Decision Maker: Cabinet

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: May 13, 2025

Purpose:

Content: Salford City Council - Record of Decision (Cabinet)   I Tracy Kelly, Statutory Deputy City Mayor, in exercise of the powers contained within the City Council Constitution do hereby approve: The introduction of a new framework for use by the Council when considering applications from independent schools seeking to move into the maintained sector to replace an independent school within Salford. The Reasons are: The framework provides information about the way in which applications will be assessed by local authority officers and the supporting evidence required. The framework also provides a clear and transparent process; and enables potentially interested schools wishing to apply, the opportunity to plan for an application and ensure there are clear timescales for a local authority response. Options considered and rejected were: None Assessment of Risk: Legislation allows independent schools to make a proposal to join the maintained sector (Section 11, EIA 2006). The local authority is the decision maker for applications from independent schools wanting to move into the maintained sector to replace existing independent schools. The framework will assist the Council in its decision making and prospective applicants will be clear about the Council’s expectations. The source of funding is: Not Applicable Legal Advice obtained: Guy Twemlow, Principal Solicitor: ·         The report sets out the proposed framework for independent schools to become maintained. An independent school is funded by private sources, usually in the form of fees paid by parents, income from investments or charitable trust funds. The school's governing body is responsible for the day-to-day running of the school and decides on its admissions policy. ·         Pupils at independent schools are not required to follow the national curriculum. Maintained schools on the other hand are state schools maintained by local authorities with admission and curriculum requirements varying between the various types of maintained schools. Section 20 of the School Standards and Framework Act 1998 provides for the various types of maintained school. ·         The framework sets out a process for independent schools to seek to become maintained schools and specifies the information required from the school to aid the local authority reach a decision in response to the request.                                                     Financial Advice obtained: Alex Archer, Strategic Finance Manager: ·         On proposing to open a new maintained school to replace an existing independent school, the new school would become funded through the council’s allocation of the Dedicated Schools Grant. The school’s revenue funding would be decided in accordance with Salford City Council’s school funding formula. ·         In relation to capital, the framework explains the standard of accommodation required before entry into the maintained sector would be approved and therefore, makes clear that a move to the maintained sector will not secure priority for major capital investment. The replacement school becomes part of the maintained estate and will be eligible for capital funding streams. ·         There is a financial risk to the council if schools are not in adequate premises. Each year, the council receives a limited pot of monies in relation to the condition of school premises. Should an existing independent school in poor premises become maintained, this could present a burden on these funding streams. Procurement Advice obtained: Not Applicable. HR Advice obtained: Laura Coluccio, Strategic HR Manager: ·         Where Independent Schools apply, and are successful in joining the Maintained Sector, they will either become Voluntary Controlled Schools or Voluntary Aided Schools. ·         In the case of Voluntary Controlled Schools, this means that the LA becomes the employer of staff in the school thus taking on employer liability for staffing matters in the school. Where they become Voluntary Aided Schools, the school Governors will be in the employer. ·         In either option, TUPE will apply, and formal consultation will need to take place in each school before an official transfer can take place. Independent schools will need to consider whether they have the knowledge and expertise in house to manage such a process or need to buy in additional support to ensure they are carrying out their statutory obligations. ·         All Teachers in the Maintained Sector in Salford are currently employed under Conditions of Service for School Teachers in England and Wales (‘The Burgundy Book’). ·         We expect all schools in the Maintained Sector to pay their support staff in line with the NJC (Green Book) Terms and Conditions (or the locally agreed amendments) and commit to the City Mayor’s vision for a Living Wage City. This includes awarding pay increases in line with nationally and locally negotiated pay awards. Aided schools do not legally have to comply with Green and Burgundy Books however we would want to discourage any deviation from these expectations to ensure parity across all schools.  ·         All schools in the maintained sector must maintain statutory standards as outlined in School Teachers Pay and Conditions which includes employing teachers with Qualified Teacher Status. ·         Voluntary Controlled Schools should use Salford City Council policies and procedures and adhere all expectations outlined in the Green Book and Burgundy Book such as the sick pay scheme, maternity schemes etc. Voluntary Aided Schools can consult appropriately with Trade Unions and have different employment policies, similar to those adopted by our Catholic Voluntary Aided Schools. ·         Whilst Independent Schools currently must take regard to the statutory guidance contained within Keeping Children Safe in Education 2024 (and amended each year), as a Local Authority we would need to be assured that each school was upholding those standards in line with Salford City Council expectations. We would encourage all schools considering joining the maintained section to purchase Salford City Councils HR, payroll and safeguarding SLAs. This is particularly important where the school becomes Voluntary Controlled as Salford City Council will be the employer. ·         Further consideration should be given the Health and Safety implications for the Local Authority as the proposed changes will shift responsibility to the Local Authority where the school becomes a Voluntary Controlled School.  Climate Change Advice obtained: Not Applicable The following documents have been used to assist the decision process: ·         Opening and Closing maintained Schools, DfE, updated 2024. ·         Promoting Fundamental British Values through SMSC, DfE, 2014 ·         School’s Admissions Code, DfE, updated 2022 ·         How to apply to set up a mainstream free school, DfE, 2022   Contact Officers:   ·         Cathy Starbuck, Director Education Inclusion ·         Paula Newall, Service Lead, School Organisation              ·         Telephone number: 778 0183/778 0447   The appropriate scrutiny to call-in the decision is the Children’s Scrutiny Panel.               Signed:          Tracy Kelly                        Dated:  15.05.25                         Statutory Deputy City Mayor   For Democratic Services use only   This decision was published on 15.05.25                                           This decision will come in force at 4.00 p.m. on 22.05.25                                                   unless it is called-in in accordance with the Decision Making Process Rules.