DEPARTMENT OF EDUCATION DEVELOPMENT PROPOSALS FOR GRANT-AIDED SCHOOLS 2003
CONTENTS Page Introduction Consultation Format and content of Development Proposals Timing of Publication of Proposals Modification Judicial Review Appendix A Examples of Significant Change
INTRODUCTION 1. The main purpose of the development proposal procedure is to ensure that all interested parties are informed about proposed changes to schools and have an opportunity to comment on any proposed development that may affect them before decisions are taken. All objections and comments received are considered in reaching a final decision on a development proposal. 2. Article 14 of the Education and Libraries (NI) Order 1986 (as amended), details the circumstances leading to the publication of Development Proposals. One such circumstance is a proposal for significant change in the character or size of a school - the types of change that are considered significant are detailed in Appendix A. 3. The Department will determine any dispute as to whether or not a proposed change should be regarded as significant. 4. School authorities should bear in mind that decisions on development proposals are subject to the judicial review process and in considering an application, the courts will consider not only whether statutory procedures were followed but also whether all interested parties, such as parents and teachers, were treated fairly during the process and given a chance to air their views. CONSULTATION 5. Consultation includes:- 1. Informing all interested parties about a proposed change to a school; explaining the reasons for it and any implications arising from it; 2. Receiving views expressed by concerned parties and; 3. Considering the validity of points made. The relevant Education and Library Board (ELB) publish all Development Proposals. ELBs do not have the discretion to refuse to publish a development proposal and must keep a record of all views expressed in the consultation process. ELBs must then pass those views on to the Department along with its own views on the proposal. 6. There should be widespread consultation with local communities about any intention to: - i. Discontinue a school; ii. Establish a new grant aided school, including one that replaces an existing school or schools; iii. Add to or remove from a school a stage of education, thus changing the age group for which the school caters; iv. Attach a special education unit to a school other than a Special school, or to change arrangements for such units, eg to close such a unit or to move it to a different school; v. Make or change any arrangements under which admission to a school is selective by reference to perceived ability or aptitude, or limited to one sex only; vi. Attach an Irish-Medium unit to a school;
vii. Make any change that would have a significant effect on another grant-aided school. This would include any substantial increase in enrolments as well as the relocation of an existing school to the catchment area of other schools. 7. In addition to the statutory requirement for the ELB to consult with all schools affected by the development proposal, including the school that is the subject of the proposal, Article 24(5) of the Education and Libraries (NI) Order 2003, introduces a requirement for consultation with Boards of Governors, parents and teachers of existing schools, prior to the publication of a development proposal. For maintained schools this function will be carried out by the CCMS, for controlled schools by the ELB s and for schools in other sectors, by the proposer of the development proposal. The Department will seek documentary evidence that the statutory consultation has taken place. 8. While these are the minimum legal requirements for consultation, the Department regards it as very important that consultation should be as widespread as possible and that the views of local people should be sought while planning is still at a formative stage. It expects that appropriate consultation will have taken place with parents, teaching and other staff and with the board of governors of the school or schools concerned before formal development proposals are made. The Department would also expect such consultations to have taken place within the 12 months immediately before publication of such proposals. 9. It is particularly recommended that (all) parents should be notified individually in writing, by the proposer of the Development Proposal, of the of the effects which the proposal would have for the education of their children, for example by having to move schools or go to a school other than the one they expected when they transfer to secondary education. Such notification might contain information about the proposal and the procedure for making written representations, including the date by which they should be submitted. In addition, where a meeting is to be held to explain the need for a development proposal, parents should be invited to attend. Such meetings should be held outside working hours and at a place most convenient for the parents whom the authority expects to attend. 10. School authorities may wish to adopt the procedure whereby parents, teachers and other interested parties are invited to attend a special meeting of the board of governors of the school. The Department would also encourage ELBs to continue to receive small deputations at appropriate Board meetings, at which they may address the Board and present written evidence. 11. The Department would suggest that in some cases (for example where the date of implementation of a development proposal is likely to be delayed for some time) consultation may be necessary also with the parents of children not yet at the school to which the proposal relates. This is because parental expectations of the school in which their children will be educated in future may be changed as a result of the proposal. School authorities will want to consider how this could best be done - one possibility would be by placing an advertisement in the local press. 12. Consultation also extends to the Department, who will aim to facilitate any representations or receive any comments which parties affected by the proposal may wish to make. FORMAT AND CONTENT OF DEVELOPMENT PROPOSALS 13. Development proposals should be worded in clear terms so that there can be no room for doubt about the intentions. Full details should be given including for example, of any transitional arrangements. In addition to the effective date, a proposal should always include the statement or as soon as possible thereafter, to allow for flexibility where the implementation of a proposal might be delayed for a short time.
14. Normally a separate development proposal should be published for each school. Composite development proposals covering several schools should be avoided except where a development proposal involves the rationalisation of two or more schools. This avoids the situation where if one of the schools named on a composite proposal is not approved then the entire development proposal fails. 15. Where a proposal supersedes a previously published development proposal or a former amended development scheme, a note to this effect should be included in the revised proposal. 16. If the full implications of a proposal may not be readily apparent to the general public from the body of the notice that is to be published in the Press, an explanatory statement, which should be clearly distinguished from the proposal itself, should be provided. Discontinuance of a grant-aided school 17. The proposal should state the name and location of the school, whether it is controlled, maintained or voluntary and the proposed date of closure. Establishment of a new grant-aided school 18. The proposal should state whether a controlled, maintained or voluntary school is proposed and where appropriate, should name any existing school, or schools, that it is intended should be replaced by the new school. The proposed location of the new school should be given or if this is not possible, an approximate location. In addition, the likely size of the new school should be indicated (ie enrolment band and related number of classbases). Addition or Removal of a stage of Education or other significant changes in character or size 19. The proposal should state the name and location of the school, whether it is controlled, maintained or voluntary, give full details of the extent and nature of the proposed change and state when the change is proposed to take effect. Where the proposal relates to nursery classes, the number of places involved should be specified. TIMING OF PUBLICATION OF PROPOSALS 20. The procedure for publication and objections (which applies to all schools) is set out in Article 14(6) of the 1986 Order. It is particularly important that proposals should allow an adequate period between the date of publication of the proposals and the proposed date of implementation. If parents, teachers and children are to have an adequate period (of not less than one term, unless circumstances are exceptional) in which to make alternative arrangements, it follows that proposals must be published well in advance of the proposed date of implementation. As school places for the next academic year are allocated in March, any development proposal that affects enrolments for the next year needs to be published in good time to allow parents to make their choice. As publication of a development proposal has to be ratified by a meeting of the Education and Library Board, following consultation with other schools, an allowance must be made for periods when the Boards do not meet eg July/August. 21. Proposals to discontinue a school at the end of the autumn or spring term may be inappropriate if one result of their being approved would be that some children would be involved in changes of schools in two successive terms. In general it is desirable that significant changes should take place at the end of the summer term. Each case must be considered individually, but where possible, closure proposals should be published not less than 12 months before they are due to be implemented and well in advance of any transitional arrangements to be made.
22. The Department places great importance on the location of a school for a number of reasons eg child safety or consideration for other schools in the area. In the case of new schools, it is also important to ensure that chosen sites do not incur excessive development costs. A site visit by the Department s Building Advisory Branch is therefore necessary for new and relocated schools and in publishing a development proposal time should be allowed for this. 23. Where a development proposal is required in order to effect a major capital works scheme, it is necessary for that proposal to have received Ministerial approval before the scheme can be considered for inclusion on the contenders list (which is normally compiled in January). This is indicated in Annex D of the Department s guidance on the Capital Allocation Process. To meet this deadline, the development proposal would need to be published no later than September of the previous year. 24. The Department aims to have a decision on a development proposal within 4/6 weeks of the end of the objection period. The decision on a development proposal is taken by the Minister and it is not uncommon for deputations, whether for or against the proposal, to seek a meeting with the Minister. So far as possible, the Minister will seek to accommodate such requests but, because of diary commitments, this can delay a decision on the proposal. In a recent proposal that went to judicial review, the Judge did consider whether sufficient time had been taken to consider the proposal properly. 25. A published proposal should indicate where possible the effective date of implementation and should clearly state that any objections to the proposal should be sent to Development Branch of the Department of Education, Rathgael House, 43 Balloo Road, Bangor, Co Down BT19 7PR. 26. ELB s should notify the Department promptly of all new proposals this should include a copy of the notification as published in the local newspapers. Correspondence relating to development proposals (including initial notification of publication) should be referred to Development Branch, at the address given above. 27. A written acknowledgement will be issued as soon as such correspondence is received and if the Board receives no such acknowledgement within 10 days, the Department should be contacted to confirm whether the correspondence has been received. MODIFICATION 28. Under Article 14(7) of the 1986 Order the Department may, if it deems it necessary, modify a development proposal. The need for modification may arise from valid points made by objectors or from the Department s analysis of the proposal. Modification will only be done after consultation with the proposer. If the proposer disagrees with the modification then there may be no alternative but to turn down or withdraw the proposal and re-publish. JUDICIAL REVIEW 29. If a development proposal decision becomes the subject of a judicial review, all papers relating to the case may have to be made available to the Court. It is therefore essential that all consultation meetings are carefully documented and that all correspondence is retained.
APPENDIX A SIGNIFICANT CHANGES THAT REQUIRE A DEVELOPMENT PROPOSAL Examples of significant change would include the following:- CHANGES IN CHARACTER Changes of this nature would involve the following examples:- a. A single sex school becoming co-educational (or vice versa). b. The addition of a nursery unit or special education unit to an existing school or changes in the age group for which a school caters. c. The restructuring of the educational system in a particular locality in order to eliminate selection by perceived ability at age 11. d. The introduction of a grammar stream in a secondary school. e. The closure of a preparatory department at a grammar school. CHANGES IN SIZE This category would include the following:- a. Proposals to increase a school s approved total enrolment. b. Proposals to introduce a 2-form entry in a primary school. This would not normally include the provision of permanent provision to replace existing temporary accommodation that was brought in to use some time previously because of rapid natural growth of enrolments and population in the area. Minor alterations and extensions would not be regarded as significant. EFFECT UPON ANOTHER GRANT-AIDED SCHOOL This category would include the following:- Any development at a school which would be liable to have an effect on other schools or on the pattern of educational provisions in the general area of the school or on the type of education provided at the school.