Statutory Guidance on changing a Community School to a Foundation School states the following (the relevant bits have been highlighted in bold):
24. Under Section 176 of the Education Act 2002 LAs and governing bodies are also under a duty to consult pupils on any proposed changes to local school organisation that may affect them. Guidance on this duty is available on the Teachernet website: www.publications.teachernet.gov.uk and is entitled “Pupil Participation Guidance: Working Together – Giving Children and Young People a Say”.
25. How consultation is carried out is not prescribed in regulations and it is for the governing body to determine the nature of the consultation including, for example, whether to hold public meetings.
Proposers should avoid consulting on proposals during school holidays.
However, the governing body should consult all interested parties, allow adequate time, and provide sufficient information for those being consulted to form a considered view on the matters on which they are being consulted, and should make clear how their views can be made known.
Those bringing forward proposals should be able to demonstrate how they have taken into account the views expressed during consultation in reaching any subsequent decision as to the publication of proposals. Where, in the course of consultation, a new option emerges which the proposers wish to consider, it will probably be appropriate to consult afresh on this option before proceeding to publish proposals.
Did the Moseley School Interim Executive Board (IEB), made up of largely anonymous people, adhere to the statutory guidance?
The answer is NO on several key aspects. In essence the public consultation is less than open, honest, transparent, fair and inclusive. This will be explained in greater detail later.
In the meantime, if you are a pupil, parent, member of the local community served by the school, representative of a local independent community organisation or consider yourself to be an interested party, and you have not been consulted at all or properly consulted in line with statutory guidance then you need to make a formal complaint to:
enquiry@moseley.bham.sch.uk and copy it to the Strategic Director tony.howell@birmingham.gov.uk and Cabinet Member les.lawrence@birmingham.gov.uk
It is well worth objecting and appealing because that way at least those proposing changes are held to account and can be forced to hold proper consultations and forced to adhere properly to the necessary procedures. So, at the very least, you will be properly heard and your point of view will be put forward.
You should also write to:
The Secretary of State (Rt. Hon. Michael Gove MP)
Department for Education
Sanctuary Buildings
Great Smith Street
London
SW1P 3BT 44.
