Can the government afford to reorganise local government?

Is local government reform dead in the water? Plans for major overhaul of councils halted – BBC News Council officials that have spent the summer putting in place arrangements for new shadow council elections next May, will either be delighted or annoyed at the waste of precious resources or upset that the changes have been delayed.

The government cites new legal advice. I assume this means that they have been told that they would lose any Judicial Review of the process to reach the current stage of reorganisation.

I wonder whether the Treasury has taken a look at the proposals and said that the changes wouldn’t save money, and might cost more to operate the same services. Take Oxfordshire, where the proposals were for three unitary councils, each with a director of Children’s Services, at an extra cost of perhaps £300,000 plus on-costs for three Directors compared to the current one for the county. Multiply that by 17 councils, and that’s probably £3mn just for Children’s Services. Add just five new directors for other services that cannot be absorbed into the role of existing district council officer’s jobs, and the bill start to look very much like an expensive exercise. This is even before you add in the cost of Mayors for most of these areas.

So, what looks like a good example of poorly planned reorganisation of councils, is starting to look like an expensive waste of money. Hard luck on Surrey, whether the former county has already been split into two unitary councils, just as happened to Northamptonshire after the former county ran into financial trouble.

I cannot say that I am sorry for the pause, and will also not be sorry if reorganisation is kicked into the long grass, as I am not sorry. The prospect of funding fin Children’s services for areas with high needs for both SEND and children in care, being funded in the future only by a small number of council tax payers rather than spreading the cost over a wider area, as at present, was a frightening prospect.

Unless the current pause is short-lived, and that seems unlikely if the process was flawed, then even 2028 for a restart of shadow elections looks like a remote possibility.

Sorting out the relationship between councils and academies is a much bigger priority for me than shifting the arrangements for school admissions and other functions between existing and new councils.

I guess some officers may be looking at promotion opportunities disappearing, but I also guess councillors in Rutland, the smallest county, will be overjoyed, as may be those councillors nearer home in West Berkshire, as they may well be able to remain as a separate unitary council rather than being swallowed up into the new Ridgeway Council.

However, everyone will really want an outcome decided, as a pause is in nobody’s interest, whatever their outcome might be.

School funding: MATs and local government reorganisation

One interesting anomaly thrown up by the division of the 1974 shire counties into more and smaller unitary authorities, is how schools funds will be handled following the break-up of the former county councils. Local government functions around education were an upper tier authority responsibility under the 1974 local government reforms. Some county boroughs and towns that lost control over schooling in 1974, including Oxford City, where I live, never accepted this loss of responsibility, and are looking forward to becoming an upper tier authority once again, this time as a unitary council – effectively a county borough under a new designation.

Much has changed in the governance of schooling since 1974, and local authorities, despite winning a small but important battle over control of in-year admissions in Clause 52 of the recently passed Act of Parliament, have far less direct involvement in schooling than in the past, and certainly than in 1974.

One interesting issue in terms of loss of control over schools is encapsulated in the supplementary question set out below. I asked the question in September 2018 to the then Conservative Cabinet member on Oxfordshire County Council.

Councillor Howson had given notice of the following question to the Cabinet Member of Children’s Services

“Could you list the revenue balances for all maintained primary schools in Oxfordshire at the end of the 2017/8 financial year and show what percentage of revenue income the balance represents and how the percentage has changed since the end of the previous financial year, as well as the latest available number of pupils on the school roll?”

The Cabinet Member replied:

“Please find below the information required for all maintained primary schools in Oxford. This list includes the primary schools maintained as at 31 March 2018 and the data used for the number on roll is at October 2017.”

Supplementary:  Lord Agnew, the Minister of State told Auditors of Multi Academy Trusts (MATs) and committees that they may approve the virements of cash between schools in a Multi Academy Trust or a Multi Academy Committee.  Is the Cabinet Member prepared to ask Multi Academy Trusts or Committees in Oxfordshire not to take money from one school to support another and especially with those Multi Academy Trusts with Headquarters outside Oxfordshire, not to transfer money away from any school in Oxfordshire because we have been a member of the F40 Group and it would be unfair if money was taken from a school in Oxfordshire to support a school in a much better funded part of the Country.  If MATs won’t agree with this, would the Cabinet Member be prepared to write to the Secretary of State, asking for the same virements arrangements that are available to schools in MATs to be available to the State schools and stand-alone academies.”

The Cabinet member responded that she would be very happy to support that as Oxfordshire money should be for Oxfordshire Schools and anything she could do to support that she would be happy to undertake.

Why is this important? Take the example of Surrey County Council, now divided into two unitary councils: East and West Surrey. I guess that some MATs will have schools in both of the new council areas. Under existing rules, even if funding factors are different between schools in the two new authorities, even allowing for similar basic funding under the National Funding Formula for schools, the MATs can move resources between the different authorities.

Such movement is not possible for non-academy schools, even within a council area, let alone between areas. Ther e might not be much difference in surrey, but compare two secondary schools – one in say, in Henley in east Oxfordshire, firmly part of the South East region, and another secondary school in say, Swindon, in the South West region. Both are in the same MAT. Should funds be allowed to be switched between these schools by the MAT? (Note: this is a hypothetical example to illustrate the point)

It has become more of a challenge to understand whether academy trusts do move funds between schools because of the increasing use of pooled reserves in MAT accounts, as opposed to individual school balances, the purpose of my original question way back in 2018.

Local authorities may now be able to create an academy trust and encourage – it cannot seemingly compel – the maintained schools to join the new trust. One wonders why schools would do so if there was a risk of losing complete control over their budgets?

This issue about control over school funds is yet another example of a schooling system lacking coherence and vision, and a government that has missed a great opportunity to demonstrate that it understands the need for coherent and rational planning for the school system as a whole.

The NHS, centrally controlled since 1948 is currently undergoing yet another reorganisation to save money, and improve its effectiveness. I fear the school system in England will end up in the same mess of piecemeal reorganisations if there is not both adequate local oversight and a rationale operational model.