Agenda item

To consider the report of the Head of Democratic Services

That the scrutiny committee refers the matter back to the Cabinet for reconsideration on the grounds that a sufficient response had not been received to the second reason for calling in, namely:-

 

"2. The report does not take future Housing and Employment that would come into force in the Village into consideration.

 

(a) A new development to construct a new hotel that would create a minimum of 40 full-time posts in the area – employees and their families would need resources, including education for our children.

 

(b) Welsh Government, Gwynedd Council's Housing and Property Department and a Housing Association (which owns land in the village) are currently exploring the potential to construct more homes – Welsh Government has stated that a grant is available to develop this land to potentially construct 15 homes.

 

The Housing Association has confirmed that plans have already been drawn up for the Bryn Garmon site.

 

There is no mention in the report of the new plan by the Housing and Property Department and nothing about the developments underway in the Village and therefore, by not doing so, the Education Department has not responded to the requirements of the Well-being of Future Generations Act."

 

The report of the Head of Democracy Service was submitted noting that the following decision had been called in for scrutiny in accordance with Section 7.25 of the Council's Constitution:-

 

Item 8: Ysgol Abersoch, Cabinet meeting 28.9.21

 

"To finally confirm the proposal issued through statutory notice to close Ysgol Abersoch on 31 December 2021, and to provide a place for the pupils at Ysgol Sarn Bach from 1 January 2022 in accordance with Section 53 of the School Standards and Organisation Act (Wales) 2013 and the requirements of the School Organisation Code 011/2018."

 

The Chair explained that a request had been made to call in the decision for scrutiny, by Councillors Alwyn Gruffydd, Elwyn Jones and herself, within the necessary requirements and timeframe.

 

It was noted that the reasons for calling in, namely the aspects of the decision that it was considered should be scrutinised, and that were within Constitutional requirements, had been noted as follows:

 

“1. The Report is inaccurate and misleading in terms of the impact on the community, for example, the Welsh language and culture - it states that there is no impact on the language in the table on page 714.

 

2. The Report does not take into account future Housing and Employment that will take effect in the village.

 

(a) There is a new development to construct a new hotel that would create a minimum of 40 full-time posts in the area - employees and their families would need resources, including education for our children.

(b) Welsh Government, Gwynedd Council's Housing and Property Department and a Housing Association (which owns land in the village) are currently exploring the potential to construct more houses - Welsh Government has stated that a grant is available to develop this land to potentially construct 15 houses.

The Housing Association has confirmed that plans have already been drawn up for the Bryn Garmon site.

There is no mention in the report of the new plan by the Housing and Property Department and nothing about the developments underway in the village and therefore, by not doing so, the Education Department has not responded to the requirements of the Well-being of Future Generations Act.

 

3. Concern has been expressed in relation to the footpath between Abersoch and Sarn Bach; the Education Department stated that contact had been made with the Highways Department but nothing definite has been submitted in terms of resolving this risk which places pupils in danger. The Education Department mentions transport arrangements which will inevitably have an effect on climate and is a poor example to the children of how the Council considers climate impact.

 

4. One child is ineligible for the offer of transport due to age policies - in future, when the number of children increases as a result of (a) and (b), it is likely that other children will be refused this transport and, therefore, suffer in terms of their education.

 

5. The decision is to close the school in the middle of the academic year and there is no doubt that this will be confusing for the children. Again, this will have a negative impact on their education and there is no explanation as to why and what is the logic here.

 

In order to assist the committee to scrutinise the matter in accordance with the aspects of the decision that it was considered should be scrutinised, the following documents were presented to the scrutiny committee also:-

 

·         Appendix 1 - the Education Department's response to the aspects of the decision that it is considered should be scrutinised

·         Appendix 2 - Cabinet Decision Notice (Item 8, 28.9.21)

·         Appendix 3 - Cabinet Report (Item 8, 28.9.21)

 

The Monitoring Officer explained the context to the Cabinet decision in September (as outlined in the first part of Appendix 2 to the report).

 

The Cabinet Member set out the context noting that:-

 

·         He considered that the report presented to Cabinet on 28 September specifically addressed the objections relating to the impact on the community and the Welsh language, potential developments in the area, transport and travel and the date of implementing the proposal.

·         These issues were also discussed further during the Cabinet meeting, before reaching a final decision.

·         The proposal to close Ysgol Abersoch and offer the pupils a place at Ysgol Sarn Bach would not only respond to the challenges facing Ysgol Abersoch, but would also lead to more consistent opportunities for the children in the catchment area by aiming for the Council's strategic aspirations to offer education of the highest possible quality to each pupil.

 

In response to a question from the Chair regarding the decision to close Ysgol Abersoch in the middle of a school year, it was confirmed that there was sufficient time to prepare for the transfer of pupils to Ysgol Sarn Bach.  A piece of work is to be carried out in relation to where parents chose to send their children and the second step would be to draw up a detailed transition plan with the staff of the schools concerned, to ensure support for the children throughout the transition period.  It was also noted that the Department had responded to a similar situation before, such as when the new Ysgol y Garnedd was established in Bangor.

 

The members who had called in the decision were invited to submit their comments.  It was noted that:-

 

·         The Cabinet had followed an irreversible path to close Ysgol Abersoch, disregarding the 3,000 names that had objected, either by petition or individual comments.  The new houses being built in Abersoch, and the new jobs that were about to be created in the village, were disregarded and no real consideration was given to the impact of the decision on the Welsh language in the village, or the impact on governors, parents or pupils, namely the island of Welshness in the village.

·         The arguments for closing the school were ambiguous, and that words such as 'perhaps', 'possibly' or 'it is likely' arose frequently in the reports.

·         It was not possible to conduct a fair and comprehensive consultation in the middle of the pandemic.

·         The School Organisation Act states that education authorities should presume against closing a school.

·         A school's population was a matter of ebb and flow.  It was accepted that the numbers had dropped at present, but there was a presumption that there would be 11-12 pupils at the school next year and the following year.  More than 20 pupils in the catchment area attended other schools, which unfortunately happens when the future of a school was under threat.

·         It was a shame that other options, such as federalisation, were not considered.

·         There would be no advantage in moving seven children to Ysgol Sarn Bach.

 

In response to these observations, the Head of Education noted that:-

 

·         The issue of holding the consultation during a pandemic had already been scrutinised by this committee, and that this was not one of the grounds for calling in the decision.

·         The presumption against closing a school was specifically for schools designated as small and rural. This was not the case in Abersoch, but in order to offer support and transparency, the Department had dealt with the process as if it were a small and rural school.

 

Members were given an opportunity to ask questions and offer observations. 

 

A member noted the opinion that the extensive documentation received addressed the reasons for calling in the decision.

 

In response to questions, it was noted that:-

 

·         In terms of the impact on the Welsh language and on the community, impact assessments had been carried out on the potential impact on the community and the Welsh language throughout the process.  As the school closure assessment indicated that there would be an impact on community aspects of the school, and the loss of the school in the community, it was considered what the Council could do to mitigate the potential negative effects.

·         The Authority was doing everything to encourage discussions between the alternative school and Ysgol Abersoch so that the good experiences that the pupils have had at Ysgol Abersoch could be transferred to the alternative school.  Ysgol Abersoch had been very visible in the village, and the alternative school needed to be encouraged to ensure that the collaboration with the Abersoch community continued. 

·         The Welsh language situation at Ysgol Sarn Bach was strong, with 57% of the school's pupils coming from Welsh-speaking homes, compared with 33% of Ysgol Abersoch pupils. This meant that there would be more opportunities for pupils to use the Welsh language within the classroom and on the playground.  Ysgol Abersoch had worked hard to develop the pupils' bilingual skills and promote the use of the Welsh language, and the expectation was just as high for Ysgol Sarn Bach.

·         In terms of numbers of children, figures for September 2020 showed that 26 3-8 year-old children lived in the catchment area, with five of them (19%) choosing to attend Ysgol Abersoch and 21 (81%) choosing to attend schools outside the catchment area.  In September of this year, 20 3-8 year-old children lived in the catchment area, with four of them (20%) choosing to attend Ysgol Abersoch and 16 (80%) choosing to attend schools outside the catchment area.  In terms of the current situation, seven children are attending Ysgol Abersoch, four from the catchment area, and three from outside the catchment area.

·         Travel was a key part of every report to Cabinet.  Transport is already provided for pupils attending Ysgol Sarn Bach from Year 4 onwards, and it is not considered that providing additional transport for Ysgol Abersoch pupils would result in additional costs or adversely affect the carbon footprint.

 

The Local Member was invited to submit observations.  He noted that:-

 

·         He wished to thank his fellow members for calling in the decision, and also the governors of the school, who have fought so hard, the staff and children, and the parents who have continued to send their children to the school.

·         There were many questions about the reasons for moving children in the middle of a school year.

·         A plan to build 12-15 affordable houses in the village was going ahead, and that this would increase the number of children in the area overnight.

·         It was also very likely that a plan to build a hotel in Abersoch would be going ahead and would create new jobs in the area.

·         The report did not refer to the future of the catchment area or the village, and therefore disregarded the principles of the Well-being of Future Generations Act.

·         It had recently been argued in the full Council that the council tax premium should be spent in the areas where the tax was collected, and that there was no reference in the report to any attempt to use the premium to attempt to fund the school.

·         One nearby school was well over capacity, but no explanation was given as to why that could have happened.

·         As one child would not be getting transport to Ysgol Sarn Bach due to the Council's age policy, that child would be deprived of an education for a year.

·         The urgency to close the school by 31 December this year was not understood, especially as new information had come to light.

·         The impact on the Welsh culture and language would be a major blow to the efforts made to keep the language alive in the village.

·         It was not understood why the children needed to be moved before creating the safe path for pedestrians from Abersoch to Sarn Bach.

·         Parents had the right to send their children to any school, and who was to say that Abersoch parents would send their children to Sarn Bach?  No-one yet knew where the children would go, or how.

·         The Cabinet's decision was disgraceful, and the reports did not answer any of the questions.

·         It was not understood why Ysgol Abersoch had not been registered as a rural school. It was understood that Welsh Government decided this, but Welsh Government said that the question must be asked of the Council.  In addition, it was stated at one time that the Council had not been consulted on this, but Welsh Government stated that there had been three consultations.

·         Ysgol Abersoch was a very good school, and he hoped that the committee would consider sending the matter to the full Council for a decision.

 

In response to these observations, the Monitoring Officer explained that:

 

·         As the Cabinet decision in June of this year to publish the statutory notice was not called in for scrutiny, this brought the consultation process to a close.

·         The role of the Cabinet in September was to consider the objections to a published statutory notice, and the role of this committee is to consider the Cabinet's response to those objections, and that this is a statutory procedure involving a statutory period.

·         If this committee was to take the matter back to the Cabinet with points that were not part of the objections, or were new matters, the Cabinet would not be in a position to take those into account.

·         The committee was entitled to refer the matter to the full Council to continue the scrutiny process, but the rationale for doing so would have to be clear.  Also, as the 16-week period to confirm the statutory notice ended in mid-November, an extraordinary meeting of the Council would have to be convened in good time to refer the matter back to the Cabinet before the statutory threshold was exceeded.

 

In response to the last point, the Local Member suggested that the argument that we were running out of time did not hold water, as we should have taken the statutory timetable into account throughout the process.  In response, the Monitoring Officer noted that it was unusual to ask the full Council to take on the scrutiny role, and whatever the role of the full Council, the matter would have to go back to Cabinet for a decision.

 

On a point of accuracy, the Head of Education noted that the Local Member's comment that one pupil was not eligible for transport to Ysgol Sarn Bach was misleading, and that the report addressed transport for the nursery pupil.  The Local Member replied that this was not what was said at the Cabinet meeting.  In response, the Head of Education explained that following the Cabinet, the Department had reviewed the individual situation and had made an exception to the policy to ensure that the pupil was provided with transport to school.

 

A member noted that:–

 

·         He admired the diligence of the local community's earnest campaign, involving the Local Member, governors, parents, pupils and former pupils, who had pleaded their case for keeping the school open for the benefit of the children and the community.

·         However, the member also understood the Cabinet's argument for closing a school with seven pupils, and that this figure was not viable, despite the standard of education.

·         The governors and parents felt frustrated that they had not had a face-to-face public meeting with the Authority and questioned whether the Cabinet could consider holding such a meeting in the interest of fairness for all.

 

In response to the last comment, the Cabinet Member explained that public meetings had been held before the pandemic.

 

It was proposed and seconded that the scrutiny committee refer the matter back to the Cabinet for reconsideration on the grounds that a sufficient response had not been received to the second reason for calling in, namely housing and hotel developments in the area.

 

An amendment was proposed and seconded, namely that the scrutiny committee refer the matter back to the full Council because the issue was much wider than Abersoch, and there was a need to give all members in the county the opportunity to respond to this.  In response to the amendment, the Monitoring Officer explained that the Council could not be asked to discuss the entire school organisation process, and that the amendment was nothing more than asking the Council to fulfil the scrutiny role in the context of the specific point, namely the response to the objections.  It was also noted that there was a need to be clear in relation to the rationale for asking the full Council to fulfil the scrutiny role in this case.

 

A member noted that he did not believe that sending the matter back to the exact people who had made the decision in the first place was democratic, and that it would be more open and transparent if the matter went before the full Council.

 

For clarity, it was confirmed that the amendment was that the scrutiny committee refer the matter for scrutiny at an extraordinary meeting of the Council within the next two weeks (to coincide with the statutory timetable), on the grounds that a sufficient response had not been received to the five reasons for calling in.

 

A vote was taken on the amendment and it fell.

 

A vote was taken on the original proposal to refer the matter back to the Cabinet for reconsideration on the grounds that a sufficient response had not been received to the second reason for calling in, namely housing and hotel developments in the area, and it carried.

 

RESOLVED that the scrutiny committee refer the matter back to the Cabinet for reconsideration on the grounds that a sufficient response had not been received to the second reason for calling in, namely:-

“2. The Report does not take into account future Housing and Employment that will take effect in the village.

(a) There is a new development to construct a new hotel that would create a minimum of 40 full-time posts in the area - employees and their families would need resources, including education for our children.

(b) Welsh Government, Gwynedd Council's Housing and Property Department and a Housing Association (which owns land in the village) are currently exploring the potential to construct more houses - Welsh Government has stated that a grant is available to develop this land to potentially construct 15 houses.

The Housing Association has confirmed that plans have already been drawn up for the Bryn Garmon site.

There is no mention in the report of the new plan by the Housing and Property Department and nothing about the developments underway in the village and therefore, by not doing so, the Education Department has not responded to the requirements of the Well-being of Future Generations Act."