Independent financial review of two of Croydon's MNS
Dear Croydon Borough Council,
A cabinet report dated 28th June 2023 regarding 'Future options for Maintained Nursery Schools', makes reference in clause 1.10 to: 'an independent review of the finances and delivery models of two of our MNS' commissioned by the council. I would like a copy of the independent review report, and details of who undertook the review.
This is the link to the cabinet report referenced above: https://democracy.croydon.gov.uk/mgConve...
Yours faithfully,
Alaina Packer
Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA
Contact: Information Team
[Croydon Borough Council request email]
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Dear Alaina Packer
Freedom of information request - FOI/8418
Subject: FOI - Independent financial review of two of Croydon''s MNS
Your request is being considered and you will receive a response within
the statutory timescale of 20 working days, subject to the application of
any exemptions. Where consideration is being given to exemptions the 20
working day timescale may be extended to a period considered reasonable
depending on the nature and circumstances of your request. In such cases
you will be notified and, where possible, a revised time-scale will be
indicated. In all cases we shall attempt to deal with your request at the
earliest opportunity.
If we are unable to provide you with the information requested we will
notify you of this together with the reason(s) why, and details of how you
may appeal.
Please note that the directorate team may contact you for further
information where we believe that the request is not significantly clear
for us to respond fully.
Kind Regard
Information Management Team
Croydon Digital Services
Assistant Chief Executive Directorate
7th Floor, Zone B
Bernard Weatherill House
8 Mint Walk
Croydon CR0 1EA
Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA
Contact: Information Team
[Croydon Borough Council request email]
Dear Alaina Packer
Request FOI/8418
Further to your request received on 09/10/2023, I confirm that the Council
has now considered your request under the Freedom of Information Act
2000. Specifically, you have requested the following information:
"Dear Croydon Borough Council,
A cabinet report dated 28th June 2023 regarding 'Future options for
Maintained Nursery Schools', makes reference in clause 1.10 to: 'an
independent review of the finances and delivery models of two of our MNS'
commissioned by the council. I would like a copy of the independent review
report, and details of who undertook the review.
This is the link to the cabinet report referenced above:
[1]https://democracy.croydon.gov.uk/mgConve...
We confirm that the information you have requested is held by the Council.
The review was undertaken by The Collegiate Trust. However, having
considered your request carefully, for the reasons set out in this
response, we are satisfied that the independent review report is not
disclosable.
Background
Background and explanatory information about maintained nursery schools
(MNS) both generally and specifically in the context of Croydon, including
the Council’s statutory duties and relevant decision making processes, is
set out in the Cabinet report of 28 June 2023. This is a public document
and is accessible on the Council’s website.
In short, four out of five of Croydon’s MNS are in a deficit budget
position and are unable to set a balanced budget. As of 2022/23, the
cumulative budget deficit totalled £560,760. If the status quo is
maintained, the deficit will continue to increase. This is neither
acceptable nor sustainable. Inaction risks increasing debt burdens and
unmanaged school closures with the Council assuming responsibility for the
accrued deficit.
Against that stark background, the Council decided to consult on reducing
the number of MNS via closure or amalgamation to make them financially
sustainable.
The Council recently completed an initial consultation on whether to
reduce, in principle, the number of MNS via closure or amalgamation. If,
after the responses have been analysed, the proposal is agreed, a
statutory notice will be published which will start another four-week
representation period when the MNS proposed to be closed or amalgamated
will be named. At the end of the representation period the outcome will be
considered by the Executive Mayor in Cabinet and a final decision on the
proposal will be made.
Consultation and question and answer documents providing more detailed
information are available on the Council’s website.
The independent review report
The report you have requested is an independent review of existing and
alternative delivery models for two of the MNS assessing finances,
structures and other operational matters. It is confidential and contains
sensitive information. It was commissioned by the Council to support and
assist the affected MNS, to inform its own deliberations, to inform its
deliberations with the affected MNS and ultimately to inform its decision
making as to how to make the MNS financially sustainable.
FOIA
FOIA provides a general right of access to recorded information held by
the Council subject to specified exemptions and limits.
Section 36(2)(b)(i) and (ii) and (c) of FOIA state that information is
exempt if, in the reasonable opinion of the qualified person, disclosure
of the information would, or would be likely to, inhibit the free and
frank provision of advice or the free and frank exchange of views for the
purposes of deliberations or would otherwise prejudice, or would be likely
otherwise to prejudice, the effective conduct of public affairs.
The Council's Monitoring Officer is a qualified person for the purposes of
s36(2)(b)(i) and (ii) and (c) of FOIA.
Having considered the use of this exemption carefully, the Monitoring
Officer is of the opinion that the report you have requested is exempt
from disclosure because the interests protected by s36(2)(b)(i) and (ii)
and (c) of FOIA would be harmed and the balance of public interest favours
maintaining the confidentiality of the report.
The purpose of this exemption is to carve out a safe and confidential
space for public authorities to think, explore options, request and
receive advice, discuss and evaluate, and to deliberate. The Council
commissioned an independent review of two of its MNS for these reasons. In
a local authority context, this is particularly important in respect of
areas of decision making such as education which require councils and
schools to work together to address financial and other operational
issues.
It ensures the most effective use of limited public resources and value
for money.
It ensures that decision-making proposals are properly informed and
tested.
It ensures that the Council and schools are not denied the legitimate
space that they need, especially when discussing sensitive issues, to
privately consider the possible options and the potential advantages and
disadvantages and to speak freely. This is essential in ensuring that the
potential benefits are not lost or diminished.
It ensures that a co-ordinated approach is taken.
It also ensures the most effective provision of education services.
Section 36 is a qualified exemption and the Monitoring Officer considered
the public interest in deciding to disclose or withhold the report you
have requested.
The Monitoring Officer is aware that he can apply this exemption only if,
in all the circumstances of the case, the public interest in maintaining
the exemption outweighs the public interest in disclosing the information.
The public interest factors that have been considered and the weight
attached to them by the Monitoring Officer and the reasons why are set out
below.
The Monitoring Officer acknowledges the assumption built into FOIA that to
disclose information is itself of value and in the public interest in
order to promote transparency, scrutiny and accountability in relation to
the activities of public authorities. The Monitoring Officer acknowledges
that there is a particular public interest benefit in openness concerning
public finances and how public services are delivered. The disclosure of
information can also result in greater public understanding and acceptance
of controversial decisions.
The Monitoring Officer then weighed those factors against the competing
considerations set out above and concluded that the scales weigh heavily
in favour of maintaining the s36(2)(b)(i) and (ii) and (c) exemption.
Given the purpose of the report and the factual, financial and legal
context, it is critically important that the commissioning of independent
advice, the exploring of options, the testing of ideas and reactions and
the free frank provision of views between the Council and MNS is not
inhibited. This requires a safe and confidential space Otherwise, the
quality of decision making and the integrity of decision making processes
would be impaired. Also, the Council’s ability to provide effective
support and assistance to schools would be undermined.
The report contains sensitive information relating to issues which are
live. Namely, the Council is yet to complete its analysis of the responses
received to the initial consultation on whether to reduce, in principle,
the number of MNS via closure or amalgamation. If the proposal is agreed,
a statutory notice and consultation process must be complied with before a
final decision on the proposal is made. It would put the two MNS the
subject of the review at a disadvantage vis a vis the other MNS because of
the inevitable comment and speculation the disclosure of the report would
provoke. This would be unfair. Worse still, it is likely to cause
disruption or divert resources in managing the impact of disclosure for
the Council and the affected MNS.
More broadly, disclosure of the report would significantly prejudice
co-operative working practices between the Council and the affected
schools and other schools in general. It would also significantly
undermine trust and confidence between the Council and the affected
schools and other schools in general.
Finally, in the context of your request, the Monitoring Officer is of the
view that it is not necessary to disclose the information you have
requested in order to secure transparency, scrutiny and accountability.
The Cabinet report of 28 June 2023 and the consultation documents setting
out the background, the issues and objectives of the decision making
process have already been published. The Council’s decision on whether to
reduce, in principle, the number of MNS via closure or amalgamation will
be reported in public and reasons will be given. Furthermore, a final
decision will be preceded by a statutory consultation process and will be
made by the Executive Mayor at a public meeting of Cabinet with the
benefit of a public report.
The Council publishes Access to Information requests and responses on its
online Disclosure Log. (Any request included within this log will be
anonymised appropriately)
To view the Council’s Disclosure Log, please visit our website available
here:
[2]The Freedom of Information (FOI) Act | Croydon Council
(disclosure-log.co.uk)
If you are dissatisfied with the way the Council has handled your request
under the Freedom of Information Act, you may ask for an internal review.
This should be submitted to us within 40 working days of this response.
You can do this by outlining the details of your complaint by:
Email: [3][Croydon Borough Council request email]
Writing: Information Team
London Borough of Croydon
Bernard Weatherill House
Floor 7 - Zone B
8 Mint Walk
Croydon, CR0 1EA
Any requests received after the 40 working day time limit will be
considered only at the discretion of the council.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire, SK9 5AF
Yours sincerely,
Information Team
Croydon Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House,
Mint Walk,
Croydon,
CR0 1EA
[4][Croydon Borough Council request email]
[5][email address]
References
Visible links
1. https://democracy.croydon.gov.uk/mgConve...
2. https://croydon.disclosure-log.co.uk/
3. mailto:[Croydon Borough Council request email]
4. mailto:[Croydon Borough Council request email]
5. mailto:[email address]
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