The Children and Young People’s
Service
Haringey Schools
Forum
Part 1 - Constitutional and Procedural
Matters
1.
Background
1.1 School Forums are bodies
originally established under the School Forums (England)
Regulations 2002. These and subsequent amending regulations set out
in detail the scope and powers of the Forum. New regulations laid
in 2012 (The School Forums (England) Regulations 2012) subsumed and
revoked all previous regulations and now form (as at October 2012)
the relevant governing regulations for Forums.
1.2 The role of the School Forum is
a statutory consultative body in respect of matters relating to the
Dedicated Schools Budget (DSB) of an authority. The Schools Forum
advises Haringey Council on proposed changes to the formulae they
use for determination of schools' budget shares. The Local
Authority consults the Schools Forum on matters concerning the
funding of schools and on financial matters relating to the Schools
Budget.
1.3 In Section 1.6 of the School funding reform: Next steps towards a
fairer system document, we refer to Improved Schools Forum arrangements and
the need for local decision-making to operate in a consistently
fair and effective way and in consultation with schools and
Academies. We have therefore reviewed the legislation relating to
Schools Forums, proposing to revoke and replace the Schools Forums
Regulations 2010.
2.
Membership
and proceedings of the Forum
2.1.
The Haringey Schools
Forum consists of 34 members made up of 26 school members, two
academy members and 7 non schools members. The Table overleaf sets
out the membership and composition of the Haringey School Forum
(The Forum) together with the nominating body for the purpose of
electing individuals to sit on the Forum.
2.2.
Schools Members are elected to the Forum by the
members of the relevant group or Sub- group. Further clarification
is set out in “The Schools Forum (England) Regulations 2012.
The groups are:-
a)
Representatives of
nursery schools;
b)
Representatives of
secondary schools;
c)
Representatives of
special schools;
d)
Representatives of
Pupil referral units: known in Haringey as Pupil Support
Centre
2.3 Academy members must be elected to the schools
Forum by the governing bodies of the Academies in the
Authority’s area. If there is only one Academy the governing
body of the Academy must select the person who will represent them
on the Forum.
2.4 Non School Members must be
appointed to the Forum and comprise:-
a)
One or more persons to
represent the local authority 14-19 partnership
b)
One or more persons to
represent early years providers
2.5 In addition the Local
Authority may appoint additional non – schools members to
represent the interests of other bodies
2.6 The
Executive Member or relevant officer of the Council may not be a
member of the Forum as a non school member.
2.7 The following persons may
speak at meetings of the Forum, even though they are not members of
the Forum:-
a) the director of children’s services at the
authority or their representative;
(b) the chief finance officer at the authority or
their representative;
(c) any elected member of the authority who has
primary responsibility for children’s services or education
in the authority;
(d) any elected member of the authority who has
primary responsibility for the resources of the
authority;
(e) any person who is invited by the forum to attend
in order to provide financial or technical advice to the
forum;
(f) an observer appointed by the Secretary of State;
and
(g) any
person presenting a paper or other item to the forum that is on the
meeting’s agenda, but that person’s right to speak
shall be limited to matters related to the item that the person is
presenting.
|
No.
|
Membership Category
|
Nominating Organization
|
|
|
Schools
|
|
|
1
|
Children’s Centre
Staff1
|
Haringey Primary, Early Years and Special
Heads Association.
|
|
1
|
Children’s Centre
Governor
|
Haringey Governors
Association.
|
|
7
|
Primary School
Staff1
|
Haringey Primary, Early Years and Special
Heads Association.
|
|
7
|
Primary School Governor
|
Haringey Governors
Association.
|
|
4
|
Secondary School
Staff1
|
Haringey Secondary Heads
Association.
|
|
4
|
Secondary School Governor
|
Haringey Governors
Association.
|
|
1
|
Special School
Staff1
|
Haringey Primary, Early Years and Special
Heads Association.
|
|
1
|
Special School Governor
|
Haringey Governors
Association.
|
|
1
|
Pupil Referral Unit
|
Head of Pupil Support Centre
|
|
27
|
Sub-Total School
Members4 (76%)
|
|
|
|
|
|
|
|
Non Schools
|
|
|
1
|
Haringey
Councillor2
|
Haringey Council Cabinet.
|
|
1
|
Children’s Service Consultative
Committee (Trades Union)
|
Children’s Service Consultative
Committee.
|
|
1
|
Teachers’ Professional
Associations
|
Haringey Teachers’
Panel.
|
|
1
|
Faith Sector
|
The Local Authority
|
|
1
|
14-19 Partnership
|
Haringey 14-19 Partnership
Board
|
|
1
|
Early Years
Provider3.
|
The Local Authority
|
|
|
|
|
|
6
|
Sub-Total Non School
Members (21%)
|
|
|
|
|
|
|
2
|
Academy
Member4 (3%)
|
Academies In Haringey
|
|
|
|
|
|
35
|
Total
Members
|
|
|
|
|
|
|
|
Observers
|
|
|
|
Haringey Council Cabinet Member for
Children and Young People
|
Haringey Council Cabinet.
|
|
|
Education Funding Agency
|
|
|
|
|
|
Notes:
- School Staff Members must be drawn from schools’
senior management teams.
- This Councillor may not be an Executive Member of the
Council.
- Early Years Providers are as defined in the School Forum
Regulations.
- School Members and Academy Members together must comprise
at least 2/3rds of Forum
membership
2.8
Notwithstanding any
elections to the Forum due to the filling of vacancies, the Forum
will be re-elected on a triennial basis. If however, a member of
the Forum has been elected to the Forum within the preceding 6
month period, they will remain as a member of the new Forum without
the need for formal re-election, unless they are replaced by a
decision of the nominating organization. An existing Forum will
only be dissolved once the process for re-election has successfully
concluded.
2.9
The Clerk will
initiate a re-election process by notifying a Forum meeting, no
less than 4 months before the Forum’s term of office expires,
that the re-election process is to take place, and by writing to
the nominating organizations subsequently inviting nominations for
appointment to the Forum, including a return deadline no later than
3 months from the date of the Forum meeting when the re-election
process was notified.
2.10
A successful process
will be deemed to have taken place provided that valid nominations
are received by the clerk covering at least
4/5 ths of the total
membership.
2.11
A newly elected Forum
will take office at the start of the meeting following the
notification by the Clerk to the nominating organizations that a
successful appointment process has taken place. In the event that a
successful re-election process has not taken place within 6 months
of the notification referred to in 2.3 above, the Clerk will
convene an extraordinary meeting of the Forum to consider only the
matter of Forum re-election.
2.12
At any meeting
convened under paragraph 2.5 above the actions available for
decision will be limited to:
(i)
Agreeing an extension
to the term of office of the existing Forum to allow a successful
re-election to conclude but in any event limited to a period of 2
months without a further extraordinary meeting being held;
or
(ii)
Decisions which vary
the membership of the Forum, subject to the relevant regulations,
which will permit or facilitate the successful conclusion of the
Forum re-election.
2.13
Each nominating
organization set out in the Table above will be responsible for
determining the method by which they elect and/or nominate their
representatives, substitutes and for the filling of any vacancies
that may arise. The Local Authority can offer guidance to assist
with this process.
2.14
Substitute members are
acceptable and have the same speaking and voting rights as the
member for whom they are substituting. Substitutes can only be made
by the nominating organization, and not by the Forum Member, and
must qualify for the membership category of the person they are
substituting for. Substitute nominations, including standing
substitutes, can be made at any time; however, the Clerk must be
notified by the nominating organization of substitutions with at
least 3 working days notice before any meeting, in order that
attendance and voting rights are given.
2.15
Each nominating
organization must notify the Clerk in writing of the method by
which they have chosen to elect their representatives and of any
subsequent changes to this process. Any differing approaches to
fill, for example, a single vacancy, must be separately identified.
The authority will consider whether the process notified
constitutes a ‘fair process’ in the spirit of the work
of the Forum and will notify any organization if it disagrees with
the process proposed setting out those changes that it considers
necessary.
2.16
The Clerk will make a
report to the Forum where they believe that a nominating
organization has failed to follow its election process or submit a
process. Only those nominated through fair processes will be
considered by the authority for admission as members to the
Forum.
2.17
Members of the Forum
will cease to become members if they no longer occupy the office
which they were nominated to represent. It is the nominating
organization’s responsibility to ensure that their nominated
members remain eligible and to notify the Clerk of any member who
ceases to become eligible.
2.18
Within 1 month of the
triennial reconstitution of the Forum, the Authority will inform
the governing bodies of all schools maintained by them and of any
academies in their area of the full membership of the
Forum.
2.19
Within 1 month of the
appointment of any Non-schools Member the Authority will inform the
governing bodies of all schools maintained by them and of any
Academies within their area, of the name of the member and the name
of the body that member represents.
2.20
Members of the Forum are responsible for notifying
their apologies and reasons for absence to the Clerk, under normal
circumstances, no later than 3 working days before any Forum
meeting. Members of the Forum who do not attend, or whose apologies
have not been accepted by the Forum, on three consecutive occasions
will cease to hold office within the Forum. The relevant nominating
organization will be asked to hold elections/nominate a member to
fill the resulting vacancy/ vacancies in accordance with their
method of nomination.
3
Election
of a Chair/ Vice Chair
3.1.1
The Clerk will invite
nominations for the election of a Chair/ Vice Chair of the School
Forum. The Chair and Vice Chair must be a voting member, except
that an elected member or officer of the authority cannot be
elected as the Chair/ Vice Chair. All nominations must be proposed
and seconded by a voting member of the Forum.
3.1.2
The Forum will agree
the term of office for the Chair/ Vice Chair. The Forum will agree
the number of Vice Chairs that it wishes to appoint.
3.1.3
Elections for the
Chair/ Vice Chair will be carried out by way of either a show of
hands, or in the event of two or more nominations asecret vote. All
voting members will have a vote, including those nominated for
either position(s). All those nominated will be given the
opportunity to speak briefly in support of their
nomination.
3.1.4
The Chair/ Vice Chair
will be elected at a quorate meeting of the Forum. Where a
substantive Chair has not been elected the Forum will elect, from
its qualifying membership, a Chair to preside over that meeting of
the Forum. A Chair elected for a single meeting will hold the role
of Chair until the start of the next meeting. A Chair elected for a
single meeting may be appointed through a seconded proposal
followed by a majority show of hands in favour of the proposed
candidate.
3.1.5
All members of the
Forum have a single vote in electing the Chair/ Vice Chair. The
Chair/ Vice Chair will be elected on a simple majority. In the
event of a tie between two members in the election of the Chair,
the Clerk will determine the outcome by the toss of a coin. In the
event of more than two nominations for Chair/ Vice Chair achieving
equal numbers of votes the Clerk will draw the successful
candidates name from a ‘hat’ containing the names of
all tied candidates.
4
Rights and
Roles of School Forum Attendees
School Members, Non
School Members and Academy Members
4.1.1
All substantive
members of the Forum - School Members, Non School Members and
Academy Members, have full speaking rights. It is the
responsibility of individual members to arrange through their
nominating organization, for substitute members to attend in their
place if they are unable to attend a meeting of the Schools Forum.
Substitute members have the same rights as substantive
members.
Official
Observers
4.1.2
Certain members of the
Forum are formally classified as observers and these are defined in
the table above. Observers have the right to speak but have no
voting rights. The Cabinet Member for Children and Young People has
observer status and in this way creates an important linkage
between the Forum and the decision making executive of the
Council.
Officers
4.1.3
Officers will
generally attend the Forum to present reports and give advice to
Forum members. All relevant Officers and elected Members of
Haringey Council may attend and speak at meetings of the Forum but
have no voting rights. In the context of Forum business, the term
‘Officers’ applies to the Director of Children’s
Services, and the Director of Corporate Resources or any officer
employed or engaged to work under the management of those Directors
other than one who directly provides education to children or who
manages such a person or who is a school improvement
partner.
Members of the
Public
4.1.4
Meetings of the Forum
are open to the public, although provision is made for certain
matters to be held in private discussion. Those who attend meetings
of the Forum other than in one of the capacities set out above have
no rights to either speak to or vote on Forum matters.
5
Quorum
5.1.1
Any meeting of the
Forum will be deemed quorate provided that two fifths of the total
membership (excluding vacancies) of the Forum are present at a
properly constituted meeting.
6
Administration and Support to the Forum
The Clerk
6.1.1
The Local Authority
will appoint a Clerk to assist with the efficient operation of the
Forum. The Clerk will work to an agreed Job Description which will
include, amongst other things, reference to their responsibility in
respect of the following matters:
- Administration of the process for
electing members to the Forum, using their best endeavors to ensure
that vacancies are minimized.
- Recording and maintaining records of the
election processes of nominating organizations.
- Attendance at each meeting of the
Forum.
- Maintaining membership lists and records
of attendance.
- Receiving and reporting
apologies.
- Manage the process for Electing a Chair/
Vice Chair.
- Advice on relevant procedural matters
governing the operation of Forum and its business.
- The production and agreement of agenda,
minutes and reports of a procedural nature.
- Making available on publicly accessible
website(s) the membership, agenda, and minutes of the
Forum.
- Make arrangements for the training and
induction of Forum members.
Local Authority
Officers
6.1.2
The Director of
Children’s Services (The Director) will make available
officers to produce and present written reports and provide advice
to the Forum on all matters which fall within the scope of the
Forum’s powers and responsibilities and/ or any other
relevant matters that the Forum may request from time to
time.
6.1.3
Officers may also
provide purely administrative support to assist the Clerk in the
discharge of their duties where it is efficient to do
so.
6.1.4
If the Director
considers that a request for information from the Forum falls
outside the remit of the Forum or is unreasonable, they will notify
the Clerk and the Chair of the Forum of their decision and the
reasons for reaching it.
7
Conduct of
Forum Business
General
7.1.1
The Forum will meet in
publicat least four times a year.
Forum
Papers
7.1.2
The Forum may only
consider items that have been properly notified. All members will
be sent a Notice of Meeting giving at least seven days notice of a
meeting. An agenda and associated reports will also be provided in
advance of the meeting.
7.1.3
Such papers will be
deemed to have been properly notified provided that they have been
sent to either the email address notified by a member of the Forum
or a relevant communication address. Good practice suggests that
seven days notice of Forum papers will be given although the Forum
may be asked to consider any matter where no less than three days
notice has been given.
Declaration of
Interests
7.1.4
Members of the Forum
are required to declare an interest in and withdraw from the
meeting for any relevant matter under consideration in which they
have a direct pecuniary interest. Each Agenda will remind members
of their obligations to declare interests on items proposed on
it.
7.1.5
Matters are only
deemed to be relevant where a decision would result in a member of
the Forum or a member of their immediate family, benefiting other
than indirectly through the role in which they are nominated to the
Forum.
7.1.6
Such matters would
therefore apply to consideration of contracts where a member or
their immediate family had interests in any of the contractors
being considered.
7.1.7
There is not deemed to
be a declarable interest where the Forum considers the allocation
of resources between institutions in which members are employed,
even if their institute is the only one to benefit, although any
member may voluntarily declare their interest in an
item.
7.1.8
If a member has any
doubt about whether an interest needs to be declared they should,
as soon as any potential conflict becomes apparent, seek advice
from the Clerk.
Private
Matters
7.1.9
The agenda may include
provision for items to be held in private. The Director of
Children’s Services will decide, in consultation with the
Chair, which items are to be held in private. Matters considered in
private should be restricted to those of a sensitive nature
relating to individuals or where commercially sensitive information
is being or likely to be heard.
7.1.10
When considering items
in private, all individuals who are not Forum members or elected
members or relevant officers of the authority will be excluded. The
minutes of privately held matters will be restricted to those
having rights of attendance regardless of whether they were
actually in attendance.
Protocols for Debate
during Meetings
7.1.11
All members of the
Forum who wish to speak on any matter will do so through the Chair.
The Chair will be responsible for the orderly conduct of meetings
and ensuring the correct balance between the airing of views and
discussion on items is made against the need to consider and make
resolutions in a timely way.
Urgent
Items
7.1.12
Each Agenda will allow for Any Other Urgent Business to be raised
and considered although it is at the discretion of the Chair
whether the Forum can be asked to make a decision on any such item
if less than 3 days notice has been given of the relevant facts to
all Forum members.
7.1.13
Only the Chair may
determine how to consider any urgent and important matter where no
meeting of the Forum is scheduled to take place prior to the
deadline for decision. Under such circumstances the Chair is
empowered either to convene a special meeting of the Forum to
consider the matter or agree that the Forum can be consulted by
post or email.
7.1.14
The Chair cannot take
a decision on behalf of the Forum, no matter how urgent the matter
in question. However, the Chair will be asked to express an opinion
on a matter on which Forum members are to be consulted in the
absence of a meeting and this view will be included in the relevant
paperwork circulated to Forum members and seeking their agreement
or views on a course of action. The Chair will determine whether
and if so at what level a minimum level of response from members is
necessary to have reached a decision or recommendation.
Voting
7.1.15
All members having
voting rights are entitled to a single vote with decisions being
carried upon a simple majority. The Forum will be informed of the
outcome of any matter upon which their views, or a decision, has
been sought.
7.1.16
Non School Members
other than those who represent Early Years providers must not vote
on matters relating to the funding formulae to be used to determine
the amounts to be allocated to schools in accordance with the
regulations.
7.1.17
Voting on items which
are the subject to de-regulation, which are specified in the
financial regulations is restricted to the relevant maintained
school members of the Forum.
7.1.18
In the case of an
equal number of votes for and against a proposal the Chair has a
second additional or casting vote.
Decisions
7.1.19
Any decisions taken by
the Forum will be made available on publicly available website(s)
by the Clerk.
7.1.20
In some cases the
Forum will resolve to advise the Council on matters which are for
the Council’s Executive to decide. In such cases the minutes
will record both the advice given to the Authority and the decision
taken subsequently by the Council’s Executive.
Working
Parties
7.1.21
The Forum may agree to
constitute working parties to consider in more detail specific
issue(s) relevant to the work of the Forum.
7.1.22
Working parties may
consist of Forum members, officers of the Council and other people
with relevant experience. Each working party should elect from its
members a Chair who must not be an officer of the authority. The
working party should, from within its membership, maintain formal
records of its deliberations in the form of agenda’s,
minutes, action points etc. as appropriate.
7.1.23
Any working party
constituted by the School Forum must provide a brief report to each
meeting of the Forum setting out the number of times that the group
has met since the last report together with a summary of the stage
the work has reached.
Budgets and
Expenses
7.1.24
The Forum will be
consulted annually on the level of the budget that it believes it
is necessary to support its activities. The budget forms part of
the Dedicated Schools Budget (DSB) and can, for example, be used
both to pay the legitimate expenses of Forum members in accordance
with the Council’s expenses policy and also to engage
external advice, support and assistance to assist in the discharge
of its duties. The Authority will accordingly notify the Forum of
the budget it has made available.
7.1.25
Any purchases made
from the School Forum budget will be undertaken on behalf of the
Forum by an officer of the Council and must comply with any
relevant Standing Orders, Financial Regulations and Procurement
Codes of Practice that are in force.
8
Review of
the Constitution.
8.1.1
The Authority will
keep under review the content of the Forum’s Constitution,
Procedural Matters and Terms of Reference taking into account best
practice and the latest advice, guidance and any directed revisions
made from time to time by the relevant government
department.
8.1.2
In addition to
bringing forward any proposed changes to the above documents the
authority will confirm annually to the Forum that a formal review
of the Constitution, Procedural Matters and Terms of Reference has
taken place.
Haringey Schools
Forum
Part 2 – Terms of Reference
1.
Background
1.1.
The Forum will discuss and be consulted upon the
following matters:-
2.
Consultation on School funding formula
2.1.
Haringey Council will
have regard to the advice of the Forum on proposed changes to the
formulae they use for the determination and re-determination of
schools’ budget shares.
2.2.
As set out in the
constitution non School Members other than those who represent
early Years providers are not permitted to vote on matters relating
to the funding formula.
3.
Consultation on Contracts
3.1.
The authority shall,
at least one month prior to the issue of invitations to tender,
consult the forum on the terms of any proposed contract for
supplies or services being a contract paid or to be paid out of the
authority’s schools budget where the estimated value of the
proposed contract is not less than the threshold which applies to
the Authority for that proposed contact pursuant to regulation 8 of
the Public Contracts regulations 2006.
4.
Consultation on financial issues
4.1.
The authority shall
consult the forum annually in respect of the relevant
authority’s functions relating to the schools budget, in
connection with the following:
a)
the arrangements to be
made for the education of pupils with special educational
needs;
b)
arrangements for the
use of pupil referral units and the education of children otherwise
than at school;
c)
arrangements for early
years education;
d)
administrativearrangements for the allocation of central
government grants paid to schools via the authority;
4.2.
The authority may
consult the forum on such other matters concerning the funding of
schools as they see fit. The forum may also ask the Authority to
consult them on any financial matters relating to the Schools
Budget.
5.
Other
Items
5.1.
The Forum shall have the
following powers:
- to agree minor changes to the operation
of the minimum funding guarantee, where the outcome would otherwise
be anomalous, and where not more than 50% of the pupils in schools
maintained by the authority are
affected;
- to agree to the level of school specific
contingency at the beginning of each year;
- to agree arrangements for combining
elements of the centrally retained Schools Budget with elements of
other Local Authority and other agencies’ budgets to create a
combined children’s services budget in circumstances where
there is a clear benefit for schools and pupils in doing
so;
5.2.
Additionally and in
exceptional circumstances only:
- to agree an increase in the amount of
expenditure the Local Authority can retain from its Schools Budget
above that allowed for in the regulations;
- to agree an increase in centrally
retained expenditure within the Schools Budget once a multi-year
funding period has begun; and,
- to agree changes to an authority’s funding
formula once it has been announced prior to the start of a
multi-year funding period.