The Crofty Learning Trust
Comprising:
Illogan School, Pencoys Primary School, Portreath
Community Primary School, Rosemellin Community
Primary School, Roskear Primary and Nursery School and
Treloweth Community Primary School
And proposing to join:
Weeth Community Primary School
Statutory Representation Report
Full Governing Body Meeting
6.00pm, 3rd June 2014
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Overview
This document summarises the feedback from The Crofty Learning Trust statutory proposals
period. The consultation was supported by the Co-operative College who have produced this
report.
The following is based on the Decision Makers’ Guidance (Governing Bodies and Schools
Adjudicator) for: Changing School Category to Foundation and the Decision Makers’ Guidance
(Governing Bodies and Schools Adjudicator) for: Trust School Proposals. Both sets of statutory
guidance need to be considered when making changes and these are covered in the executive
summary below and in more detail in Appendix A.
Executive Summary
The Governing Bodies of the Weeth Community Primary School is the decision maker for their
own school, on these proposals.
We are not aware of any written representations being made.
It now falls to the Governing Body to make a decision about whether or not to implement the
proposals. The statutory guidance defines the criteria to be considered by the decision maker
and these are summarised in the documents as follows.
The requirements of the Trust statutory guidance are:
a) That the proposed Trust meets legal requirements.
b) That consultation was adequate – the Governing Body met the requirements set out in
regulations and had regard to consultation responses. (If the Governing Body has failed to
meet the statutory requirements for consultation, the proposals may be deemed invalid and
therefore should not be decided.)
c) Evidence that the proposed Trust:
i)
Is likely to contribute to raising standards at each school;
ii)
Is likely to promote community cohesion.
d) Proposed Trust partners and proposed trustees (where the trustees are specified in the
proposals) are not involved in activities that may be considered inappropriate for children
and young people – e.g. tobacco, gambling, adult entertainment, and alcohol abuse.
e) The reputation of proposed Trust partners and proposed trustees (where the trustees are
specified in the proposals) is in keeping with the charitable objects of a Trust.
f) Proposed Trust partners and proposed trustees (where the trustees are specified in the
proposals) are not involved in activities which could bring the school into disrepute, but
would not otherwise be disqualified under regulations.
The Foundation statutory guidance also covers points a) and b) (above) and includes a further
element:
g) Decision Makers should consider how proposals will contribute to local diversity and national
transformation strategies.
Each of these points is addressed below.
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a) That the proposed Trust meets legal requirements
The proposed Trust meets legal requirements and has exclusively charitable objectives. The
proposals demonstrated how joining the Trust would assist the school in delivering on the
Trust’s legal requirement to promote community cohesion, could be achieved. The co-operative
membership dimension also greatly and actively assists this process. The structure of the Trust
meets the requirements expected of proposed partners and trustees and it is our understanding
that none of the existing trustees are disqualified persons and processes will be in place to
ensure that this remains the case in the future.
b) That consultation was adequate
Following the consultation which included all the required elements, the Governing Body met to
examine – and receive a presentation on - a report that discussed the consultation in detail.
They then went into a governing body meeting to decide whether to proceed to issue a
Statutory Notice and Proposals. Following careful consideration of the responses to the
consultation, the Governing Body of the school decided no alterations were necessary to the
proposals.
The Governing Body also duly decided that the requirements for consultation had been met and
there was no serious disjuncture of opinion (which was supportive of the proposals) and the
proposed action and they all agreed to jointly publish Statutory Proposals. Since publication of
the Statutory Proposals, no responses have been received.
A Cornwall Council Response to the school’s letter seeking Standard Employment responses
has been received and will be made available at the meeting.
c) Evidence that the proposed Trust is likely to raise standards and promote community
cohesion
There is clear evidence from OFSTED reports of existing co-operative trust schools that the cooperative dimension provides benefits in terms of curriculum and community cohesion. There
are a range of curriculum materials available to the schools and the membership dimension of
the Trust will encourage participation and promote the ethos and culture of each school and the
Trust, to address national and local agendas through local, national and international
engagement with the co-operative movement. The Local Authority will continue to challenge
and support the six schools and take an active part in helping them and the Trust address local
and national education agendas. The six schools and Weeth Community Primary School and
the Crofty Learning Trust are clearly committed to working in partnership.
d) Proposed Trust partners and proposed trustees are not involved in activities that may
be considered inappropriate for children and young people;
e) Their reputation is in keeping with the charitable objects of a Trust; and
f) They are not involved in activities which could bring the College into disrepute, but
would not otherwise be disqualified under regulations.
Trust partners are not involved in activities that are considered inappropriate and their
reputation is in keeping with the charitable objects of the Trust. The membership and
stakeholder elements of the Trust will add to the strength of purpose and local accountability
and support. There will be processes and procedures in place to ensure proposed Trust
partners and Trustees meet legal requirements and would not be disqualified under regulations
and appropriate checks will be undertaken for those involved with the Trust
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g) Decision Makers should consider how proposals will contribute to local diversity and
national transformation strategies.
As discussed in the Consultation Report the proposals contribute to the diversity of provision
and the national transformation strategies.
Other issues
The nature of the co-operative trust is such that it strengthens and supports the schools via the
membership model and the partners who will contribute towards its future development. There
is support available to the proposed Trust to develop the membership and stakeholder model
and this engagement with parents/carers, learners, staff and the local community will further
support the Trust and the six schools and is widely seen as a real strength of co-operative
school trusts.
Currently there are no immediate proposals envisaged for the Trust to become the legal
foundation of any other school other than the named schools, but the Articles of Association do
allow for other schools to make the Trust their foundation. It is also appreciated that the Trust
could well expand and other schools in the area could join in the short to medium future –
bringing more capacity to the Trust.
Recommended Action
The Governing Bodies of the school has already considered the consultation and determined
that the consultation was adequate. The Governing Body have clearly considered the views of
those consulted. The Governing Body decided that there was no serious disjuncture of opinion
(which was supportive of the proposals) and the proposed action - and published Statutory
Proposals.
It is also noted that the Proposals have not been referred by the Local Authority to the Schools
Adjudicator and that therefore the Governing Body is the decision maker. It can be seen from
the above that the necessary statutory considerations have been met.
It is recommended for Weeth Community Primary School that:
a) The Governing Body approves the Proposals as set out, on the proposed Implementation
Day, (1st July 2014)
b) The Governing Body also authorises the associated changes to its respective Instrument
of Government. (See Appendix C.)
c) The Governing Body also formally agrees to ratify the Cornwall employee protocol set
out In Appendix D: this being basically a ‘Cornwallised’ version of the draft GB/TU
protocol, as originally set out in the consultation report which went to them last term.
They are also asked to subscribe to the spirit behind the UNISON/SCS National
Agreement, insofar as it applies to their situation. The Governing Body will be aware
already of Cornwall Council’s plans for a living wage, currently under consultation.
d) The Governing Body also formally agrees the school should become a member of the
Schools Co-operative Society (SCS),
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APPENDIX A. Determination by the Decision Maker on the Proposals to convert to
a Foundation school and the acquisition of a Trust.
Criteria for Approval
Characteristics of the proposed Trust:
a. The proposed Trust is not seeking to acquire or alter the religious character of the school
b. The proposed Trust will be a company limited by guarantee with the intention also to
become a Charitable Incorporated Organisation
c. The objectives of the proposed Trust are wholly charitable with the objective to promote
the advancement of education of the learners of each school
d. The Proposals clearly set out the mechanisms by which the proposed Trust will promote
community cohesion
e. The Local Authority will be a Member (partner) of the proposed Trust but shall have no
greater than 20% of voting rights.
f. Proposed Trustees - at the Implementation Date - are confirmed as not being disqualified
from exercising their function either by virtue of:
I. Disqualification under company or charity law
II. Disqualification from working with children or young people
III. Not having obtained a criminal records certificate under section 113A of the Police
Act 1997
IV. The Schools Organisation (Requirements as to Foundations) (England) Regulations
(2007/1287) (as amended) which disqualify certain persons from acting as charity
trustees
g. The Proposals are for the Trust to appoint a minority of Trust governors to the Governing
Body of the College.
Consultation:
A full, open and wide-ranging consultation has taken place on the proposals, with sufficient
information and the allowance of adequate time for comment. In total 230 sets of consultation
documentation were distributed to parents/carers, staff, learners, governors, councillors and all
other stakeholders required by statute and consultation meetings were held for staff, parents
and the public. Simultaneously with the public consultation, learners were consulted.
In all there were just 7 response forms returned. The great majority (6) of these were
supportive, with only 1 response form indicating complete opposition to the proposals. This
process gave strong support for the proposals.
Only 3% of consultees made a response which is unusual in these exercises, where a response
rate of around 9% is not uncommon. There was a lower attendance at meetings and a lower
than average level of views and comments returned –across all the questions asked.
Interestingly again these were not overwhelmingly negative, - as is often the case, but
presented a more mixed picture.
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Standards and Diversity:
Through the acquiring of a Trust the six existing schools and Weeth Community Primary School
will be supported in ensuring achievement is raised and a coherent provision available across
all phases of education, by a partnership of Cornwall Council and The Co-operative Movement
– initially represented by the Co-operative College.
a) The rationale for acquiring the foundation, the contribution it will make, and the direction
it will provide to the seven schools can be summarised as: working as a shared trust will
clarify our visions and aims; to raise expectations and standards and make our existing
collaboration more sustainable. We believe it will help our learners achieve more and
enable them to value education because it has the power to change and improve
peoples’ lives. We aim to provide the best education possible for all the young people in
our communities by working together more effectively, valuing everyone’s contribution to
the Trust and achieving success for all.
b) The Co-operative Trust will enable the seven schools to further this intention and in
particular to:
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Ensure consistently high expectations throughout the Trust from pupils, parents, carers
and staff
Ensure learning and teaching remains the main priority and that all our pupils are able to
access high quality creative and innovative teaching and learning experiences.
Share ‘best practice’, resources and skills, knowledge and expertise within the
partnership and developing transformational approaches to help us to raise standards
consistently across our Trust
Work more effectively with parents, carers and the wider community to promote lifelong
learning through a bespoke curriculum that meets the educational, personal and social
needs of our pupils and our community
Work with a wide range of external partners to support us in creating and providing more
imaginative learning opportunities for our pupils, their families and the wider community.
It is also envisaged that the co-operative trust model will greatly encourage stakeholder
involvement – particularly families and staff - and further raise aspirations and the profile
of children and young people with learning difficulties and disabilities across the local
community. This will also assist in developing the sustainability of the school
improvement strategies being developed and delivered across the schools.
It is also proposed that the Trust will become a member of the National Schools Cooperative Society (SCS), the national co-operative of co-operative schools; and through
this be able to access the country’s fastest growing network of schools.
We have chosen to become a Co-operative Trust because these are the values and
principles which we already share. They will underpin the work of the Trust and we
believe this will strengthen the work of our schools even further.
c) The partners in the trust are:
• Cornwall Council (1 Trustee)
• The Co-operative Movement – initially represented by the Co-operative
College (1 Trustee)
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c) The Governing Bod of Weeth Community Primary School has proposed that the school
should become a foundation school with the Crofty Learning Trust acting as its
foundation.
The Governing Body will appoint two trustees to the Trust Board, namely the Head
Teacher and Chair of Governors – or the Chair’s nominee).
These aims will be fulfilled through a model of collaboration to enhance our capacity to
support and deliver outstanding localised, co-ordinated, provision for children and young
people aged 0-19 years and the wider community
To encourage stakeholder involvement through adopting a cooperative model – the
ethics of the co-operative model are particularly relevant to all of the schools and working
in partnership with the cooperative will enable the ethics of co-operation to underpin the
work of schools within the Trust. The co-operative organisation also opens networking
possibilities and local, national and international level.
The involvement of each of these partners in this project in no way prejudices their
relationships with other education providers.
e) The Trust will appoint a minority (two) of Governors, onto each Governing Body as
defined in Appendix C, which shows the proposed constitution of the Governing Body.
e) Each partner will appoint trustees as shown in c) above. The Stakeholder Forum will
appoint three Trustees.
f) The Trust’s charitable objectives are to advance the education of the students in The
Crofty Learning Trust remit, to advance the education of other members of the
community, and otherwise to benefit the community, it being acknowledged that in
carrying out the objects the Trust must (where applicable) have regard to its obligation to
promote community cohesion under the Education Acts. Further detail and clarification
may be found in the Crofty Learning Trust Articles of Association (already circulated).
g) All Trust members offer educational experience, as follows:
Cornwall Council
The Local Authority has actively supported the seven schools to seek Trust status, and
will continue to provide technical and specialist support. Negotiations will take place with
a number of different service teams within the Local Authority to broker bespoke services
to the Trust in support of schools. It is also anticipated that the Local Authority will also
from time to time commission work from the Trust in order to achieve its own objectives.
The Co-operative Movement ( represented in the interim by the Co-operative
College)
By becoming part of a co-operative trust we will be part of the global co-operative family.
We will become members of the Schools Co-operative Society, the national network of
co-operative trusts, and work with the Co-operative College to identify a suitable long
term co-operative partner for the trust from the Co-operative Movement in Cornwall – it is
anticipated that it is likely that this shall be the Co-operative Group South West.
The Co-operative College has extensive experience in both the general school sector
and the co-operative trust sector. They helped to found and organise the network of co7|Page
operative schools, of which the Trust will be part. They will also help bring a global
dimension to the schools and assist in establishing national and international links with
other co-operative organisations.
The Six Schools
The Crofty Learning Trust will initially encompass the six named schools with Weeth
Community Primary School proposing to join them on 1st July 2014. Between them, they
have a wealth of experience and expertise in the provision of education – and a history of
working together. In addition, each School’s governing body brings a wide range of skills
and experience which will be of benefit to the Trust as a whole.
Other Partners
The Trust is keen to explore links with other partners from the public, voluntary and
commercial sectors that can help to further its aims. Charitable status and existing
partnerships will help significantly in identifying suitable partners.
The Trust is a ‘Community Development and Co-operative Model’. We have decided to use this
model as it enables those who are directly involved in the school, parents/carers, staff and
learners, to become engaged in its long-term strategic direction through membership of the
Trust.
It will also allow those more directly involved such as other members of learners’ families, to
become involved. We believe that engaging members alongside the organisational partners
detailed, is essential if we are to achieve our vision of transforming educational opportunities for
all in the community we serve.
Our school is ambitious, wishing to accelerate further the pace of improvement and keen to
form social partnerships with organisations with values akin to its own, with appropriate
expertise to engage our learners and wider school communities.
The proposals support the greater personalisation of education and offer greater diversity of
choice for parents/carers.
Partners all support raising attainment and aspirations for all groups of learners by providing
support from a range of partners to engage young people and their families in achieving these
goals.
Community cohesion:
The Trust Partners are committed to improving community cohesion and ensuring there is
cultural respect and tolerance between different groups of people living together. The Trust will
strategically develop opportunities for all students to succeed to the highest levels by removing
barriers to access and participation in learning and by engaging with other partners, parents and
wider communities both nationally and globally
Reputation of Trust Partners/Organisations and Trustees:
Governors are satisfied that the Partner Organisations and the individuals that represent them
are of sound reputation and standing and do not pose any risk at this time to the integrity of both
the school or Trust’s charitable objectives. So far as can be determined, no Partner
Organisation or Trustee is involved in such activities that could be deemed as inappropriate for
children or young people.
Additional matters of consideration:
 The Trust does not currently act as a foundation for any other schools.
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Trust partners already have informal relationship with the schools. All partners have both
formal and informal relationships with other schools
The partners all have links to the local community.
The proposals identify support for each Governing Body by the appointment of two Trust
nominated governors
The Trust has identified Trustees that can provide leadership experience to build
capacity in the school ensuring the raising of standards
The Trust involves a range of partners to improve progression routes for our learners
through all phases of their education, including at 16 plus.
Appendix B. Representations
None had been received at the time of writing of this report (24th May 2014)
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Appendix C:
Structure
Reconstituted Governing Body
From September 1st 2012, the governing body of a foundation school with a ‘minority’ Trust as its
foundation, - which is what we are proposing, has to be composed as follows;
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The Headteacher;
One staff governor;
At least two parent governors;
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One Local Authority governor;
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At least two, but no more than 45% of the total – foundation governors appointed by the named
Trust; in our case we are proposing the legal minimum of two.
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As many co-opted governors as the governing body consider necessary. The total number of coopted governors who are also eligible to be elected as staff governors must not exceed one-third
of the total membership of the governing body, you must also count the Headteacher position in
this figure.
In our case we are proposing that changes should be minimal when compared with the ‘old’ ( PreSeptember 2012) composition of our Governing Body. The following tables have been compiled using
the latest data available as at 11.10.2012 and are suggestions. Each Governing Body may agree
something different, as long it complies with the regulations.
WEETH
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Governor type
Current
Proposed
Local Authority
2
1
Parent
4
4
Staff
3
2
Community
3
0
Trust
0
2
Co-opted
0
3
(can include a staff member)
Total
12
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Appendix D: Employment Matters
Protocol on Employees’ Terms and Conditions and Trade Union Recognition for the governing
bodies of Heamoor, Nancealverne, Newlyn, Pensans Schools and Alverton Community Primary
School, Cape Cornwall School, Gulval Community Primary School, Humphry Davy School,
Marazion Community Primary School, Mousehole Community Primary School, St Just Primary
School and St Levan Community Primary School. *local in paragraph 1 refers to Cornwall
Council maintained schools
1. The respective governing bodies within The Crofty Learning Trust (PET) will continue to
adhere to the national and local* conditions of service currently in place for its existing
employees (including the School Teachers Pay and Conditions (the ‘Blue’ book), the
Conditions of Service for School Teachers in England and Wales (the ‘Burgundy’ book), the
national terms and conditions applicable to support staff (the NJC ‘Green Book’) and the
existing local* agreements and policies negotiated with the recognised trade unions for
school support staff) and will continue to employ new staff on these terms. This includes
Cornwall Council policies for school staff for redundancy, early retirement and continuity of
service matters.
2. Recognition of the same trade union and professional associations will continue, and the
respective governing bodies will engage with the unions in the same way in future, in line
with existing local agreements, including continuing current union facility time arrangements
– and supporting trade union membership.
3. The relevant unions are the teacher unions (ASCL, ATL, NAHT, NASUWT, NUT, PAT and
VOICE) and the unions representing school support staff (UNISON, GMB and Unite).
4. If any of the schools in the future considers varying existing terms and conditions, or not
adopting variations agreed through the mechanism for negotiating between the Local
Authority and its employees, it will notify the local representatives of the recognised unions,
and will negotiate with them, through a forum consisting of representatives of the school and
internal and/or external representatives of each of the recognised unions. In the unlikely
event that there is a breakdown in negotiations on terms and conditions, the matter may be
referred to the Advisory Conciliation and Arbitration Service (ACAS) in order to seek
resolution of the issue. Either party may determine that a matter is referred to ACAS for
conciliation. Both parties may subsequently agree, where necessary, that a matter is
referred to ACAS for arbitration. Whilst these procedures are being followed the governing
bodies will honour the status quo ante.
5. The respective governing bodies will also support the continued access to the Local
Government Pension Scheme (LGPS) and for the purposes of the Scheme all staff will be
treated the same as Cornwall Council staff, including ‘new starters.’
6. The respective governing bodies will be aware of the national framework agreements with
the Schools Cooperative Society and national unions, and will continue to consider these in
order to clarify the differences to Local Authority agreements and the benefits to staff and
the governing bodies of being part of such agreements in the future.
Cornwall Council Response to Governing Bodies re Letter sent seeking Standard
Employment Assurances.
Would Chairs or Headteachers who have received a response from the local authority
please bring a copy to the meeting in case sight is requested by a Governor colleague.
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