Agenda item

(To receive a report from Emily Nicholls, Commissioning Officer, which asks the Schools' Forum to consider the introduction of Schools Admissions Appeal Charges for Maintained Schools)

Consideration was given to a report from Emily Nicholls, Commissioning Officer, which asked maintained schools representatives on the Schools' Forum to agree School Admissions Appeals Services to be permitted as a chargeable service. 

The Forum was advised that when a child or young person was refused a place at a school, there was a right of appeal against the decision to refuse a place; and that the right of appeal was the same whether the application was made for when a child started school, or if the application was mid-year in any year group.

The Forum was advised that currently academies could purchase this service from the Council (Admissions Team and Legal Services) and that currently there was sufficient capacity to meet demand as not all academies used this service.  The Forum was advised further that currently maintained schools did not pay for this service, which was historic and the Academy schools were invoiced retrospectively.

It was highlighted that in 2018, DfE Schools Revenue Funding operational guidance had been updated to state that maintained schools and academies should be treated equally when it came to the expenditure of DSG budgets.  (Page 75 of the report provided details of the schools operational guidance).  It was highlighted further that the payment of admissions appeals was identified as an anomaly.

It was reported that a consultation had taken place asking schools their opinions on charging all schools for this service, and asking them to suggest any alternative arrangements.  Appendix A to the report provided further details of the responses received for the Forum to consider.  The Forum was advised that to date 17 responses had been received.  Details of the concerns raised were shown on page 76 (points 1 to 7).

During discussion, the Forum raised the following comments:-

·         That the implementation of a charge would create cost pressures for schools particularly rural schools, and as a result other services might have to be cut to finance this proposed charge.  Secondary maintained schools also agreed that support could not be given for the proposal due to its financial impact;

·         Concern was expressed to the timing of the consultation, as it was a busy time for schools;

·         What other authorities were doing to deal with the situation.  Officers were advised that each area had similar issues to Lincolnshire, whether to charge, or not.  Officers advised that one smaller authority had decided not to charge;

·         Some members enquired what the cost would be to the Local Authority for doing it for free.  Officers advised that figures would be difficult to estimate; as the Admissions section only had information about the appeals they had been involved with; and not all Academies used the Local Authority for their appeals.  Officers also confirmed that there would be a risk to the Local Authority to take on the whole liability as there was no budget identified to meet such a cost;

·         The inequality of funding streams across the system, as previous funding had now ended, although protection might still be in place;

·         A question was asked why the charging authority would be charging their own schools; and a further question was asked as to whether maintained schools had a choice as to where to buy the service from.  Officers confirmed that there would be choice available; and

·         Some members felt that all schools needed to be treated equally.

In response to the concerns raised, Officers respected the anxiety of those present.

The maintained school representatives were invited to indicate if they were in support of the proposal.

RESOLVED

1.    The maintained schools representatives present did not support the School Admissions Appeals services being permitted as a chargeable service.

2.    The Local Authority agreed to re-consider the matter further.