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.