TERMS OF REFERENCE
THE SCHOOLS FORUM
Representatives from schools, academies and free schools make up the Schools Forum. There is also some representation from non-school organisations, such as nursery and 16-19 education providers.
The Forum acts as a consultative body on some issues and a decision making body on others.
The Forum acts in a consultative role for:
changes to the local funding formula (the local authority makes the final decision)
proposed changes to the operation of the minimum funding guarantee
changes to or new contracts affecting schools (school meals, for example)
arrangements for pupils with special educational needs, in pupil referral units, and in early years provision
The Forum decides:
how much funding may be retained by the local authority within the dedicated schools grant (for example, providing an admissions service, or providing additional funding for growing schools)
any proposed carry forward of deficits on central spend from one year to the next
proposals to de-delegate funding from maintained primary and secondary schools (for example, for staff supply cover, insurance, behaviour support)
changes to the scheme of financial management
PRINCIPLES
Whilst members are representatives of their specific sectors or phase, they will be expected to seek feedback from the schools they represent.
Schools Forum members should consider the needs of the whole educational community, rather than using their position on the Schools Forum to advance their own sectional or specific interests.
Schools staff and governors should make sure that the representatives they choose are competent to act as their advocates.
They should also ensure that they are aware of Schools Forum business and make their views known about decisions affecting schools’ finance.
Local authorities must publish all Schools Forum papers in advance of each meeting.
Any recommendations should be clear and local authority responsible officers should attend meetings to provide further information and advice.
All Schools Forum meetings must be open to the public. Observers do not have an automatic right to speak at meetings, but the chair may allow contributions where appropriate.
CONSTITUTION
The title of the Forum shall be the ‘Schools Forum for Tameside’ herein after referred to as ‘The Schools Forum’.
Introduction
The Schools Forum has been established in accordance with the provisions of the Schools Forums (England) Regulations 2012 (S.I. 2012/2261). The following document lays out a revised constitution and terms of reference of The Schools Forum, building upon the original documentation drawn up in June 2003. The Schools Forum is a separate statutory body and, as such, is not a committee of the local authority.
The School and Early Years Finance (England) Regulations 2021 amended The Schools Forums (England) (Coronavirus) (Amendment) Regulations 2020 to make permanent provisions to enable Schools Forum meetings to be held remotely. This includes (but is not limited to) telephone conferencing, video conferencing, live webcast, and live interactive streaming. Where a Schools’ Forum decides to hold a public meeting by remote means only, the Forum should provide support or make alternative arrangements so that any interested parties who do not have telephone or online access can attend virtual meetings.
Functions of the Forum
To make decisions in relation to:
de-delegation from mainstream maintained schools budgets (separate approval will be required by the primary and secondary phase members of schools forum), for prescribed services to be provided centrally
to create a fund for significant pupil growth in order to support the local authority’s duty for place planning (basic need), including pre-opening and diseconomy of scale costs, and agree the criteria for maintained schools and academies to access this fund
to create a fund for falling rolls for good or outstanding schools if the schools’ surplus capacity is likely to be needed within the next three years to meet rising pupil numbers and agree the criteria for maintained schools and academies to access this fund
agreeing other centrally retained budgets, including for local authority statutory responsibilities (where these relate to maintained schools only, voting is by the primary, secondary, special and PRU members of schools forum)
funding for central early years expenditure, which may include funding for checking eligibility of pupils for an early years place, the early years pupil premium and/or free school meals
authorising a reduction in the schools budget in order to fund a deficit arising in central expenditure, or from de-delegated services, which is to be carried forward from a previous funding period in the 2019 to 2020 funding year. The Schools Block is ring-fenced. Local authorities require Schools Forum approval in order to move up to 0.5% from the Schools Block to other blocks
in each of these cases, the local authority can appeal to the Secretary of State if the Schools Forum rejects its proposal.
The Local Authority must consult the Schools Forum in relation to:
amendments to the school funding formula, for which the voting is restricted by the exclusion of non-schools members, except for PVI representatives
arrangements for the education of pupils with special educational needs in particular the places to be commissioned by the local authority and schools, and the arrangements for paying top-up funding
arrangements for the use of pupil referral units and the education of children otherwise than at school, in particular the places to be commissioned by the local authority and schools, and the arrangements for paying top-up funding
arrangements for early years provision
administrative arrangements for the allocation of central government grants paid to schools via the local authority
Membership and Attendance
The Schools Forum will be made up of schools, academies and free schools members and non-school members as listed below. Non-schools members will make up no more than a third of a Schools Forum's total membership
Schools Members
Members should be headteachers, governors or bursars (they may be represented by other senior members of staff within their school). Governors can include interim executive members of an interim executive board. Membership will be determined in accordance with regulation.
Non-Schools members
A representative of providers of 16-19 education must be elected from those providers.
Early years’ providers from the private, voluntary and independent (PVI) sector.
Other attendees who are permitted to contribute to a Schools Forum meeting:
the Director of Children’s Services at the authority or their representative;
the Chief Finance Officer at the authority or their representative;
any elected member of the authority who has primary responsibility for Children’s Services or education in the authority;
any elected member of the authority who has primary responsibility for the resources of the authority;
any person who is invited by the Forum to attend in order to provide financial or technical advice to the Forum;
an observer appointed by the Secretary of State; and
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.
Meetings will be open to the public, although there is no automatic opportunity for members of the public to speak. Public involvement can come through Forum invitation only. Where the Forum discusses matters of a confidential nature e.g. contracts where there is a commercial interest, then this should be considered private and confidential and members of the public excluded. In all cases the principles of the Local Government (Access to Information) Act apply.
Meetings and Proceedings of the Schools Forum
The local authority shall act as clerk to The Schools Forum and ensure that all of the procedural aspects of Forum performance are complied with.
The Schools Forum shall meet at least four times per year.
The Forum shall be quorate if at least 40% of the voting membership is available at the meeting.
A Chair and Vice Chair shall be elected annually from those members present at the first meeting of the academic year; the term of office being one year. Any elected member or officer of the authority cannot stand as Chair.
A member of Schools Forum may nominate an alternate to attend a meeting if he or she is unable to do so, but the alternate must also fulfil the same criteria as the member; they must be from the same category of school within the local authority. The appointed member, prior to the meeting, shall notify the name of the substitute member to the officer acting as clerk to the Forum.
Any member who fails to attend four consecutive meetings of Schools Forum, even where a substitute attended on his or her behalf, may have their membership terminated.
A draft agenda shall be agreed for the 12 month period. The Chair of Forum must decide upon the agenda for the meeting following consultation with members of the Forum. The final agenda and written papers are to be circulated 5 working days before the start of the meeting. Verbal or tabled reports will only be accepted in extenuating circumstances.
Charging of expenses
All expenses of the Forum shall be met by the Authority, and charged to the schools budget. Expenses can be claimed in line with the forum expenses procedure.
Future Amendments to the Terms of Reference
Membership and terms of reference will be reviewed by the Local Authority at the start of each academic year.
Support officer: Democratic Services. 0161 342 3050 or Email: natalie.king@tameside.gov.uk Schools’ Forum meetings are open to the public. If you plan on attending, please contact the clerk to the Forum, Natalie King
Postal address:
Democratic Services
Tameside One, Market Place
Ashton-Under-Lyne
Tameside
OL6 6BH
Phone: 0161 342 2316
Email: natalie.king@tameside.gov.uk