the proposal of the Governing Body of The

West Tyne Federation to close Herdley Bank Church of England Primary School with effect from 30 April 2015, 6 pupils who would otherwise have attended the school would be displaced. There are 3 pupils in Year 1 and 1 pupil in each of Years 1, 2 and 3. Should approval be given by Cabinet for the closure of Herdley Bank Church of England Primary School, Council officers would work with the Governing Body of the West Tyne Federation to ensure as smooth a transition as possible of the pupils to other local schools according to parental preference.

The Council proposes that should the school be approved for closure, its catchment area should be incorporated into the catchment area of Haltwhistle Community Campus (Lower School), as this is the next nearest school to the community currently served by Herdley Bank Church of England Primary School and the Council would guarantee transport to Haltwhistle if parents chose this option. At the end of Year 4 at Haltwhistle Community Campus (Lower School) pupils would transfer to Haltwhistle Community Campus (Upper School). The Upper school has recently been judged to require special measures by Ofsted. Across the whole school there would be the capacity to accommodate all 6 pupils should Herdley Bank Church of England Primary School be approved for closure.

23. Parents have the right to choose an alternative school for their child, and the Governing Body of the West Tyne Federation would guarantee admission into any of the other three primary Church of England faith schools in the federation should parents wish to continue to educate their child within a church school. The federation is made up of three other Church of England schools and the Church of England Diocese of Newcastle have been fully involved in all consultation. Parents would be able to express a preference for a church school if they wish to and the County Council would provide


transport to other schools in accordance with the Council’s Home to School Transport Policy. There would be the capacity across the three other schools in the West Tyne Federation to accommodate all 6 pupils from Herdley Bank Church of England Primary School should it be approved for closure.

To facilitate this proposal, it is proposed that the following model be implemented in accordance with the following arrangements and timeline:

24 March 2016

Final day on which pupils remaining on roll at Herdley Bank Church of England Primary School attend the school.

11 April 2016

All pupils remaining on roll with Herdley Bank Church of England Primary School would transfer either to one of the other three schools in the West Tyne Federation (see below) or to Haltwhistle Community Campus (lower school), or to another local first or primary school according to parental preference, subject to a place being available, in order to coincide with the beginning of the school Summer Term and thereby support educational continuity.

30 April 2016

Herdley Bank Church of England Primary School would officially close.

24. At the end of Year 8 at Haltwhistle Community Campus Upper School,

pupils would transfer to a high or secondary school, according to parental preference. Parents choosing to send their child to another Primary School would still be able to apply for a place at Haydon Bridge High School for Year 7, but transport for pupils living within the current catchment area would normally not be provided by the Council until Year 9.

Staff 25. If a decision to approve closure of the school is made, staff employed at

Herdley Bank Church of England Primary School would be deemed to be ‘at risk’. While the Governing Body of the school is the employer of the staff, Council officers would work with them in order to identify redeployment opportunities elsewhere in the County and to avoid redundancies where possible. Any costs associated with ongoing salary protections of redeployed staff would need to be met from within the Dedicated Schools Grant (DSG) from the revenue savings that would be made as a result of the proposed closure. Any costs associated with any possible redundancies could also be met from the savings within the DSG.


Transport 26. Should closure be approved, there would be a cost implication for the

Council’s Home to School Transport budget of circa an additional £95 per day, as the remaining pupils in Herdley Bank Church of England Primary School are already eligible for transport and would be most likely transfer to either Haltwhistle Community Campus Lower School or to one of the other primary schools in the West Tyne Federation. As a result, it is unlikely that there would be a significant increase in use of motor vehicles should the school be approved for closure. In any event, individual pupil’s eligibility would be assessed against the requirements of the Council’s Home to School Transport Policy.

While concerns were raised in the representation submitted objecting to the

closure of the school that the younger children currently on roll at Herdley Bank Church of England Primary School would have to undergo longer journeys to school, should parents choose to send their child to the nearest alternative CE school in the West Tyne Federation where a place was available or to the Haltwhistle Community Campus Lower School (which is the proposed catchment school), the journeys to these schools would remain under the Government’s recommended guidelines of no more than 45 minutes for each leg of the journey. Furthermore, if some of the parents of the current children on roll select to send their child to their ‘nearest’ in distance school, those children would in fact have a shorter journey to school than they currently have to Herdley Bank Church of England Primary School.

Impact on the Community and Denominational Provision 27. There would be no anticipated denominational impact on the community

should Herdley Bank Church of England Primary School be approved for closure, as across the three other Church of England Schools within the West Tyne Federation there are places available in the required year groups of Years 1, 2, 3 and 4 for the current pupils. The potential impact on the community in relation to the Early Years provision based at the school is set out in para. 29.

There is no evidence to suggest that the closure of Herdley Bank Church of England Primary School l would have either a positive or negative impact on community cohesion within the local area. The impact on the community of the potential loss of the Herdley Bank school building as a facility is set out in paras. 29 and 30.

Special Educational Needs 28. There are currently no pupils on roll with a statement of Special Educational

Needs and an Education and Healthcare Plan is in the process of being finalised for one pupil. In any event, appropriate provision for pupils with


additional needs would be available at the Haltwhistle Community Campus Lower School or the other three schools in the West Tyne Federation.

Early Years Provision 29. Herdley Bank Church of England Primary School does not have provision

for Early Years education. However, Herdley Bank Under 5’s Group, which is a PVI nursery, is currently located on the school site. The setting had originally intended to try to raise funds to buy the entire Herdley Bank Church of England Primary School site, but it now appears that parents have begun to move their children to pre-schools closer to other schools; 43% of children attending the Herdley Bank Under 5’s Group do not reside in the Herdley Bank Church of England Primary School catchment area (refer to para. 19), but live in Cumbria or the Haltwhistle area and there has been a pattern of children going on to other schools for their mainstream education. The Herdley Bank Under 5s Group therefore does not believe it has a viable future based at the Herdley Bank school site.

While the Governing Body of Herdley Bank Church of England Primary

School did consider taking over management of the Herdley Bank Under 5s Group, but it was rejected for the following reasons:

Herdley Bank Under 5s Group is opposed to the proposal;

there would be implications for staffing costs;

the take-over would trigger an automatic Ofsted inspection at a time when the Governing Body believes Herdley Bank Church of England Primary School is vulnerable to being placed in Special Measures;

the take-over of the early years provision would not help with increasing class sizes at the upper end of age the age range.

The Herdley Bank Under 5s Group has been working together with the

Council’s Development Worker to look for alternative premises to operate from for some time since the proposal to close the school was raised. However, most places would incur a huge increase in the nursery’s financial outgoings as currently they do not pay for rent or utility bills at the school premises. The Under 5s Group has been in some financial difficulty for a while and has been supported by grants from The Western Tynedale Children’s Centre at Haltwhistle on occasions and has also received lottery funding. They are considering operating as a forest school and talking to people at the local Church Hall, although this is not looking like a viable proposition at the moment.

Council Officers are currently assessing the impact of the potential loss of

the Early Years provision at Herdley Bank in order to ensure that sufficient early years places to meet the needs of the local area are available. The Council’s Early Years Development Worker is working closely with the current provider to offer advice and support on potentially moving premises and also promoting child-minding within the community. The Western Tynedale Children’s Centre will continue to provide a Play Van in the area


and as a significant number of children travel from Haltwhistle to Herdley Bank, as assessment of provision and vacancies is currently being undertaken.

The CE Diocese of Newcastle is intending to serve notice to the Herdley

Bank Under 5s Group should approval for the closure of Herdley Bank Church of England Primary School be given as 6 months’ notice would be required.

Land and Buildings

30. The land and buildings of Herdley Bank Church of England Primary School are owned by the Church of England Diocese. Any on-going revenue costs associated with the land and buildings would have to be met by the CE Diocese. However, the CE Diocese would avoid the cost of any future capital expenditure that might be necessary should the school remain open.

Alternative proposals for the use of the building were considered by the

Governing Body at their meeting on 20 October 2015; 8 consultees had suggested the continued use of the building by the Herdley Bank Under 5’s Group (refer to para. 29), 1 consultee suggested the building could become a shop and one consultee suggested the building should be for community use.


IMPLICATIONS ARISING OUT OF THE REPORT Policy Closure of Herdley Bank Church of England

Primary School would assist towards a reduction in the number of surplus places at both partnership and county levels.

Finance and value for money Closure of the school would produce

recurrent revenue savings of approximately £110k in a full year which would accrue to the DSG.

Herdley Bank Church of England Primary

School may close with a surplus or a deficit depending upon the costs, including redundancy costs which the school would need to incur during the period leading up to the proposed closure. Any surplus would accrue to the DSG whilst any deficit would have to be met from either the DSG or other Children's Service's budgets.

It is not expected that there will be any

significant impact on the council’s home to school transport budget as a result of this proposal as there is existing school transport provision in place to other schools in the local area. (see para. 26). Any on-going revenue costs associated with the building would have to be met by the CE Diocese. However, the CE Diocese would avoid the cost of any future capital expenditure that might be necessary should the school remain open.

Human Resources There would be a need to seek redeployment opportunities for the staff, both teaching and non-teaching, employed at the school.

Property The land and building of Herdley Bank

Church of England Primary School is owned by the CE Diocese

Equalities An Equalities Impact Assessment has Yes been carried out on these proposals


and has been updated in the light of feedback from consultation. This is attached at Appendix 8 of this report.

Risk Assessment The primary risks associated with this

proposal are that the reputation of County Council could be damaged if this difficult issue is not handled sensitively and that there may be redundancy costs incurred if redeployment opportunities are not found.

Crime & Disorder This report has considered Section 17 (CDA)

and the duty it imposes and there are no implications arising from it.

Customer Considerations The proposed closure is primarily based upon the fact that the school has continuing falling pupil numbers and will therefore have increasingly significant difficulty in maintaining financial viability in order to sustain a broad and balanced curriculum for pupils.

Sustainability The wider implications of the effect of the

proposed closure of Herdley Bank Church of England Primary School on the community will need to be considered, as outlined in paragraph 20 of this report.

Consultation The contents of this report have been

considered by the Cabinet Member for Children’s Services and the Legal Services Manager. It has also been subject to the statutory consultation process with all those prescribed in Regulations and the associated statutory guidance.

Wards Haltwhistle


BACKGROUND PAPERS Report of the Executive Director of Wellbeing and Community Health, 29 September 2015

Copies of the completed response forms Report sign off

Finance Officer JB

Monitoring Officer/Legal LH

Human Resources PG

Procurement TP

I.T. NA

Executive Director DL

Portfolio Holder RA

Report Authors: Andy Johnson, Director of Education and Skills [email protected] Tel. 01670 622767 Appendices Appendix 1 Consultation Document

Appendix 2 Consultation Register

Appendix 3 Consultation on the closure of Herdley Bank Church of England Primary School - Report to Governors 20 October 2015

Appendix 4 Minutes of the Governing Body Meeting, 20 October 2015

Appendix 5 Statutory Proposal, published 23 October 2015

Appendix 6 Representations received during 4 week statutory period

Appendix 7a DfE, School Organisation Maintained Schools, Guidance for proposers and Decision Makers

Appendix 7b DfE, School Organisation Maintained Schools, Annex B: Guidance for Decision Makers

Appendix 8 Equalities Impact Assessment (to be completed)



Appendix 1

Copy of the Governing Body’s Consultation Document

Governing Body of the West Tyne Federation

Consultation on the possible closure

of Herdley Bank CE Primary School

September-October 2015


Reasons for the Governing Body’s consultation on closing Herdley

Bank CE Primary School

The primary responsibility of a Governing Body is to ensure that the school offers high-

quality education, delivered through a broad and balanced curriculum in line with the

National Curriculum. The Governing Body of Herdley Bank CE Primary School is

committed to ensuring that all children attending schools in the West Tyne Federation

receive the same high standard of educational provision and the same educational

opportunities as any other pupil in Northumberland.

In the light of falling numbers at the school, it is becoming increasingly difficult to provide

the best educational experience for children at Herdley Bank CE Primary School. The

Governing Body has therefore reluctantly concluded that it must consider the option of

closing the school at the end of April 2016 and re-directing the pupils to other local

schools.

At the time this consultation was initiated there were 8 pupils at the school, all of whom

were girls. There were no pupils in reception, Year 5 or Year 6. With such small numbers

it is increasingly difficult to provide a broad and balanced curriculum at the school, and to

offer the children sufficient educational, social, emotional and cultural experiences to

ensure they achieve their full academic potential.

At the same time, the Governing Body must ensure that the premises are maintained,

while managing a balanced budget. Schools are funded according to the number of pupils

they have on roll, rather than the size of the school building. As the number of pupils

decreases, so does the funding – but the running costs of the premises (such as heating,

lighting, cleaning and maintenance of the building) do not.

If a school’s funding reduces as a consequence of having fewer pupils, it becomes

increasingly difficult to meet all these responsibilities. There comes a point when the

Governing Body can no longer fund the staff and provide the educational resources


needed to offer the pupils a broad and balanced curriculum, while still funding the

maintenance of the school building.

At Herdley Bank CE Primary School, the number of pupils has declined in recent years with

few signs of significant increases. In particular, at the beginning of the school year

2014/15, there were 19 pupils on roll at Herdley Bank CE Primary School. By the end of

the 2015 Summer Term, the number on roll had fallen to just 9 pupils and current data

indicates there will be only 8 pupils in the school in September 2015, with no pupils in

Reception or in Years 4 to 6. Looking forward, the school’s budget will continue to reduce

in line with any fall in the number of pupils.

Unless the rapid decline in pupil numbers at Herdley Bank CE Primary School is reversed in

the very near future, it is unlikely that the school will be sustainable for much longer.

How would this proposal affect the pupils in Herdley Bank CE

Primary School?

If approval for closure of Herdley Bank CE Primary School is given by the Council’s Cabinet

following the necessary statutory processes, places for pupils would be found in other

local schools. Places would be guaranteed for current pupils at one of the other three

schools in the West Tyne Federation (Greenhead, Henshaw and Whitfield) for parents

who wish to continue to educate their child within a Church school ethos, and transport

on the basis of faith would be provided to the nearest Church school. However, the

Council would join the catchment area of Herdley Bank CE Primary School to that of

Haltwhistle Community Campus Upper and Lower Schools, as this is the nearest school to

the greater part of the Coanwood community. Parents would therefore have the option

of sending their child to Haltwhistle Community Campus and transport would be

guaranteed to Haltwhistle for all children from Reception to Year 8. However, parents

would have the right to choose any alternative school for their child and the Council

would provide transport to other schools according to their eligibility under the Council’s

Home to School Transport Policy.


If Herdley Bank CE Primary School closes, parents who choose to send their child to

another Primary School could still apply for a place for their child at Haydon Bridge High

School for Year 7, but transport would not normally be provided by the Council for Years 7

and 8, as the catchment school for Year 7 and 8 pupils in the former Herdley Bank CE

Primary School catchment would be Haltwhistle Community Campus (Upper).

If the proposal to close Herdley Bank CE Primary School is approved by the Council’s

Cabinet, the proposed official closure date is 30 April 2016, because of a specific staffing

requirement. However, as this date falls 3 weeks into the Summer Term, this would not

be a reasonable time for pupils in Herdley Bank CE Primary School to transfer to their new

schools. Therefore, it is proposed that the last day when pupils would attend Herdley

Bank would be Thursday 24 March 2016; pupils would then join their new schools after

the Easter Break on the first day of the Summer Term, which would be 11 April 2016. The

table below shows how pupils would move across to the new arrangements, should they

be approved:

Date Transition Plan

24 March 2016 Final day for pupils in Herdley Bank Primary School

25 March – 10 April 2016 Easter Break, 2016

11 April 2016 Pupils join a different school according to parental choice

30 April 2016 Herdley Bank CE Primary School officially closes

Should Herdley Bank CE Primary School be approved for closure, in order to make the

transition process for pupils as easy as possible, the Governing Body could also explore

whether they could join their new school earlier in the Spring Term. The questionnaire at

the end of this document invites parents to comment on this proposition.

What would happen to staff at Herdley Bank CE Primary School?

If the proposal to close Herdley Bank CE Primary School is approved, staff employed at the

school would be ‘at risk’ of redundancy. While the Governing Body is the employer,

Council officers would support the Governing Body working with the staff to identify


redeployment opportunities elsewhere in the County and to avoid redundancies where

possible.

What impact would the proposal have on the local community?

The Governing Body recognises that the closure of Herdley Bank CE Primary School would

have an impact on the communities served by the school. However, the decision to

consult on the closure of the school has been made after much deliberation and with

great reluctance. The Herdley Bank CE Primary School building and site are owned by the

Newcastle Diocesan Education Board, who would want to consider alternative uses of the

site if the decision to close the school is made. Any feasible suggestions on alternative use

arising from this consultation would be considered by the Board. As part of this

consultation, the Governing Body will be holding discussions with the management of

Herdley Bank Under 5’s Group.

As Herdley Bank CE Primary School is a rural school, the impact of the school’s closure

would also need to be considered carefully by the Councillors who sit on Northumberland

County Council’s Cabinet, as it is they who would make the final decision on whether or

not to approve the closure of the school, should the process continue to that stage.

How can I make my views about this proposal known?

In order to make an informed decision about the next steps, the Governing Body needs to

hear the views of the staff, governors, parents, pupils and local community who would be

most affected by closure of the school. You can ensure that your views are considered by:

1) Completing the questionnaire at the back of this consultation document and

sending it to the address provided no later than Tuesday 13 October 2015.

2) Attending a consultation meeting: the following timetable provides details of

separate meetings for staff and parents and the wider community where you will able to

discuss the proposal with the Governing Body, council officers and school representatives:


Venue Meeting type Date Time

Herdley Bank CE Primary School Staff only Thu 3rd Sept 3.30 p.m.

Herdley Bank CE Primary School Parents and public Wed 16th Sept 6.30 p.m.

What happens at the end of the consultation?

All the feedback received during consultation will be analysed and presented in a report to

the Governing Body in late October 2015, when it will decide whether or not to proceed

to the next stage of the process. If the Governing Body decides to proceed, there will be a

further four week statutory period when you can make written representations about the

proposals. The Council’s Cabinet would then meet in early December 2015 to make a final

decision on whether or not to approve the implementation of the proposal.

Consultation on the proposal to close Herdley Bank CE Primary

School

Your name (Optional): .................................................................................................................

Are you responding mainly as a (tick one box only)?

Parent/carer of children at Herdley Bank CE Primary School

Governor in Herdley Bank CE Primary School

Staff Member in Herdley Bank CE Primary School

*Parent/carer of child(ren) in another school

*Governor in another school

*Staff member in another school

*Pupil in another school

If you ticked any of the starred (*) options, with which school do you most associate with?

......................................................................................................................................................

Parish Councillor Parish/town council ...........................................

Resident in Haydon Bridge

School Partnership area Town/village .......................................................


Resident outside of Partnership area Town/village .......................................................

Other Please clarify

......................................................................................................................................................

Your views: (continue on separate sheet where necessary)

1) What do you think about the proposal to close Herdley Bank CE Primary School on 30

April 2015?

For Against Don’t know

Please provide the main reasons for your answer

2) Do you have an alternative proposals or suggestions for tackling the issues facing the

school, or any further comments?

3) If this proposal is approved, would you wish the Governing Body to explore whether

pupils could transfer to their new schools during the Spring Term, rather than on

11 April (the start of the Summer Term)?

Yes No Don’t know

Comment:


4) If this proposal is approved, do you have a suggestion for alternative use of the

Herdley Bank CE Primary School site?

Please return this form to arrive no later than Tuesday 13 October 2015

By post to FAO Cllr Alan Sharp Chair of Governors, Herdley Bank Primary School,

Coanwood, Haltwhistle, Northumberland, NE49 0QT

By email to [email protected]

or drop your form off at the school office.

Thank you for taking part in this consultation



Appendix 2

Consultation Register

Herdley Bank CE Primary School – Statutory Consultation

Herdley Bank CE Primary School (parents, staff, pupils)

Other schools directly impacted by proposal:

Haltwhistle Community Campus Lower School (parents, staff)

Haltwhistle Community Campus Upper School (parents, staff)

Greenhead CE Primary School (parents, staff)

Henshaw CE Primary School (parents, staff)

Whitfield CE Primary School (parents, staff)

Schools possibly affected by proposal

Haydon Bridge Community High School And Sports College

Gilsland Church of England Primary School

Hallbankgate Village School

Relevant Local Authorities

Northumberland County Council

Cumbria County Council

Church of England Diocese of Newcastle

Local MP

Guy Opperman

Parish Councils

Knaresdale with Kirkhaugh

Coanwood

Hartleyburn

Unions

Early Years Providers

Herdley Bank Under 5’s Group


Appendix 3

Consultation on the closure of Herdley Bank Church of England Primary

School - Report to Governors 20 October 2015


HERDLEY BANK CLOSURE CONSULTATION – ANALYSIS

Pupils’ Responses In favour of keeping school open : 5 Reasons: Like the work 1 Will miss friends 2 Great teachers 2 Friendly 1 Like it here 3 Like shared day 1 Don’t like big schools 2 But want more children in my yeargroup 2 Don’t like shared day 1 In favour of closing school : 1 Reasons: Leaving after Christmas anyway Not many children Wants to go to Haltwhistle LS so as to make friends for HUS


Consultation Responses Responses received from parents/carers of HB children 11 HB governor (email communication to MNW – Appendix 1) 1 HB staff 4 other parents/carers (mainly of HB U5 children) 10 HBU5 staff 2 parish council 1 parish councillors 2 local resident 1 Total: 27 individual responses (some respondents in >1 category) and one corporate response In favour of closure: 5 Against closure: 18 Don’t know: 6 Reasons to close: Lack of children 8 Funding/resources 4 Reasons not to close: Want own child to attend 5 Impact on community 11 Young families likely to move away 2 Impact on under 5s locally 4 Is a good school/provides good education 10 Distance to other schools 9 Unsettling for own child 2 Belief that decision already made 3 Reasons for current problems: Primary status 3 HT committed to too many schools 2 Lack of support for school or communication with community 5 Alternative suggestions Revert to First School status 4 Encourage U5s to transfer to HBFS 1 Become a Forest School 1 All parents to ask for extra funding 1 Scrap the shared day 1 Improve links/communication with community 1 Look at how other small schools have prospered 1 Increase number of KS2 children 1 Offer more support to HBFS so that it thrives again 1 Consider transferring children before 30th April


Yes: 6 (including 3 parents) No: 3 (including 2 parents) Don’t know: 6 (including 2 parents) Reasons for: Move at beginning of term (?) 2 Minimise disruption to education 1 Reasons for caution: Consider best interests of individual children 4 (including 3 staff) Alternative uses for the premises Under 5s group/nursery 8 Local shop 1 Community space 1 Other comments Church should encourage the HBU5s and make use of the building 17 children currently in HBU5s Closure would affect learning of 2-4 year olds who might not travel elsewhere HBU5s is an exceptional group, no other comparable provision locally. Good transition to HBFS.

Appendix 1: Email from Governor

If I am not there [at the meeting on 20/10/15 – MNW]..... I have not completed the form, mainly as I find it hard to commit my views to paper.

I think, in all seriousness, we cannot continue to keep HB open, as hard as that might seem. If there is a vote you can count mine for closure. Regards,


Appendix 4

Extract from the minutes of the Governing Body Meeting, 20 October 2015


Appendix 5

STATUTORY PROPOSAL FOR THE PROPOSED CLOSURE OF HERDLEY BANK CHURCH OF ENGLAND AIDED PRIMARY SCHOOL

In accordance with section 15(2) of the Education and Inspections Act 2006, this proposal sets out the intention of the Governing Body of the West Tyne Federation to discontinue (close) Herdley Bank Church of England Aided Primary School, Coanwood, Haltwhistle, Northumberland, NE49 0QT with effect from 30 April 2016. Herdley Bank Church of England Aided Primary School is a local authority maintained voluntary school. Contact Details

Copies of this proposal may be obtained from :

The Governing Body of the West Tyne Federation

Herdley Bank Church of England Aided Primary School

Coanwood

Haltwhistle

Northumberland

NE49 0QT

Or from the school’s website at www.herdleybank.northumberland.sch.uk

Implementation

Herdley Bank Church of England Aided Primary School is proposed to close with effect from 30 April 2016.

Objectives and reason for closure

The objective of these proposals is to discontinue (close) Herdley Bank Church of England Aided Primary School, Coanwood, Haltwhistle, Northumberland, NE49 0QT with effect from 30 April 2016. Herdley Bank Church of England Aided Primary School is a very small, rural first school in the Haydon Bridge Partnership and is one of four schools that form the West Tyne Federation, which is managed by one Governing Body; the other three schools within the West Tyne Federation are:

Greenhead CE Primary School Greenhead

Brampton Cumbria CA8 7HB

Henshaw CE Primary School Henshaw Hexham Northumberland NE47 7EP

http://www.herdleybank.northumberland.sch.uk/


Whitfield CE Primary School Whitfield Hexham Northumberland NE47 8JH

The Governing Body is consulting on the proposal to close Herdley Bank Church of England Aided Primary School at the end of April 2016 for the following reasons:

1. There has been a decline in the number of pupils at Herdley Bank Church of England Aided Primary School during the last few years. At the beginning of the school year 2014/15, there were 19 pupils on roll at Herdley Bank Church of England Aided Primary School. However, at the initiation of consultation there were only 8 pupils on roll at the school, all of whom are girls, and the number has now dropped to 6 pupils. No pupils have joined Reception Class in the school this September and there are no pupils in Years 5 and 6.

2. The Governing Body believes that with such small numbers on roll, it will be increasingly difficult to provide a broad and balanced curriculum at the school to provide all of the educational, social, emotional and cultural experiences they require to ensure they achieve their full academic potential. Moreover the decline in the school’s pupil numbers will mean that in the future the school’s budget will continue to reduce while the school will continue to have to pay its fixed costs. With just 6 pupils on roll the school will face significant financial challenges.

3. The Governing Body is proposing the closure of Herdley Bank Church of England Aided Primary School purely on the basis that this is in the best educational interests of the pupils attending the school, in the light of the fall in pupil numbers and the school’s financial viability. The school was rated ‘Good’ by OfSTED at its last inspection in 2013. The pupils would be re-directed to other local schools should closure be approved (refer to Displaced Pupils below).

Pupil Numbers and Admissions

There are currently 6 pupils on roll at Herdley Bank Church of England Aided Primary School in Years 1, 2 and 4.

The age range of the school is 4-11 and provides education to both boys and girls.

There are currently 0 pupils with statements of Special Educational Needs or additional needs enrolled at the school.

Displaced Pupils

In accordance with section 15(2) of the Education and Inspections Act 2006, the Governing Body of the West Tyne Federation intends to discontinue (close) Herdley Bank Church of England Aided Primary School, Coanwood, Haltwhistle, Northumberland, NE49 0QT with effect from 30 April 2016: In September 2015, there were 8 pupils enrolled at Herdley Bank Church of England Aided Primary School, a local authority maintained voluntary school; in October 2015 there are 6 pupils enrolled at the school. It is expected that a similar number of pupils would be on roll in


September 2016, who would be displaced should the school close. To facilitate this, it is proposed that the following model be implemented in accordance with the following arrangements and timeline:

24 March 2016

Final day on which pupils remaining on roll at Herdley Bank Church of England Aided Primary School attend the school.

11 April 2016

All pupils remaining on roll with Herdley Bank Church of England Aided Primary School would transfer either to one of the other three schools in the West Tyne Federation (see below) or to Haltwhistle Community Campus (lower school), or to another local first or primary school according to parental preference, subject to a place being available, in order to coincide with the beginning of the school Summer Term and thereby support educational continuity.

30 April 2016

Herdley Bank CE Primary School would officially close. The name and addresses of the schools where it is proposed that pupils would transfer are:

Greenhead CE Primary School Greenhead

Brampton Cumbria CA8 7HB


Whitfield CE Primary School Whitfield Hexham Northumberland NE47 8JH

Haltwhistle Community Campus (Lower School) Woodhead Lane Haltwhistle Northumberland NE49 9DP

Greenhead, Henshaw and Whitfield CE Primary Schools also form part of the West Tyne Federation together with Herdley Bank Church of England Aided Primary School. However, parents would have a right to express a preference for any alternative school for their child should approval be given for closure of the Herdley Bank Church of England Aided Primary School.


Impact on the Community

The site and buildings of Herdley Bank Church of England Aided Primary School are owned by the Newcastle Diocesan Education Board which is seeking ideas for alternative use of the site should the school be approved for closure. Furthermore, the Herdley Bank Under 5’s Group currently provides day care for children under the age of five in the local area and is located on the site of the school; it is envisaged that the Herdley Bank Under 5’s Group would consult with the Newcastle Diocesan Education Board on how to continue this provision for the local community should closure be approved.

Balance of denominational provision

Should Herdley Bank Church of England Aided Primary School be approved for closure, there would be no change to the balance of denominational provision as the other three schools within the West Tyne Federation have a religious character and are located in the local area should parents exercise their preference for their child to continue a faith education:

Greenhead CE Primary School Greenhead Brampton Cumbria CA8 7HB


Whitfield CE Primary School Whitfield

Hexham Northumberland NE47 8JH However, if the school is approved for closure, it is proposed by Northumberland County Council that the catchment area of Herdley Bank Church of England Primary School would transfer to Haltwhistle Community Campus (Lower School) and that parents would be able to apply for a place at that school:

Haltwhistle Community Campus (Lower School) Woodhead Lane Haltwhistle Northumberland NE49 9DP

In any event, parents would be able to apply to any other local first or primary school according to parental preference.

Rural Primary Schools

Herdley Bank Church of England Aided Primary School falls within the categorisation of a rural primary school as set out in Section 15 of the Education and Inspections Act 2006 and listed in the Designation of Rural Primary Schools Order 2015, therefore The School Organisation


Regulations governing school closure require that the following matters are considered when the closure of a rural school is proposed. These are:

The likely effect of the discontinuance of the school on the local community;

The availability and likely cost to the local education authority of transport to other schools;

Any increase in use of motor vehicles that is likely to result from the discontinuance of the school, and the likely effects of any such increase and;

Any alternatives to the discontinuance of the school. The Governing Body of the West Tyne Federation considered the above matters at their meeting of 20 October 2015, along with alternative proposals to closure of the school. A key issue raised with regard to impact on the local community of closure of the school would be the possible loss of the Herdley Bank Under 5’s Group which is located at the Herdley Bank Church of England Primary School site (refer to para. ‘Impact on the Community’). It is not envisaged that there would be a significant impact in relation to costs to the Council’s Home to School Transport budget should the school be approved for closure as there are currently only 6 pupils on roll and given that there is existing school transport provision in place to other schools in the local area. In addition, it is unlikely that there would be a significant increase in use of motor vehicles should the school be approved for closure.

Maintained nursery schools

N/A

Provision for 16-19 year olds

N/A

Special educational provision/Additional Needs

There are currently no pupils with a statement of Special Educational Needs or with additional needs on roll at Herdley Bank Church of England Aided Primary School.

Provision for pupils with SEN/Additional Needs would be available at the other local schools within the West Tyne Federation and at Haltwhistle Community Campus (lower school).

Travel

The Council proposes that should the school close, its catchment area should be incorporated into the catchment area of Haltwhistle Community Campus (lower school), as this is the next nearest school to the community currently served by Herdley Bank Church of England Aided Primary School, and the Council would guarantee transport to Haltwhistle; at the end of Year 4 at Haltwhistle Community Campus (Lower School) pupils would transfer to Haltwhistle Community Campus (Upper School). In any event, all parents have the right to express a preference for an alternative school for their child, and the Governing Body would guarantee admission into one of the other three primary schools in the West Tyne Federation should parents wish to continue to educate their child within a church school. The County Council would provide transport to other schools in accordance with the Council’s Home to

School Transport Policy. Journeys for the current pupils on roll to any of the alternative schools proposed would take

between 10 to 25 minutes depending on the distance from the individual pupil’s and the


alternative school selected, although this does not take into account inclement weather or number of additional stops to school. However, it is not envisaged that any journey would exceed the Government’s best practice guidelines for pupils of primary age to travel no more than 45 minutes each way from home to school and back.

At the end of Year 8 at Haltwhistle Community Campus Upper School, pupils would transfer to a high or secondary school, according to parental preference. Parents choosing to send their child to another Primary School would still be able to apply for a place at Haydon Bridge High School for Year 7, but transport would normally not be provided by the Council.

There would be no anticipated significant increase in car use or in costs to the Council’s Home to School Transport budget due to the small number of pupils at the school and existing transportation routes as a result of these proposals.

Consultation

All of the applicable statutory requirements to consult on this proposal in accordance with Section 15(2) of the Education and Inspections Act 2006 were complied with during the consultation period that took place between September and October 2015.

During that time, 857 copies of a consultation document outlining the proposals were forwarded to relevant consultees including parents, staff, Governors, local schools that could be impacted, parish councils, Northumberland County Council and early years providers. The consultation documents were also made widely available in accordance with statutory requirements. 29 consultees responded to the consultation, including 11 parents or carers. A meeting for staff was held at the school on 3 September 2015 and a meeting for parents and the public was held at the school on 16 September 2015. The parents and public meeting allowed people the opportunity to make known their views on the proposal and to suggest alternatives. The date and venue of the meeting was published in the Consultation Document and in the local newspaper with an invitation for all interested parties to attend.

Details of the persons and parties consulted, the minutes of the public consultation meeting, and views of the persons consulted are detailed in the report of the Chair of Governors considered at the Governing Body meeting of 20 October 2015.

Submission of Objections and Comments on Proposals

Within four weeks after the date of publication of the these proposals (i.e. by midnight on Thursday 19 November 2015), any person may object to or make comments on the proposals by sending their written representations to: The Deputy Chief Executive/Director of Children’s Services, County Hall, Morpeth, Northumberland NE61 2EF, or by email to [email protected].

Signature Publication Date: 23 October 2015 Councillor Alan Sharp Chair of Governors



Appendix 4

Representations received during 4 week statutory period

Representation 1 Dear Lorraine, Geographically this school is the most south-western school in the county of Northumberland and it serves a large area, which has a number of villages. Should this school be closed, a lot of young children will be spending longer days being bussed around. I am concerned that the Chairman of the Governors was not at the meeting of the Governors when the decision was taken to close the school. I have asked him why he could not attend and he has failed to reply. One other governor who has been a staunch supporter of the school was unable to attend the meeting of the Governors when it was decided to close the school, as she was in hospital. I would have expected those that either believed in the School or who had indicated they had an open mind to be given the opportunity to attend such an important meeting. As far as I am aware, no parent had been invited to be a governor representing Herdley Bank First School (HBFS) for two or three years. Why was support for the larger Governor group not sought? In the run up to the decision taken by the Governors to close the school, several articles appeared in the press (The Journal and the Hexham Courant) stating that the school would close. How can this be the case? As a prospective parent of this school (our daughter is due to join the School next year), I can see no good reason for this school to be closed. It has an excellent infrastructure which will be almost impossible to replace if closed. At a public meeting held last month, there was plenty of support for the School to be kept open from the parents and from the governors present, including the Chair. It seems this school building has been badly managed by the head-teacher (who has been off sick for several months) and by indecision on the part of the Governors. Policies have been implemented, which have not been popular with the parents, including bus-ing the children around the Group of Schools, which has been a waste of resources and of the children’s learning time. At the public meeting last month, it was agreed HBFS was economically viable until September, 2016. At this time, there are indications the number of pupils will rise to an estimated 17, which is a major step in the right direction. Although there are only 6 children attending the School at present, the appears to be a blip, extenuated by the quality of education on offer, not due to a complete non-existence of children living in this area. The strong lead of the adjoining Herdley Bank nursery, which is independently run indicates there is a strong demand from local parents for a good school, but not for a


poorly run one. There are sufficient children living in the area to make HBFS work, but things have become so bad, parents have been actively taking their children to a school further away from their homes, which is currently in special measures (Whitfield School), rather endure the teaching of a non-existent Head, whom it would seem has entirely failed to engage with parents & community she is employed to serve. The school needs time to get itself sorted out. It needs a Head teacher who is willing to make the school work and a board of governors who care whether it remains open. I ask the Council to give this School the opportunity to remain open. I would be happy to attend the Council cabinet meeting. Yours sincerely, XX


Appendix 7a


Appendix 7b


Appendix 8

Equality Impact Assessment

To be completed for all key changes, decisions and proposals. Cite

specific data and consultation evidence wherever possible. Further

guidance is available at:

http://www.northumberland.gov.uk/default.aspx?page=3281

Duties which need to be considered:

Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act

Advance equality of opportunity between people who share a protected characteristic and those who do not

Foster good relations between people who share a protected characteristic and those who do not

PART 1 – Overview of the change, decision or proposal

1) Title of the change, decision or proposal:

Proposal presented under consultation September 2015 – October 2015 by the Governing Body of The West Tyne Federation:

The closure of Herdley Bank Church of England Primary School with effect from 30 April 2016.

This equalities impact assessment was carried out in relation to the above proposal.

2) Date of equality impact assessment:

October – November 2015 following Statutory consultation process. This EIA will be refreshed and updated should approval for implementation of the proposal be given by Cabinet on 8 December 2015.

http://www.northumberland.gov.uk/default.aspx?page=3281


3) Brief description of the change, decision or proposal:

The Governing Body of The West Tyne Federation have consulted on a proposal to close Herdley Bank Church of England Primary School between 2 September and 13 October. Following this, the Governing Body published a statutory proposal on 23 October 2015. The Council’s Cabinet is responsible for making the final decision on whether or not to close the school on 8 December 2015.

4) Name(s) and role(s) of officer(s) completing the assessment:

Lorraine Fife, FACT Board and School Organisation Officer

5) Overall, what are the outcomes of the change, decision or proposal

expected to be? (E.g. will it reduce/terminate a low-priority service,

maintain service outcomes at reduced cost, or change the balance of

funding responsibility for a service which will remain the same?)

The proposal to close Herdley Bank Church of England Primary School with effect from 30 April 2015 was brought forward and consulted upon by the Governing Body of the West Tyne Federation as a result of a drastic fall in pupil numbers at the school over the last year. In addition to Herdley Bank, the West Tyne Federation includes Greenhead CE, Whitfield CE and Henshaw CE Primary Schools, all managed by one Governing Body and an Executive Headteacher who is currently on sick leave.

There would be places available across the federation for pupils should parents wish to continue their children’s education within a faith school in the event that approval is given for the closure of Herdley Bank Church of England Primary School. The Council proposes that the catchment area of Herdley Bank Church of England Primary School should be allocated Haltwhistle Community Campus Upper and Lower Schools should it close. The Governing Body of the West Tyne Federation does not believe that Herdley Bank Church of England Primary School will be able to sustain the broad and balanced curriculum required in the long term based on the fall in pupil numbers within the last 12 months and the consequential impact this will have on the school’s budget going forward. The Governing Body believes that pupils in Herdley Bank Church of England Primary School would receive at least the same level of education that they currently receive in the school at either the other schools within the West Tyne Federation or at Haltwhistle Community Campus Lower and Upper School, which are proposed to become the catchment school should Herdley Bank be approved for closure.


6) It is envisaged that the implementation of the proposals would lead to improved outcomes for pupils in the Coanwood area.

If you judge that this proposal is not relevant to some protected

characteristics, tick these below (and explain underneath how you have

reached this judgement.

Disability Sex - X Race X Religion

Sexual Orientation X

People who have changed gender X Women who are pregnant or have

babies

Employees who are married/in civil partnerships X

The characteristics checked above are not relevant because:

Should the proposal to close Herdley Bank Church of England Primary School be approved, all pupils who would have remained on roll at the school on 1 May 2016 had it remained open would be affected equally by the proposal. These pupils would be guaranteed places at the proposed catchment school or at the other 3 schools within the West Tyne Federation. Home to school transport would be available to the catchment school, nearest school, or to the nearest faith school where a place was available (should that be the parental preference), as the nearest alternative schools are either more than 2 miles or 3 miles away or have no safe walking route. In any event, eligibility for home to school transport is assessed on an individual basis.

However, Parents are also able to exercise their parental preference for another school subject to places being available in the selected alternative schools.

In the medium to long-term, there is no reason to believe that the proposed school closure would affect more positively or negatively than their peers any group of children, parents or staff defined by their gender, age, race, sexual orientation or gender-reassignment status. During the immediate process of transition, we would invite families to let us know if they are concerned about the impact that the change may have on the support networks for any individual children who may be at particular risk of harassment of discrimination.

Existing HR policies covering organisational change and redundancy would apply to staff employed at Herdley Bank Church of England Primary School. These are designed to ensure that the equalities duties of the Council and the schools are fully met.


PART 2 – Relevance to different Protected Characteristics

Answer these questions both in relation to people who use services and

employees

Disability

Note: “disabled people” includes people with physical, learning and sensory

disabilities, people with a long-term illness, and people with mental health

problems. You should consider potential impacts on all of these groups.

7) What do you know about usage of the services affected by this change,

decision or proposal by disabled people, about disabled people’s

experiences of it, and about any current barriers to access?

There is currently no evidence to suggest that any member of the community with a disability would be disproportionately impacted positively or negatively should the proposal to close Herdley Bank Church of England Primary School be approved. An Education and Healthcare Plan is currently being drafted for one child on roll at the school.

Any pupil, parent or member of staff in Herdley Bank Church of England Primary School who has a disability would not be affected by these proposals as any arrangements already in place to ameliorate such disability would be replicated at the alternative schools as required. An education and healthcare plan is currently in the process of being drawn up for one pupil currently on roll at the school. Appropriate arrangements would be made where this is necessary to avoid potential adverse impacts to this pupil should the need arise.

8) Could disabled people be disproportionately advantaged or

disadvantaged by the change, decision or proposal?

In the medium to long term, there is no reason to believe that the proposed school closure would affect disabled children, staff or parents more positively or negatively than their peers. In particular, the support identified through the special educational needs system would continue to be provided to all pupils who need it.

During the immediate process of transition, we would consult the relevant families about any specific potential impacts on individuals; for instance, because of loss of support networks or the need to replicate reasonable adjustments made to accommodate disabled children, and we would ensure that appropriate individual arrangements are made where this is necessary to avoid potential adverse impacts.


9) Could the change, decision or proposal affect the ability of disabled

people to participate in public life? (e.g. by affecting their ability to go to

meetings, take up public appointments etc.)

The proposed changes would not affect any current arrangements for disabled people to participate in public life as adjustments would be made to enable access to alternative schools, should such access not already be in place.

10) Could the change, decision or proposal affect public attitudes towards

disabled people? (e.g. by increasing or reducing their presence in the

community)

There is no evidence to suggest that the proposed closure of Herdley Bank Church of England Primary School would affect public attitudes towards disabled people.

11) Could the change, decision or proposal make it more or less likely that

disabled people will be at risk of harassment or victimisation?

There is currently no evidence to suggest that the proposed closure of the school would increase or decrease any risk of harassment or victimisation above that which may already exist to any pupil, member of staff or member of the community with a disability.

In line with current special educational needs systems, families would be consulted about any potential issues for individual children arising from the disruption of support networks during the process of transition.

12) If there are risks that disabled people could be disproportionately

disadvantaged by the change, decision or proposal, are there reasonable

steps or adjustments that could be taken to reduce these risks?

There is no evidence to suggest that there are any risks of disproportionately disadvantaging any pupils or members of staff of Herdley Bank Church of England Primary School who have a disability.

13) Are there opportunities to create positive impacts for disabled people

linked to this change, decision or proposal?

Should Herdley Bank Church of England Primary School be approved for closure, the schools that pupils would transfer to would have more pupils and therefore there is likely to be more capacity within those schools to address the needs of pupils with SEN or an Education and Healthcare Plan.


Age


decision or proposal by people of different age groups, about their

experiences of it, and about any current barriers to access?

Herdley Bank Church of England Primary School provides education to pupils between the age of 4 and 11. However, the six pupils remaining on roll at the school are within Years 1,2, 3 and 4. Only pupils within this age ranges would be affected by the proposal.

Staff at Herdley Bank Church of England Primary School are employed equitably in accordance with the school’s and council’s employment policies. Should approval for closure of the school be given, suitable alternative employment for staff would be sought in accordance with the schools’ and council’s redeployment policies deal on an equitable basis, regardless of age.

15) Could people of different age groups be disproportionately advantaged or

disadvantaged by the change, decision or proposal?

See para. 14. Above.

16) Could the change, decision or proposal affect the ability of people of

different age groups to participate in public life? (e.g. by affecting their

ability to go to meetings, take up public appointments etc.)

There is no evidence to suggest that the proposals would have any effect on the ability of different age groups to participate in public life more or less than already occurs. No evidence has arisen during consultation to would suggest that anyone within this protected group would be prevented from participating in public life.


people of different age groups? (e.g. by increasing or reducing their

presence in the community)

While the proposal would mean that more children would potentially attend the 3 other schools within the West Tyne Federation and Haltwhistle Community Campus, there is no evidence to suggest that this would affect public attitudes towards these pupils.



people of different age groups will be at risk of harassment or

victimisation?

There is no evidence to suggest that this would increase or reduce the risk of harassment or victimisation of this group of pupils when they transfer to alternative schools. The receiving schools will have anti-bullying policies in place to ensure that any harassment or victimisation of the new pupils is dealt with effectively.

19) If there are risks that people of different age groups could be

disproportionately disadvantaged by the change, decision or proposal, are

there reasonable steps or adjustments that could be taken to reduce

these risks?

Refer to para. 13.

20) Are there opportunities to create positive impacts for people of different

age groups linked to this change, decision or proposal?

It is believed that the learning experience of the pupils currently on roll at Herdley Bank Church of England Primary School would be able to be at least maintained by transferring them to alternative schools, as due to financial constraints caused by predicted falling pupil numbers, Herdley Bank Church of England Primary School will find it difficult to provide the broad and balanced curriculum required in the future.

Religion or belief

Note: In the Equality Act, religion includes any religion. It also includes a lack

of religion. Belief means any religious or philosophical belief or a lack of such

belief.


decision or proposal by people with different religions or beliefs, about

their experiences of it, and about any current barriers to access?

Herdley Bank Church of England First School is a faith school but is also a local community school and therefore accepts pupils of all faiths or no faith.

Should approval for the closure of the school be given, parents wishing to continue a faith education for their child would be guaranteed a place at one of the other 3 Church of England schools within the West Tyne Federation, i.e. Greenhead, Whitfield or Henshaw Church of England Primary Schools. Alternatively, parents who may have sent their child to


Herdley Bank Church of England Primary School due to its proximity rather than religious considerations would be able to access non-denominational provision at the proposed catchment school, Haltwhistle Community Campus Lower School.

22) Could people with different religions or beliefs be disproportionately

advantaged or disadvantaged by the change, decision or proposal?

See para 21) above.

23) Could the change, decision or proposal affect the ability of people with

different religions or beliefs to participate in public life? (e.g. by affecting

their ability to go to meetings, take up public appointments etc.)

There is no evidence to suggest that the proposals would have any effect on the ability of staff, pupils or parents with different religions or beliefs to participate in public life more or less than already occurs. No evidence has arisen during consultation to would suggest that anyone within this protected group would be prevented from participating in public life.


people with different religions or beliefs? (e.g. by increasing or reducing

their presence in the community)

No evidence has arisen during consultation to suggest that this proposal would affect public attitudes towards staff, pupils or parents with different religions or beliefs. However, should the proposal be approved for implementation, this would be reviewed and if evidence of negative attitudes arise, then appropriate individual arrangements to the extent possible would made where this is necessary to avoid potential adverse impacts.


people with different religions or beliefs will be at risk of harassment or

victimisation?

No evidence has arisen during consultation to suggest that pupils, parents or staff with different religions or beliefs would be more or less at risk of harassment or victimisation should the proposal to close Herdley Bank Church of England Primary School be approved. However, should the proposal be approved for implementation and evidence of harassment or victimisation then appropriate individual arrangements would made to remove the potential adverse impacts to the extent possible.


26) If there are risks that people with different religions or beliefs could be

disproportionately disadvantaged by the change, decision or proposal, are

there reasonable steps or adjustments that could be taken to reduce

these risks?

Refer to para. 21).

27) Are there opportunities to create positive impacts for people with different

religions or beliefs linked to this change, decision or proposal?

There is no evidence to suggest through consultation at this stage that a positive impact would be created for pupils, staff or parents with different religions or beliefs as a result of the implementation of this proposal. However, this would be reviewed should the proposal be approved for implementation to identify whether any positive impact does result for future learning.

Pregnancy and Maternity

Note: the law covers pregnant women or those who have given birth within the

last 26 weeks, and those who are breast feeding.


decision or proposal by pregnant women and those who have children

under 26 weeks, about their experiences of it, and about any current

barriers to access?

Staff at Herdley Bank Church of England Primary School are employed equitably in accordance with the school’s and council’s employment policies. Should approval for closure of the school be given under the proposals, suitable alternative employment for staff would be sought in accordance with the schools’ and council’s redeployment policies on an equitable basis, including for those staff who may currently be pregnant or on maternity leave.

There is no evidence to suggest that the proposals would create any barriers to pupils accessing any of the schools impacted by the proposals who have a parent who may be pregnant or who has other children under 26 weeks old as the 6 pupils on roll would be eligible for Home to School transport to their catchment or nearest school or to nearest faith school under parental preference. Should approval for closure of Herdley Bank Church of England Primary School be given, parents of pupils currently attending the school (and who would normally have remained at the school on 1 May 2016) who may be pregnant or have other children under 26 weeks at the time when the proposal would be implemented would therefore not be disadvantaged by the proposal. However,


appropriate individual arrangements to the extent possible would made where this is necessary to avoid potential adverse impacts.

29) Could pregnant women and those with children under 26 weeks be

disproportionately advantaged or disadvantaged by the change, decision

or proposal?

No evidence has been provided that the closure of Herdley Bank Church of England Primary School would cause disproportionate disadvantage to a member of this protected group. The six pupils currently on roll at the school are all in receipt of home to school transport. However, should evidence arise, the council would use its best endeavours to the extent possible in accordance with the Admissions Policy to seek a solution that would ameliorate such disadvantage.

30) Could the change, decision or proposal affect the ability of pregnant

women or those with children under 26 weeks participate in public life?

(e.g. by affecting their ability to go to meetings, take up public

appointments etc.)

There is no evidence to suggest that the proposals would affect the ability of this protected group to participate in public life under the proposals.


pregnant women or those with children under 26 weeks? (e.g. by

increasing or reducing their presence in the community)

There is no evidence to suggest that the proposals would have any effect on public attitudes to this protected group under the proposals.


pregnant women or those with children under 26 weeks will be at risk of

harassment or victimisation?

There is no evidence to suggest that the proposal would make it more or less likely that this protected group would at risk of harassment or victimisation under the proposals.


33) If there are risks that pregnant women or those with children under 26

weeks could be disproportionately disadvantaged by the change, decision

or proposal, are there reasonable steps or adjustments that could be

taken to reduce these risks?

No evidence has arisen during consultation to suggest that the protected group would be disproportionately disadvantaged by the proposals under the proposals. However, should the proposal be approved for implementation and evidence come to light that identifies risks to persons within this group appropriate individual arrangements to the extent possible would made where this is necessary to ameliorate such risks.

34) Are there opportunities to create positive impacts for pregnant women or

those with children under 26 weeks linked to this change, decision or

proposal?

No immediate positive impact for this group has been identified through consultation at this stage. However, while the land and buildings of Herdley Bank Church of England Primary School are owned by the CE Diocese of Newcastle, there may be opportunities for the local community use by groups providing services to pregnant women or new mothers within the community.

Human Rights

35) Could the change, decision or proposal impact on human rights? (e.g. the

right to respect for private and family life, the right to a fair hearing and the

right to education)

There is no evidence to suggest that the proposals would impact positively or negatively on the human rights of any of the protected groups identified within this EIA.

PART 3 – Course of Action

36) Based on a consideration of all the potential impacts, tick one of the following as a summary of the outcome of this assessment:

X

The equality analysis has identified risks or opportunities to promote better equality; should the proposal be approved for implementation, it would be adjusted to avoid risks and ensure that opportunities are taken.


37) Explain how you have reached the judgement ticked above, and

summarise any steps which will be taken to reduce negative or enhance

positive impacts on equality.

From the initial analysis of the possible negative or positive impact of the proposal on groups with protected characteristics, there is no evidence to suggest that any of these groups would be disproportionately disadvantaged or advantaged by the proposal. Should the proposal be approved for implementation, the EIA would be reviewed to ensure that if any evidence arises that there could be possible negative impacts, those risks would be analysed to establish whether or not there were certain risks to any or all of those groups. Steps to reduce negative impacts or enhance positive impacts would then be defined.

PART 4 - Ongoing Monitoring

38) What are your plans to monitor the actual impact of the implementation of

the change, decision or proposal on equality of opportunity? (include

action points and timescales)

This EIA has been updated following the Statutory consultation period. Should the proposals be approved for implementation, the EIA would be further updated at that time. Appropriate action would be identified in the light of the consultation and where necessary, an action plan with timescales developed.

PART 5 - Authorisation

39) Name of Head of Service and Date Approved

Once completed, send your full EIA to:

[email protected]. A summary will then be generated

corporately and published to the Council’s website.


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