1 THE ISSUE

1.1 The Council have embarked on a programme of area reviews of primary school provision in order to ensure that the service is delivered in the most effective manner in terms of standards, resources, access to good facilities for children, staff and local communities and promotion of community cohesion through the making of local schools the natural and easy choice for parents and carers. The North & Central Bath area which includes Swainswick was reviewed between January and April 2004.

1.2 A brief study of the impact of closure of the school on the local community has been undertaken. It is now necessary to consider whether to proceed to formal consultation or to take no further action.

2 RECOMMENDATION

The Council Executive is asked to:

2.1 Agree that formal statutory consultation be undertaken in the first term of the 2004/05 academic year.

3 4 FINANCIAL IMPLICATIONS

4.1 The costs of the consultation process can be met from existing resources.

5 THE REPORT

5.1 Between January and March 2004 the Council undertook a review of primary schools in north & central Bath. This area includes Swainswick CE VC Primary School. Swainswick is regarded by the LEA as a rural school and this was confirmed in the School Organisation Plan 2003-2008.

5.2 At its meeting on April 7 2004 the Executive decided that there was a case for proposing closure of the school. However, following strong representations from people associated with the school, and in line with statutory guidance regarding the potential closure of rural schools, the Executive asked Officers to examine in greater detail the potential impact that school closure might have on Swainswick and the surrounding area.

5.3 This decision was taken on the grounds that unit costs at the school were high and a significant number of children lived a considerable distance from the school. There was some doubt as to whether Swainswick and the surrounding community could sustain a school in the medium term. Concern was also expressed as to the proportion of unfilled places at the school which, in January 2004, stood at 14% although this equates to a relatively small number of places.

5.4 In pursuance of the study of the impact of closure Officers asked Heads of Service across the Council what impact there might be on provision in the area were the school to close. No Service has reported any likely negative impact.

5.5 Contact has also been made with adjoining LEAs, namely South Gloucestershire Council and Wiltshire County Council. No response has been received. Officers contacted Marshfield Primary School in South Gloucestershire direct and were advised that there were few places available in Reception in the current or coming academic year.

5.6 Responses received during the original review exercise made it clear that there was considerable local support for the continued maintenance of the school. Responses split into two clear groups. One point of view was that Swainswick offers a choice of a smaller school for parents / carers in Bath who consider this necessary or desirable for their children. Some of these respondents stated that they had moved their children to the school as they had not had good experiences in larger schools.

5.7 The other group of responses came from parents / carers who live in the small villages north of Swainswick (including some in adjoining local authorities) who regard the school as their local school. Officers considered that there was no purpose in seeking further comment from these stakeholders during this exercise as, if the Council moves to formal consultation, there will be ample opportunity for these views to be injected into the debate.

5.8 During the period following the Executive meeting of 7 April a copy of a letter from the Diocese of Bath & Wells to the school was sent to the Education Service. The letter stated that the Diocese would support the school should consultation on closure be initiated. By implication, the Diocese would oppose any proposal to close the school should the matter fall to be determined by the School Organisation Committee (SOC). This is of critical importance.

5.9 Members are reminded that any statutory proposal to which there have been objections must be withdrawn or referred to the SOC. It is reasonable to expect objections to any proposed closure of Swainswick and therefore that the matter would be placed before the SOC for determination. If the SOC is unable to reach a unanimous decision on a proposal the proposer can refer the decision to the Office of the Schools Adjudicator. It must be noted that any proposal which reduces the proportion of denominational places and has been opposed by the relevant Church group on the SOC cannot be approved by the Adjudicator.

5.10 Members are asked to note that there is a likelihood of the Diocese opposing any statutory proposal to close the school.

5.11 Members are asked to note that approximately 10% of places are now unfilled at the school. There is a possibility that a housing development at Bailbrook Lane may result in a small number of additional children but the closest school to this development is St Saviours.

5.12 The school buildings are far from suitable but there is no pressing need to consider replacement of the buildings with the attendant capital costs.

5.13 Members are asked to note that whilst a substantial proportion of children attend the school despite being closer to other schools there are also a significant number of children living in the area for whom the school represents a reasonably local choice. The tables in Appendix 1 show the intakes for the current year and for September 2004. The tables show that of the 21 children who joined the school in 2003 or will join the school in 2004 eleven children (52%) live no more than half a mile from another B&NES school.

5.14 The tables also show that of combined Reception intake for 2003 and 2004 five (24%) are from outside the LEA. Analysis of the postcodes of these children indicates that in 80% of cases there are schools closer to their home address than Swainswick.

5.15 When considering the impact of a closure of a rural school the Council is obliged to take into account, amongst other considerations, the recurrent costs of providing school transport to children who, depending on their age, live more than two or three miles from the school to which they have been transferred. Also there is the probability that children who live within these distances will be entitled to school transport on the grounds that the route to their designated school is regarded as hazardous.

5.16 The closures of Parkside Infant, St Swithin's CE Infant and Swainswick CE Primary Schools would reduce the number of unfilled places at St Saviour's CE Infant to a very small number.

6 RISK MANAGEMENT

A risk assessment related to the issue and recommendations has been undertaken, in compliance with the Council's decision making risk management guidance.

7 RATIONALE

7.1 Unit costs at this school are higher than at other schools in the area.

7.2 Closure of this school would assist in the filling of unfilled places at other schools in the area.

8 OTHER OPTIONS CONSIDERED

8.1 The option to take no further action was considered but rejected as it would eliminate the possibility of more detailed analysis, wider consultation and further discussions with the Diocese of Bath & Wells.

9 CONSULTATION

9.1 Consultation was undertaken with all Heads of Service, Wiltshire County Council, South Gloucestershire Council and verbally with the Diocese of Bath & Wells.

9.2 A number of people associated with Swainswick CE Primary School have taken the opportunity to write to the LEA. These letters are attached for consideration.

Appendix 1

Appendix 2

Comments from Heads of Service and other senior officers

Bath & North East Somerset

Julia Fieldhouse

Head of Customer Service Libraries and Information

I can't see that this would have any impact on our service.

Phil Hall

Head of Strategic Resource Planning

Nothing from me

Tony Bartlett

Business Support Manager

There would be no impacts on Business Services or Strategic Resources Planning

Nick Harris

Head of Adult Care & Commissioning Service

I cannot foresee any negative impact in relation to the Adult Care Service as a result of the closure of Swainswick C of E VC School.

Jayne Shayler

Head of Housing & Supported Living Services

There is a mixed tenure housing development of approximately 100 homes planned for Bailbrook Lane. Due for completion this financial year. All of the properties are larger than one bedroom and would accommodate families. All of the social housing (28 units, 2 and 3 bed) are likely to be occupied by people with dependent children. Obviously we cannot dictate who occupies the private (owner occupied) housing but it would be reasonable to assume that a proportion will be occupied by people with school aged children.

Having said all this, checking the location of the development against the location of Swainswick Primary School and the other closest Primary School we think it likely that the closest Primary School is St Saviours, Larkhall rather than Swainswick in which case the closure of Swainswick would have limited or no impact on access to primary schooling for the occupants of this new development.

No other activities being undertaken in Swainswick by my Service.

Ian Savigar

Head of Revenues and Benefits

I cannot think of any impact on the Revenue & Benefit Service.

Inge Shepherd

Community Safety Officer/Drugs Action Team Co-ordinator

From the Community Safety and Drug Action team point of view we are not undertaking any specific activities which involve or would be directly affected by the closure of Swainswick Primary.

Matthew Smith

Head of Leisure & Amenity Services

No negative impact in relation to this service.

Bill Cotton
Head of Economic Development

I do not foresee any negative impact to our Service.

Liz Price, Children's Planning Manager, Children & Families Service (Social Services)

In response to your request for comments on the proposed closure of Swainswick primary school, Children & Families Service do not foresee any negative impact from this proposal on our services. Our services are provided by teams covering much wider geographical areas and we do provide or commission any services located in/near Swainswick.

Dave Thompson

Commercial Services

Commercial Services' managers have considered the possible closure of Swainswick Primary School and have determined that there would be no negative impacts on any of the services we provide (e.g., school meals, transport).

Andy Thomas

Corporate Projects Manager

My team does not undertake any specific work in this area. However, as part of the Local Strategic Partnership we have links with a range of partners who do, including Town and Parish councils, although I am sure you are undertaking separate consultations with these bodies. In addition, Somer Housing Group also serve on the LSP and it may be that their local area workers might be able to give some views on the potential local impact of the proposal.

Other groups we link to through the LSP include the Federation of Residents' Associations, the PCT, the Police and equalities groups, all of whom might have a view as to the potential impact of this.

We are also currently working with the Countryside Agency on ways to improve the impact of council decisions in rural areas, and the procedure you are carrying out here clearly represents good practice in this regard. It may be that this agency might also wish to offer a view.