This is a proposal to remove the Wednesbury Learning Community Trust as the foundation of Park Hill Primary School, Coronation Road, Wednesbury WS10 0TJ, and alter the Instrument of Government of the school to remove the category of foundation governors. The schools making this proposal are:
which are foundation schools with a foundation established otherwise than under the School Standards and Framework Act 1998.
Proposed Implementation Date
1st July 2019
Notice is given in accordance with section 4 of The School Organisation (Removal of Foundation, Reduction in Number of Foundation Governors and Ability of Foundation to Pay Debts) (England) Regulations 2007 that the Governing Body of Park Hill Primary School proposes to remove the Wednesbury Learning Community Trust as its foundation and alter the Instrument of Government of the school to remove the category of foundation governors.
Name of the Trust
The name of the trust that the Governors intend to remove from 1st July 2019 is the Wednesbury Learning Community Trust. The Governors also intend to alter the Instrument of Government of the School to remove the category of foundation governors.
In accordance with the requirements of Regulation 7 of The School Organisation (Removal of Foundation, Reduction in Number of Foundation Governors and Ability of Foundation to Pay Debts) (England) Regulations 2007 in Governing Body consulted on publishing proposals to remove the school’s foundation and alter the Instrument of Government of the School to remove the category of foundation governors.
The consultation documents were distributed to stakeholders between 8th January and 8th February 2019. These included a letter which set out briefly the implications of the proposed change as well as the reasons why the Governing Body are proposing it.
Learners will be consulted via School Council, assemblies and a range of other internal school mechanisms. There were no responses to the consultation.
Rationale for removing the Trust and removing the category of foundation governors
The current status of the school and the work of the trust no longer meets the need of the school and the community that it supports.
Currently the land and buildings used by the School is held by the Wednesbury Learning Community Trust on trust for the School. If, following a careful consideration of all the responses to these proposals, the Governing Body chooses to proceed to remove the foundation, ownership of the land and buildings used by the School will transfer from the foundation to the Governing Body to be held for the purposes of the School.
No payment will fall to be made by the Governing Body to either the Council or the foundation in respect of the transfer of the land and buildings.
After the transfer, the requirements of the School Premises Regulations 1999 will continue to apply and be satisfied.
If the Wednesbury Learning Community Trust ceases to be the foundation which supports the School, then it’s eligibility to appoint the foundation governors to the Governing Body of the School also ceases. The Instrument of Government for the School will need to be redrafted to remove references to the foundation governors.
In accordance with The School Governance (Constitution) (England) Regulations 2012, the size of the Governing Body would be 11 constituted as follows:-
The new structure of the Governing Body would be reflected in a new Instrument of Government made by the local authority and coming into force on 1st July 2019.
Objections or comments
Within six weeks from the date of publication of these proposals - by midnight on 24th June 2019 any person may object to or make comments on the proposal by writing to the school at the address above or by e-mail to firstname.lastname@example.org
Decision as to Implementation
After carefully considering all responses to these proposals, the Governing Body will decide whether it wishes to remove the foundation and alter the Instrument of Government of the school to remove the category of foundation governors.
Chair of Governors Dated 13th May 2019
DRAFT INSTRUMENT OF GOVERNMENT
INSTRUMENT OF GOVERNMENT
2. The school is a foundation school without a foundation.
3. The name of the governing body is "The governing body of Park Hill Primary School'
4. The governing body shall consist of:
a. 4 parent governors;
b. 1 LA governor;
c. 1 staff governor;
d. 1 head teacher;
e. 2 partnership governors;
f. 2 co-opted governors.
5. Total number of governors shall be 11
6. This instrument of government comes into effect on 1st July 2019.
7. This instrument was made by order of The Borough Council of Sandwell on 29th April 2019.
8. A copy of the instrument must be supplied free of charge to every member of the governing body (and the head teacher if not a governor).
THE COMMON SEAL OF THE
BOROUGH COUNCIL OF SANDWELL
was hereby affixed
this day of 20
in the presence of