Purpose

To seek approval for capital expenditure for the scheme.

Decision

1. That the allocation of £5.6 million from the approved capital Budget High Needs Capital Programme – Future Schemes to Broadmeadow Special School relocation and expansion project be approved.
2. That the allocation of £10.8 million from the approved Primary and Secondary School Expansion Programmes to Broadmeadow School relocation and expansion project be approved.
3. That subject to the approvals set out in recommendations 1 and 2 above, the grant funding agreement between the City of Wolverhampton Council (CWC) and the Central Learning Partnership Trust (CLPT) for a total sum of £16.4 million be approved. 
4. That the land and asset transfer agreements (including but not limited to any surrender documentation, agreement for lease and lease) related to the current Broadmeadow Special School and Priory Green Offices to enable the development of the school at Priory Green be approved, subject to the approval of the Deputy Director of Assets prior to the completion of any of the said agreements.
5. That underwriting Priory Green Site demolition costs in the event the Broadmeadow Scheme does not go ahead from the Corporate Asset Management Fund, funded from the Corporate Provision and Contingency for Future Programmes (CPCFP) be approved.
6. That the Chief Operating Officer (or such other authorised officer) be authorised to enter into all legal agreements as may be necessary to put the matters related to this scheme into effect.
7. That it be noted, the Local Authority (LA) has a statutory duty under the Education Act 1996 to:

·           ensure that sufficient school places are available within their area for every child of school age whose parents wish them to have one

·           to promote high educational standards, to ensure fair access to educational opportunity, and;

·           to help fulfil every child’s educational potential.

The LA must also ensure that there are sufficient schools in its area and promote diversity and parental choice.

In addition, there is a statutory duty in the Children and Families Act 2014 requiring LA’s to keep provision for children and young people with Special Educational Needs and Disabilities (SEND) under review (including its sufficiency).

1. That it be noted, the Department for Education’s (DfE) Regional Director is responsible for determining if academies can expand and extend the age range, however, the Council is not fully appraised of all the information which decisions are based on, therefore, the Council is not in full control of all the factors relating to the effective and timely supply of school places nor relocation decisions.
2. That it be noted, as part of the relocation (and any subsequent land and asset transfer) the Council would need to determine the future use of the current Broadmeadow Special School site.  This would require an application to be submitted to the DfE, who have a strong policy presumption against the loss of land from the educational estate.
3. That it be noted, Central Learning Partnership Trust (CLPT) had confirmed a fixed contribution of £3.0 million to the Broadmeadow Special School project.
4. That it be noted, due to the potential level of investment required for this expansion programme, Basic Need and High Needs capital allocations could be insufficient for future schemes. There is potential for a proportion of future schemes that would need to be funded by prudential borrowing.