Thursday 9th March2017
2:00 - 4:00 pm
John Peek Room, Birmingham and Midland Institute, Margaret Street
Present: / Fran Stevens Birmingham Governors’ NetworkChairLiz Garnham Birmingham Governors’ Network
Colin Graham Birmingham Governors’ Network (left the meeting at 3.30pm)
Mary BrowningBirmingham Governors’ Network (left the meeting at 4.05pm)
Richard Green Primary Forum
Maxine Charles Primary Forum
Yvonne Willis Primary Forum
Debbie James Secondary Forum (left the meeting at 3.30pm)
Fiona Wallace PRU Representative City of Birmingham School
Steve Hughes Academies Representative (Special) (left the meeting at 3.50pm)
Jane Edgerton Special Schools Representative
Mike White Academies Representative
Jane Gotschel Academies Representative
Nicola Walters Secondary Academy Representative (left the meeting at 3.30pm)
Catriona Savage PVI representative (left the meeting at 4.05pm)
Sara Reece PVI Representative (left the meeting at 4.05pm)
Elaine Dupreee Maintained Nursery HT
Gilda Richards Support Staff Union representative (left the meeting at 3.30pm)
David Room NUT/Teacher Associations
Tim Boyes BEP (left the meeting at 3.30pm)
Anil Nayyar BCC
Martyn Scott BCC
Colin Diamond BCC
Anne Ainsworth BCC (left the meeting at 3pm)
Jaspal Sehra BCC
Karen Smith BCC
Seamus Cooney BCC
Peter Sidwell Price Waterhouse Cooper
Janet Brown BCC (Schools Finance)
Dale Wild BCC (left the meeting at 3.30pm)
In attendance: Janice Moorhouse (clerk)
1. / Welcome and apologies for absence / Action
1.1
1.2 / The Chair welcomed members, Catriona Savage (PVI representative replacing Sarah Presswood)and Officers to the meeting.
Jane Edgerton reported she was attending as substitute for Rosemary Adams.
Apologies for absence were received fromRosemary Adams Special Schools Representative,Nikki Hutchison Academies Representative (Alternative Provision), Emma Leaman BCC, Cllr Brigid Jones BCC and Cllr Barry Bowles BCC
Absent: Anna Balson Primary Academy Representative,John Ritson Birmingham Governors’ Network and Adam Hardy (BDES)
2. / Minutes of the meeting held on Wednesday 15th February 2017
2.1 / Item 6: ‘………..and projected shortfall of £7.000 in 2017/18 itself.’ To be amended to read:
‘…….and projected shortfall of £7min 2017/18 itself.’
Item 6.2: ‘Martyn Scott stated LA acknowledged that the full deficit could all be addressed in
2017/18 without severely impacting on operational delivery.’ To be amended to read:
Martyn Scott stated LA acknowledged that the full deficit could not all be addressed in 2017/18
without severely impacting on operational delivery.’
With the amendments as above, the minutes were agreed as a true and accurate record of the meeting.
3. / Matters arising from the minutes
3.1 / Growth Fund: ACTION: to be an agenda item at the May meeting / Chair/LA
4. / LA update
4.1
4.2
4.3 / Colin Diamond reported the Chief Executive had left the LA. Angela Probert Director of Transformation was acting Chief Executive. Cllr Jones continuing to work on education with the LA. The important message: the improvement journey continues.
Death at a city school: Colin Diamond reported there were no conclusions in relation to what happened. All appropriate agencies involved. A report would be madewhen the facts were known. A request had been made to issue fresh guidance on epipen/medication management. This would be done if necessary when facts were known.
School funding: nearing the end of the second stage of the consultation.
5. / Redundancy costs for school restructuring
5.1
5.2
5.3
5.4
5.5 / Anil Nayyar reported total redundancy costs for the 2016/17 financial year of £798,000.
Chair reported the situation in schools where there was uncertainty around the LA continuing to pick up redundancy costs.
Anil Nayyar stated there was a due diligence process in place for school looking at redundancy to follow. This may identify an alternative option. The process had been shared with unions.
David Room commented on schools having no choice on the very difficult decisions to make redundancies. Redundancy seemed to fall first on support staff. Consultations were welcomed. Unions working with HR. If the Government’s suggested action was not challenged, there would be more redundancies.
Colin Diamond reported the number of schools rated red (9) and amber (18) was growing. The schools were a significant cost to the DSG.
Tim Boyes stated HTs needed to understand the costs for the amber and red schools were not connected to the budget for 2017/18 and would be picked up by the DSG.
The Chair commented on schools going into deficit needing to take action and queried if schools were rushing into making staff redundant while the LA was meeting the costs.
Mike White reported a DfE initiative to develop supporting documentation to help schools with diminishing budgets. The response to the National Funding Formula to support the proposal for additional funding for additional needs.
Mary Browning reported schools keeping within budget at the expense of what can be offered to pupils. Staff retiring were not being replaced and options for GCSE and A level were being restricted.
Colin Diamond reported the audit programme to focus on amber schools and the effectiveness of IEBs to be monitored.
Debbie James stated in regard to the number of schools in deficit, governors had not been well served by the LA. Schools dealing with other challenges and not focussing on the budget. It was a duty and role of the LA to ensure individuals do their job.
The Chair commented on the inequalities in relation to governing bodies and the shortage of governors.
6. / LA apprenticeship levy and VA schools
6.1
6.2
6.3
6.4 / Anne Ainsworth reported the levy to start on 1st April ’17 and applied to organisations with a pay bill of £3m or more. The levy to go to a central account that can be used for training (not wages) of apprenticeships. Can apply for conversions from existing posts. One group of LA officers looking at the levy within schools.
Janet Brown reported community and VC schools came under the LA pay bill. To pay the levy of 0.5%.
VA, federation, trust, academies: if over £3m, pay the levy, if below £3m, do not pay the levy.
From 1st May, the levy can be used to pay for the apprentice if contributing to the levy pot.
Briefings: Tuesday, Wednesday and Thursday week beginning 13th March and information on HR Portal
Mike White queried how to access the pot.
Janet Brown reported method of access was being worked on. A form was available on the Portal.
Debbie James asked if Academies that did not contribute could still access the funding pot.
Janet Brown stated they could.
Debbie James commented on the significant difference between the minimum wage and the apprenticeship wage. Apprenticeships liable for on costs and pension contributions.
Janet Brown stated apprentices were an employee and those costs applied to all employees.
The Chair queried the number of apprentices an organisation could have
Janet Brown stated no restriction on number and, currently, no stringent criteria.
Apprentices do not have to be new employees.
Desirable target: 2.3% of the workforce to be apprentices.
7. / Cityserve schools’ kitchen contract
7.1
7.2
7.3
7.4
7.5
7.6 / The Chair welcomed Dale Wild Head of Service to the meeting.
The Chair reported members had raised concerns in regard to kitchen related costs and asked if there had been changes made to the contract.
Dale Wild stated all equipment was a part of the assets of the school. It was the responsibility of the school to maintain equipment. Previously, schools did have an option/opportunity to opt into an insurance scheme at a cost of between £2-8000 per year. For those schools opting into the scheme, Citiserve would maintain equipment.
Dale Wild reported the number of breakdowns increased and the value of the premium did not match the value of the equipment being insured. The scheme became less equitable/rationale.
2015/16 accounts showed the premiums paid were insufficient to cover the maintenance costs.
The question was to either increase the premiums or offer an alternative arrangement to maintain kitchen equipment.
In February 2016, Citiserve corresponded with HTs to inform them the scheme was to close at the end of the academic year and an alternative was to be developed with Corporate Procurement. Schools were given the option to
- have control over their own kitchen/have their own contractor
- use Citiserve - a default service
- form a co-operative
June ’16: repeat of the letter on noticeboard brought a 50% response.
Dale Wild reported managers contacted schools that had not made other arrangements. If other arrangementshad not been made, Citiserve dealt with on a one off, ad hoc basis until something was in place.
The Chair asked if contracts with schools had changed and were those changes clear to schools.
The Chair emphasised that all contracts were the responsibility of Schools Forum and should come to Schools Forum for approval
Dale Wild stated he was not aware of that condition.
Anil Nayyar reported in the past contracts had been shared with Schools Forum. The situation regarding ‘consulting’ with Schools Forum to be clarified.
Dale Wild reported a SLA was in place with Citiserve. Maintenance was not part of the SLA. No changes were made to contracts when schools became academies. The notice period for changes to agreements and contracts was one full term. That notice was given. It was made clear to HTs the contract was ending.
8. / Nursery Schools surplus balance report
8.1
8.2
8.3
8.4 / Karen Smith and Jaspal Sehra presented the report: Management of Nursery School Balances.
The Chair reported the view from members was to accept the report as presented.
The recommendations:
- To address inconsistent and incorrect practices, officers within the Directorate should take
- Where a surplus carry forward balance is reported at the end of the financial year, the
- Nursery Schools shouldbe reminded that supporting documentation should be
- Nursery schools should be reminded that the ‘Analysis of School Budget Share – Carry
- Nursery schools should be reminded that carry forward surpluses should only be
- Schools Forum should consider how the data provided can be used to support future work
Elaine Dupree asked if the request to carry forward no more than 5/8% of the budget was a recommendation or a requirement.
Anil Nayyar stated these were the recommended percentages.
Members discussed who would take on the responsibility to take the recommendations forward.
Anil Nayyar stated the recommendations related to tightening procedure in the Fair Funding
Scheme.
9. / IR 35 implications for schools
9.1
9.2
9.3
9.4 / The Chair welcomed Seamus Cooney and Peter Sidwell to the meeting
Seamus Cooney and Peter Sidwell presented ‘Engagement of Individuals Off-Payrollvia Intermediaries Changes from 6 April 2017’.
Who is impacted: Individuals via intermediaries (including limited companies, partnerships and others)and agency engagements.
New rules: If the end-user is a public sector body and an individual is caught under the new rules, PAYE and National Insurance must be deducted on payments made to them.
The responsibility for making determination about whether the new rules apply moves from the intermediaryto the local authority end-client.
This applies to all payments made from 6 April 2017. Individuals not caught by the new rules can still be paid gross
Guidance to be issued by the HMRC and the Council to assist in using the ESS tool and making appropriate determinations. The online tool to be live from Monday 13th March.Email and written communications, updates via the schools’ portal and updates to the schools’ financial procedures manual to be made. A mailbox to be set up for invoices to trigger payment.
Members acknowledged the amount of work these changes would create for schools and the impact on School/Strategic Business Managers.
10. / Any other business
7.1 / Maxine Charles reported the date of the next meeting was in KS2 SATs week.
ACTION: Chair/Anil Nayyar/clerk to discuss. / Chair/LA
8. / Date of next meeting
Thursday 11th May 2-4pm. Pre-meeting 1pm
Committee Room C Council House Extension, Margaret Street
The meeting closed at 4.15pm.
Schools ForumMarch ‘17 Page 1 of 6