Agendas, reports and minutes

Minutes of Meeting of the Education, Children and Adult’s Services Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday 12 November 2014 at 10.05 am.

Present:

Highland Council:

Dr D Alston, Mrs J Barclay, Miss J Campbell (Substitute), Mr A Christie (Chair), Mrs M Davidson, Ms J Douglas, Mr B Fernie, Mr B Gormley, Mr K Gowans, Mr M Green, Mrs D Mackay, Mr W Mackay, Mr G MacKenzie, Mrs B McAllister, Ms L Munro, Mrs M Paterson, Mrs F Robertson, Ms G Ross (Vice Chair), Mr G Ross, Ms J Slater, Ms M Smith, Ms K Stephen, Mr J Stone
 
NHS Highland:

Mrs M Duncan, Ms D Jones 
 
Religious Representatives:

Dr A Fraser, Ms M McCulloch, Mr G Smith 
 
Non-Members also present:

Mr T Maclennan, Mr D Millar, Mr G Rimell, Mr R Saxon, Dr A Sinclair
 
In attendance:

Mr B Alexander, Director of Care and Learning
Mrs B Cairns, Head of Additional Support Services, Care and Learning Service
Ms S Campbell, Head of Children’s Services, Care and Learning Service
Ms S MacLeod, Head of Health, Care and Learning Service
Ms F Palin, Head of Adult Services, Care and Learning Service
Mr B Porter, Head of Resources, Care and Learning Service
Mr J Steven, Head of Education, Care and Learning Service
Mr R Campbell, Estate Strategy Manager, Care and Learning Service
Ms R Binks, Quality Improvement Manager, Care and Learning Service
Mr J McTaggart, Educational Psychologist, Care and Learning Service
Ms C King, Health Improvement Policy Manager, Care and Learning Service
Ms M Campbell, Development Officer (Disability), Care and Learning Service
Mr P Finlayson, Quality Improvement Officer, Care and Learning Service
Ms M Stewart, Education Officer, Care and Learning Service
Ms S Russell, Principal Officer (Nursing), Care and Learning Service
Mr P Wilson, Management Trainee, Care and Learning Service
Mr E Foster, Finance Manager, Finance Service
Ms A Darlington, Action for Children (Third Sector)
Mr C Munro, Highland Children’s Forum  (Third Sector)
Miss J Maclennan, Principal Administrator, Corporate Development Service
Miss M Murray, Committee Administrator, Corporate Development Service
Mrs R Daly, Committee Administrator, Corporate Development Service

Also in attendance:

Ms K Whyte, Senior Performance Auditor, Audit Scotland
Ms M Bruce, Senior Audit Manager, Audit Scotland
Ms J Baird, Director of Adult Care, NHS Highland
Mr I Murray, Chief Executive, High Life Highland
Ms S Bridger, Education Officer, Stonewall Scotland

An asterisk in the margin denotes a recommendation to the Council.  All decisions with no marking in the margin are delegated to the Committee.

Mr A Christie in the Chair

Business

Preliminaries

It was AGREED that, in terms of Standing Order 18, agenda item 8 - Sustainable School Estate Review, Strontian - would be considered immediately after item 4.

1. Apologies for Absence
    Leisgeulan

Apologies for absence were intimated on behalf of Mrs I Campbell, Mr D Hendry, Mrs G McCreath and Mr S Finlayson.

2. Declarations of Interest
    Foillseachaidhean Com-pàirt

The Committee NOTED the following declarations on interest:-

Item 7 – Mrs F Robertson (non-financial)
Item 9 – Mr K Gowans (non-financial)
Item 10 – Ms J Douglas (non-financial)
Item 12 – Ms J Douglas (non-financial), Mr K Gowans (financial and non-financial) and Mr W Mackay (financial)
Item 16 – Ms J Douglas and Mr K Gowans (non-financial)
Item 17 – Mr A Christie and Mr K Gowans (non-financial)
Item 18 – Ms G Ross (non-financial)

Ms G Ross declared a financial interest in those items which might raise discussion on Thurso High School, as her husband was a teacher at the school, and advised that if there was any specific discussion in relation to Thurso High School she would leave the room.

Dr D Alston declared a non-financial interest in those items relating to integrated health and social care services as a Board Member of NHS Highland but, in terms of the dispensation granted by the Standards Commission, remained to participate in discussion.

Mr G Smith declared a non-financial interest in those items which might raise discussion on supply teaching as he was a supply teacher but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

3. Membership of Sub-Committees
    Ballrachd Fho-chomataidhean

The Committee AGREED that Mr J Stone replace Mr M Rattray on the Culture and Leisure Contracts Scrutiny Sub-Committee.

4. Presentation: Audit Scotland Report – School Education
    Taisbeanadh: Aithisg Sgrùdadh Alba – Foghlam Sgoile

There had been circulated Report No ECAS/43/14 dated 4 November 2014 by the Director of Care and Learning which provided a brief summary to introduce the Audit Scotland Report on School Education, published in June 2014.  The Audit Scotland Report assessed attainment over the last decade and identified how effectively Councils had made improvements over this time.  The key messages were highlighted, together with an outline of the detailed recommendations and a strategy for how the recommendations of the report might be taken forward by the Council.

Ms K Whyte, Audit Scotland, undertook a presentation and explained that the aim of the Audit Report had been to assess how efficiently and effectively Councils were using resources to maximise pupil achievement in schools.  The three main objectives had been to examine the level of Councils’ spending on school education; how effectively Councils were driving forward improvements in pupil achievement and how efficiently Councils were using resources to maximise pupil achievement.

Key facts about attainment were outlined and specific attention was drawn to evidence that in Scotland in 2013 there was an 81% attainment gap between the lowest and highest performing schools in S4 achieving 5 awards at level 5.  In Highland the attainment gap sat at 56%.  Attainment trends in Highland had improved over the last ten years and in 2013 the range and spread of performance between schools in Highland was on a level with the national average.  Improvement rates had been slightly lower than the national average but this partly reflected Highland’s slightly higher overall starting point.  It was now recognised that while deprivation was a key factor influencing pupil attainment it was not the only factor and differences in attainment, therefore, needed closer scrutiny.

An outline of Highland’s overall spending on education was provided, together with an indication of equivalent national averages.  In this connection, Councils had been encouraged to make use of the new Local Government Benchmarking Framework.  It was acknowledged that the Council had issued its budget consultation which included references to making efficiencies in education and attention was drawn to how other Local Authorities had made savings.  Councils needed to allocate and target resources effectively, to know what worked well for their area and to monitor performance.  In this regard and with particular reference to deliberations on future efficiencies, Members were encouraged to consider closely the long-term likely impact on pupil performance of any proposals to reduce spending on education.

During discussion, Members thanked Audit Scotland for the report and raised a range of issues, including:-

• in response to the recommendations of the Audit Report, there was a clear strategy set out to address and monitor the variances in performance across Highland schools.  It was clear that the Education Standards and Quality Report also built on some of the themes mentioned in the Audit Scotland report.  The Council’s response to the Audit recommendations emphasised the need for priorities and timeframes to address attainment gaps, benchmarking within and outwith Highland and to take account of good practice.  It was interesting that additional funding for schools did not in itself guarantee increased performance and that schools in areas of deprivation did not always record poor educational attainments;
• the report highlighted key social equality and justice issues and it was clear that Members must prioritise addressing its recommendations throughout the rest of the Council term.  It was suggested that a workshop be arranged with the Committee to explore the issues addressed in the Audit Report, to consider current practices and, in particular, to consider the impacts of deprivation in Highland and the themes included in the Education Standards and Quality Report;
• it would be essential to ensure that the Council’s budget deliberations in December were influenced by considerations for the long-term impact on children’s education.  Specific reference was made to the decision taken to direct resources to early years and in this respect it would be important to devise indicators that could provide early feedback;
• it was requested that all Members receive a copy of the presentation delivered by Audit Scotland and it was essential that everything possible be done to close the gap in performance levels and achievement for children from areas of deprivation;
• Council spending on education had fallen and resulted in employing fewer members of staff.  This could raise issues particularly for areas of population growth where increased numbers of teaching staff would be likely in the future; and
• it was queried whether any other Council had reduced school hours on financial grounds and, if so, whether feedback on this could be provided. 

It was acknowledged that it was difficult to evaluate and monitor the benefits of investment in early years; similarly it would be difficult to forecast the long-term impacts on attainment and performance in the event of education budget reductions.  While closing the attainment gap was a key consideration for the Council, in addition to this the need to raise the performance bar should continue to be a priority.

The Committee:-

i.  NOTED the content of the report;
ii.  AGREED to endorse the measures recommended as part of a Highland Strategy; and
iii. AGREED to hold a workshop in January 2015 to consider Audit Scotland’s comments and to consider issues
    raised about the impacts of deprivation on children’s education.

8. Sustainable School Estate Review – Strontian
    Ath-sgrùdadh Oighreachd Sgoile Seasmhach – Sròn an t-Sìthein

The Chairman advised the Committee that a request had been received from Strontian Primary School Parent Council that this item be deferred to the February meeting of the Committee to permit Officers to consider information on all options.

The Committee AGREED to defer consideration of this item until the meeting of the Committee in February 2015.

5. NHS Highland Change and Improvement Plan
    Plana Atharrachaidh is Leasachaidh NHS na Gàidhealtachd

There had been circulated Report No ECAS/44/14 dated 3 November 2014 by the Director of Adult Care, NHS Highland on behalf of Deborah Jones, Chief Operating Officer, NHS Highland which explained that a further draft of the Adult Services Change and Improvement Plan had been developed following discussion at the Education, Children and Adult Services Committee, NHS Highland’s Health and Social Care Committee and across District Operational Teams.

An early draft of the Change and Improvement Plan outlining the final 3 years of the Partnership Agreement had been considered by the Committee in May 2014 and a final draft was intended to be presented to this meeting.  Within the context of the national position, it was explained that the draft required further work to ensure compliance with regulations on Strategic Plans as required by the Public Bodies (Joint Working) (Scotland) Act 2014.  Compliance with new legislation required the development of a Strategic Plan for the Highland Partnership and this would comprise the Change and Improvement Plan, For Highland Children’s 4, the Local Unscheduled Care Plan and the Local Delivery Plan.

The Strategic Plan required to be submitted in final form to Scottish Government by 1 April 2015 but with a draft to be submitted by the end of the year.  It was the intention to submit the Plan for approval to both the NHS Highland Board and the Highland Council in February/March 2015 in advance of the 1 April deadline.  The Change and Improvement Plan was now available in a District format for use within District Partnerships to ensure the key outcomes and associated outputs as agreed in the Partnership Agreement were being achieved.

During discussion, Members raised a range of issues, including:-

• there were concerns about the number of Plans currently being developed.  While it was appreciated that merging the full range of documents into the Strategic Plan would take time, there was now an urgency to finalise and deliver the Plan and there was a need to ensure more benchmarking to evaluate progress;
• it would be important to maintain a pro-active approach to promote wellbeing, empower communities to achieve better outcomes and engage in shifting the balance, location and culture of care;
• financial information needed to be the overarching element of the Plan and this appeared to be missing – there was a need to understand new financial projections and for more work to be done on pooling budgets from an outcome-based perspective.  In this regard, it was suggested that an Officer Working Group, with cross-party Member representation, meet in early course to consider the details of the Plan and financial governance issues.  So not to compromise financial transparency, the Group would focus simply on the structure of the financial arrangements.  Budgetary details would continue to be considered by the NHS Highland Board, Highland Council or by this Committee;
• the Partnership Agreement was now mid-term and it was unclear from the Draft Plan what NHS Highland’s intentions were for the remainder of the Agreement term and how it intended to address areas for improvement.  While integration had worked well in terms of managing staff, there were still issues about governance, finance and redefining outcomes that needed to be addressed.  A mid-term review of the Partnership Agreement should be carried out so that the areas identified for improvement could be tackled;
• in terms of devolved care at home services, it was essential to invest and actively encourage the growth of community-based solutions to maximise independence and this should be given a higher profile in the draft Plan;
• the Council had a governance duty to monitor the £95m it provided to NHS Highland for Adult Services.  The Plan included only brief information on this and, in light of the recent Audit Scotland report “NHS in Scotland 2013/14", the Council needed greater assurances on its financial contribution.  It was understood that NHS Highland would be producing a Finance Recovery Plan for Audit Scotland and it would be appropriate for the Council to receive a presentation on this with particular reference to how this might impact on adult social care;
• the Adult Services Development and Scrutiny Sub-Committee had asked for information on the criteria for the new Integrated Care Fund which would come into operation next year as it was still unknown how this would operate in Highland.  This fund would be integral to shifting the balance of care and it was essential that the Council were comfortable with these arrangements.  In this connection, it was confirmed that more details of the Integrated Care Fund would be considered at the next meeting of the Sub-Committee;
• there had been some successful examples of estate transfers to communities and it was hoped that there would be further opportunities for this;
• the single point of access for Health and Social Care Co-ordinators was an exciting development and particularly welcome as Health Services at a district level were complex;
• further information had been made available at the Health and Social Care Committee on the work of the “Community Pull” team to reduce delayed hospital discharges in Raigmore and this had been specifically acknowledged;
• it was encouraging that the living wage was to be paid to Social Care Workers and it was queried whether this would be through a voluntary or a formal arrangement through the procurement process;
• the links between high-level strategies and the work of the District Partnerships were not clear and a request was made for future consideration of how District Partnerships could be made more accessible and meaningful to the public.  It was suggested that an interim review of District Partnerships would be appropriate to address challenges and opportunities as it was evident that their roles would remain limited until the public could engage with them.  It was confirmed that District Partnerships would be considered at a future meeting of the Committee;
• specific reference was made to the comments made at the Scottish Parliament Audit Committee in relation to NHS Highland.  As a Council, it was important to reiterate commitment to working together with NHS Highland in an atmosphere of mutual respect and trust; 
• it was clear that the Plan was complex and that services were provided through a mix of private and public sector involvement.  The Glenurquhart Care Centre model was cited as a good example of a local community-owned business solution that had responded to a local care provision need for the elderly and vulnerable;
• concerns were expressed regarding redesigning day care, in particular for the MacKenzie Centre in Inverness, and it was unclear if this would involve a third sector group.  Allied to this were the difficulties encountered with transport to and from community centres in the context of day care; and
• references to District Plans had been very encouraging and there was a need to ensure that this would inform Highland level policies and that resources would be directed appropriately.

The Committee:-

i.  NOTED the progress in developing the Adult Services Change and Improvement Plan in the context of the
    emerging legislation;
ii.  NOTED the draft Change and Improvement Plan as part of the ongoing process; and
iii. AGREED that an Officer Working Group with cross-party Member representation consider the detail of the
    NHS Highland Change and Improvement Plan together with governance issues.

6. Revenue Budget 2014/15 - Monitoring
    Buidseat Teachd-a-steach 2014/15 – Sgrùdadh

There had been circulated Report No ECAS/45/14 dated 3 November 2014 by the Director of Care and Learning which provided the Care and Learning budget monitoring position for the period to 30 September 2014 and the forecast year-end position.

The Care and Learning Service revenue budget for 2014/15 was £382.6m which equated to approximately two thirds of the Council’s total expenditure.  The current position was a projected overspend of £1.417m, a variance of 0.4%, and the report identified the main areas of budget pressure and mitigating actions.  In relation to the agreed budget savings, £3.069m had been identified as being deliverable in the current year.  The undeliverable elements, amounting to £1.239m, were contributing to the overall projected overspend and the impact of this was described.

During discussion, Members raised a range of issues, including:-

• at this stage in the financial year it was a concern that there were unachieved savings and further clarity on these areas and their cumulative impact was requested.  It was confirmed that a briefing on this would be provided to Members and that an expanded section addressing this would be included in the Revenue report for the next meeting of the Committee;
• it was unclear why an overspend of £0.694m had been forecast in the Catering, Cleaning and Facilities Management budget as it had been understood that the roll-out of the new Facilities Management model would be cost-neutral.  It was explained that officers were currently preparing a briefing note for Members;
• it was a concern that the report could only assume that there would be sufficient funding to deliver free school meals in P1-3 from January.  It was confirmed that the Revenue contribution had been confirmed and that the Capital allocation would be confirmed by the end of the month;
• greater certainty was sought that efforts to reduce the overall number of children in out of authority placements would definitely result in a reduced overspend – it was confirmed that effort had already been successful in containing the overspend;
• in relation to the increase in demand and requirement for additional capacity in Drummond School, it was queried whether the budget for this would increase if the staff-pupil ratio increased;
• as an overspend had been predicted for NHS Highland and, with particular concern for spending on Adult Services, it was not clear where the financial risks might become apparent.  It was queried whether both NHS Highland and the Council had their own risk registers, or a joint register, that could track this.  It was confirmed that further information would be provided to Members on any risk to the Council regarding the management of NHS Highland adult services budgets;
• it was queried what progress had been made with mitigating actions to finalise the Family Team structures and what impact might have been created by the vacancy management;
• further detail had previously been requested on how funding of Commissioned Children’s Services Income from NHS Highland fed into the various budget heads and what it was being spent on and this was still not forthcoming;
• clarification was sought on the totals for the year end variances for Children’s Services;
• it was felt that the report did not provide enough detailed information and, in particular, further detail was requested on the £1,085,000 overspend on school transport which had been reported without any explanation.  It was explained that the integrated transport project was addressing strategic issues and was not solely concentrating on Lochaber;
• separate monitoring was requested for spending on Facilities Management.  It was acknowledged that specific monitoring on this aspect of the budget would be helpful and discussions could be held with individual Members on this and other areas where more detailed information might be helpful;
• concerns were expressed that while briefing notes were helpful for Members, this did not provide full transparency.  It was confirmed that requests for information made in discussion would be provided by briefings to Members to inform debate at future meetings when these issues would be included on the agenda; and
• the total annual budget at June had been reported as £381,175,000 whereas, at September, it was reported as £382,604,000.  This represented a significant increase of £1,429,000 and concerns were expressed that this major variance was not explained in the report narrative.  It was confirmed that for the next Committee meeting information on all budget variances would be detailed and that the Committee could review this approach for future meetings.

The Committee:-

i. APPROVED the monitoring statement;
ii. NOTED the areas of budget pressures and mitigating actions to date; and
iii. AGREED that the next Revenue Budget report detail all financial variances.

7. Report on the Status of the Care and Learning Capital Programme and Estate Management Issues
    Aithisg mu Inbhe Prògram Calpa a’ Chùraim agus an Ionnsachaidh agus Ceistean Rianachd Oighreachd

Declaration of Interest: Mrs F Robertson declared a non-financial interest in this item as Vice Chair of Tain Royal Academy Parent Council but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that her interest did not preclude her involvement in the discussion.

There had been circulated separately Report No ECAS/46/14 dated 4 November 2014 by the Director of Care and Learning which advised on progress with the Care and Learning capital programme and budget monitoring position and sought approval for additional funding for several projects.  The report also updated on progress with the Sustainable School Estate Review and sought approval for recommended actions on some specific matters.

The current position was a projected underspend of £5m, the main projects leading to the slippage including Inverness Leisure Facility, Portree High School Hostel, Cromarty Primary School and Fort William Caol Joint Campus.  However, these project slippages were partly offset by acceleration in lifecycle investment projects.  The report explained that a review of expenditure profiles and programmes for all of the main budget headings in the Care and Learning Capital Programme was currently underway and officers were liaising with colleagues in the Finance Service to ensure that the implications of any changes were factored in to any future update of the Council’s overall Capital Programme.

The Committee:-

i.  NOTED the position as at the end of September 2014 for the 2014/15 capital programme as outlined in
    Paragraph 2.1 and detailed in Appendix 1 of the report;
ii.  NOTED the status of the major projects as detailed in Paragraph 2.2 and listed in Appendix 2 of the report;
iii. AGREED that the budget for the projects at St Clement’s and St Duthus Schools be increased from £3.2
    million to £4.5 million as detailed in Paragraph 2.5 of the report;
iv. AGREED to allocate funding of up to a maximum of £1.2 million across 2014/15 to 2015/16 from slippage in
    the capital programme to fund the ICT refresh for ‘category F’ schools and AGREED the proposed
    pupil:device ratio for these schools, to ensure consistency with other schools, as set out in Paragraph 2.6,
    Appendix 4 and Appendix 5 of the report;
v. NOTED the current position in relation to the various phases of the Sustainable School Estate Review and
    the ongoing discussions regarding Phase 4 of the Scottish Schools for the Future Programme, all as detailed
    in Section 3 of the report;
vi. NOTED the current position with regard to the properties on the Care and Learning residential estate as
    described in Paragraph 4.1 of the report; and
vii. AGREED that Achiltibuie Primary School House be declared surplus to operational requirements as
     described in Paragraph 4.2 of the report.

7a. Care and Learning Capital Programme – Wick Campus Project Update

In terms of Standing Order 17.2, the Chairman had agreed that this additional item of business, not specified on the agenda, be considered as a matter of urgency to obtain the agreement of the Committee to actions which would be taken while work to conclude the Wick Campus Design Build Finance Maintain contract were ongoing.  The objective of these actions was to maintain the overall programme timeline.

There had been circulated Report No ECAS/64/14 dated 6 November 2014 by the Director of Care and Learning which provided an update on progress with the Wick Campus project.

During a summary of the report, Members were reminded that the Wick Campus project was not a traditional Council design and build project but rather formed part of the Scotland’s Schools for the Future programme with support from the Scottish Futures Trust and the Scottish Government.  The nature of the model meant that a number of parties were involved in the negotiations.  Good progress had been made and it was anticipated that financial close would be achieved in the coming weeks.  To ensure that the overall programme and activity on site was maintained, it was proposed to accelerate certain aspects of the main contract in to Enabling Works Contracts and the report recommended that the contractor be allowed to place full orders with sub-contractors, thereby providing certainty, both to the contractor and the Council, in terms of cost and timescales.  It was also recommended that further extension of the scope of Enabling Works Contracts be considered if deemed appropriate.  It was emphasised that the proposals were to accelerate works within the cost cap agreed by the Council on 26 June 2014 and no new costs would be introduced.  There were risks, as detailed in the report, but, on balance, it was considered that the proposed actions were pragmatic and represented the best means of ensuring that the project could continue to deliver within the cost cap and overall project programme.

During discussion, Members expressed concern regarding the complexity of the contractual process and the substantial delays that had taken place.  The local community were extremely frustrated and it was hoped that there would be no further slippage.  In addition, concern was expressed regarding Minutes and other information not being made available to stakeholders.  However, it was recognised that the purpose of the report was to prevent further delays and it was important to focus on the fact that the community was getting a new school.  Work had now started at the site and progress was being made.

Thereafter, the Committee AGREED:-

i. the extended scope of the EWC2 contract to allow the contractor to place full orders; and
ii. that officers consider further acceleration of Wick Campus Design Build Finance Maintain works into Enabling
   Works Contracts, if this was required to maintain overall project cost and programme, pending completion of
   the main Design Build Finance Maintain contract.

9. Primary School Capacity Modelling and Roll Pressures in Inverness 
    Modaileadh Meud-comais Bun-sgoile agus Cuideaman Clàran-sgoile ann an Inbhir Nis

Declaration of Interest: Mr K Gowans declared a non-financial interest in this item as his daughter attended Bun-sgoil Ghàidhlig Inbhir Nis but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

There had been circulated Report No ECAS/48/14 dated 4 November 2014 by the Director of Care and Learning which advised of the work that had been undertaken in relation to establishing a consistent approach to determining the capacity of primary schools across Scotland and outlined the associated methodology that was recommended for use by the Council.  It also summarised the factors that needed to be taken into account in relation to establishing future capital investment priorities and identified some of the issues affecting primary school capacity in Inverness and options for future consideration.

It was explained that the guidance document “Determining Primary School Capacity” had been published by the Scottish Government on 24 October 2014.  The report summarised the background to the guidance; existing policy and legislation; and the purpose and scope of the guidance.  A clear, consistent basis for calculating capacity would assist in forward planning and future investment decisions; assessing curricular and organisational needs; determining if placing requests should be refused or granted; calculation of performance indicators; informing consultations on proposed changes to the school estate; and taking account of current Scottish Government policy and future changes.  Whilst it remained a Local Authority responsibility to choose how to calculate capacity, it had been recommended that the guidance be adopted by all Local Authorities and detailed information was provided on the Council’s proposed approach.

During discussion, the following issues were raised:-

• in relation to the notional example provided, it was highlighted that there were not many 13 classroom schools in Highland outwith Inverness;
• the use of the Scottish Government’s guidance in relation to determining condition, sustainability and sufficiency was welcomed;
• with regard to the proposed use of general purpose rooms as classrooms, information was sought on what would happen to the activities that usually took place there and what constituted “short to medium term”;
• the proposed report to the City of Inverness Area Committee was welcomed;
• some of the bigger primary schools, such as Central Primary in Inverness, were the best in terms of performance;
• it was important not to consider primary schools in isolation.  The report did not mention 3 to 18 campuses or the expansion of early years provision and there was still movement in some secondary schools, such as Inverness High School and Charleston Academy; and
• capping school rolls would lead to a greater number of placing appeals.

Thereafter, the Committee:-

i.  AGREED that the Council adopt the Scottish Government guidance on Determining Primary School Capacity;
ii. AGREED to adopt the recommended approach described in Section 4 of the report in relation to determining
    Planning Capacity and identifying the schools that were likely to exceed this figure at any point over a 15
    year period based on the roll projections;
iii. NOTED that consideration might be given, in future, to the application of the Primary School Teaching
    Entitlements in instances where schools would be able to accommodate a higher number of pupils in a
    particular session;
iv. NOTED that consideration would be given to capping school rolls and refusing placing requests, where
    deemed appropriate, from January 2015 onwards;
v. NOTED that any short to medium term requirements for additional classes in schools would continue to be
    managed where necessary by either using general purpose areas as classrooms or providing temporary
    accommodation;
vi. AGREED that work should continue in analysing the pressures affecting schools in Inverness in the future
    as part of the wider Sustainable School Estate Review in order to allow the outcomes to be taken into
    account in any future review of the Council’s capital programme;
vii. AGREED that further consideration be given to the measures required in relation to the immediate
     pressures affecting Bun-sgoil Ghàidhlig Inbhir Nis as well as the longer term requirements for additional
     accommodation in order to meet the anticipated future demand for places; and
viii. NOTED that there would be further discussion at City of Inverness Area Committee and at Ward Business
      Meetings to progress discussions on the Inverness Primary School issues.

10. Education Standards and Quality Report
      Aithisg Inbhean agus Càileachd Foghlaim

Declaration of Interest: Ms J Douglas declared a non-financial interest in this item as a Duke of Edinburgh’s Award Leader but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that her interest did not preclude her involvement in the discussion.

There had been circulated Report No ECAS/49/14 dated 3 November 2014 by the Director of Care and Learning which provided an overview of Standards and Quality in Highland primary and secondary schools and identified areas for improvement across the service.

The report explained that, every year, schools were required to produce a Standards and Quality Report to evaluate practice against the quality indicators in “How Good is Our School? (3)”.  The five core indicators were Improvements in Performance; Learners’ experiences; The Curriculum; Meeting Learners’ Needs; and Improvements through Self Evaluation.  The Standards and Quality Report provided a focused summary of educational progress under three key headings as follows:-

• How well does the Service improve the quality of its work?
• How well do young people within Highland learn and achieve?
• How well does the Service support young people to develop and learn?

During discussion, the following issues were raised:-

• the Duke of Edinburgh’s Award scheme led to significant benefits for young people, particularly in terms of confidence and teamwork.  The increase in enrolments was welcomed and the dedication of the staff and volunteers involved was commended;
• in relation to the results of parental and pupil surveys in Appendix 2 of the report, the percentage differences in responses from 2012/13 to 2013/14 were difficult to understand.  In addition, information was sought on how the responses from pupils would be addressed.  For example, a significant percentage of pupils did not feel that staff were good at dealing with bullying behaviour or that the Pupil Council was representing their views;
• as Corporate Parents, Looked After Children performing less well than their contemporaries was a constant concern and information was requested as to what specific actions were in place to address this issue.  A Corporate Parenting Seminar was scheduled for 13 November 2014 and it was hoped that it would be discussed there.  In response, the Chairman referred to the discussion at item 4 on the agenda and confirmed that the issue would be considered at the workshop in January 2015.  In particular, it was necessary to examine the deprivation figures and see if there were links to the working poor and welfare reform and whether there was any lobbying that could be done which, as a by-product, might improve educational attainment;
• the number of pupils with Additional Support Needs (ASN) had increased significantly over the past five years and information was sought on how this could be predicted in the future and what steps could be taken to mitigate the resulting budget pressures.  In response, the Chairman explained that the early years assessments, which were the subject of item 19 on the agenda, would go some way to predicting future demands.  The current ASN model took account of the fact that this was an area of increasing pressure and there were some good structures and interventions in place.  In addition, it was necessary to benchmark and look at what other local authorities were doing to ensure best practice and outcomes.  Again, these were the sort of issues that would be considered by the workshop in January 2015;
• there appeared to be two different interpretations of the term “early years”.  This could be confusing and it would be helpful to have a holistic view of children from zero to five years of age;
• with regard to bullying, for example, the Council had an excellent policy in place but it was important to monitor its effectiveness for the young people concerned;
• deprivation did not necessarily lead to poor outcomes but the vast majority of children growing up in deprivation were starting life at a disadvantage.  There was a level of deprivation throughout Highland that did not show up in the Scottish Index of Multiple Deprivation but was hidden in rural communities and it was necessary to explore that and its effects on young people; and
• the availability of data on the scale and depth of ASN was welcomed but it was essential that budgetary decisions were realistic.  If the budget could not meet the need, what was the result for the young people and their families as carers for young people who continued to be dependent because their needs were not met?

Thereafter, the Committee NOTED the contents of the Standards and Quality Summary Report 2013/14.

11. Learning for Sustainability Strategy
      Ro-innleachd Ionnsachadh airson Seasmhachd

There had been circulated Report No ECAS/50/14 dated 4 November 2014 which was a follow up to a report presented to the Adult and Children’s Services Committee by the Director of Education, Culture and Sport in January 2013.  In that earlier report, Members had agreed a proposal to update the existing Developing Global Citizenship Strategy, taking account of the new national Learning for Sustainability Policy.  The latest report summarised the proposed Highland Council Learning for Sustainability Strategy (the Strategy) and informed Members about recent developments in Highland before asking for endorsement of the Strategy.

The report highlighted a number of key points from the Strategy.  In particular, it stated that pupils must have opportunities to learn about the world; learn for life and work in a global society and learn through global contexts.  For that to be achieved, every school in Highland needed to adopt a whole school approach to Learning for Sustainability that was robust, demonstrable, evaluated and supported by leadership at all levels.  In addition, it was necessary to ensure that school buildings, grounds and policies supported learning for sustainability approaches.  To that end, every school should ensure that it adopted the “four Cs” (Curriculum, Campus, Culture and Community) approach, details of which were provided.

The Committee:-

i. NOTED the progress made in Learning for Sustainability in Highland; and
ii. AGREED to endorse the strategy summarised in the report and available in full in Appendix 1 of the report.

12. High Life Highland Progress Report
      Aithisg Adhartais High Life na Gàidhealtachd

Declarations of Interest:

Ms J Douglas and Mr K Gowans declared non-financial interests in this item as Directors of High Life Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion.

In addition, Mr K Gowans and Mr W Mackay declared financial interests on the basis of their spouses being employees of High Life Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion.

There had been circulated Report No ECAS/51/14 dated 4 November 2014 by the Director of Care and Learning which presented information on the establishment, governance and future reporting on the performance of High Life Highland (HLH).

HLH had been established by the Council in October 2011 as a charity to develop and promote opportunities in culture, learning, sport, leisure, health and wellbeing.  The Council had contracted HLH to deliver its Public Services Obligations in respect of Adult Learning; Archives, Arts; Leisure Facilities; Libraries; Museums; Outdoor Activities; Sport; and Youth Work.  Information was provided on governance; the Service Delivery Contract (SDC); monitoring; national recognition; financial and other benefits; and client arrangements.  In relation to future reporting, it was proposed that there be a report to the Education, Children and Adult Services Committee every six months comprising an update of progress against the actions in the SDC and a topic based update on how HLH was supporting the delivery of the Single Outcome Agreement themes.

During discussion, the following issues were raised:-

• in relation to the Council’s Annual Survey of Performance and Attitudes, information was sought on what measures were being put in place to improve the lower ranking activities;
• Highland libraries were the best performing in Scotland in terms of the Audit Scotland figure of visits per 1000 population with over 2.2 million visits in 2013/14.  This underlined the importance of the library service and the dedication of the staff was commended.  In addition, libraries fed in to other aspects of health and social care and had a substantial part to play in the future;
• the High Life model relied on high levels of membership for low cost, therefore there was limited scope to raise funds by raising membership fees.  If prices were too high, the scheme become inaccessible and the critical mass would be lost;
• with regard to financial implications, it was clarified that the potential further savings figure in paragraph 9.1 of the report should be 6%, not 4% as stated.  This further reduction would significantly compromise HLH’s ability to maintain services going forward.  Facilities would potentially have to close and concern was expressed that the Council’s budget consultation did not make that clear;
• reference was made to an Audit Scotland report which stated that Councils needed greater scrutiny over arms length organisations and the importance of scrutinising HLH’s annual budget statement was emphasised;
• for a budget of approximately £14m, HLH delivered some outstanding services.  In particular, thanks were expressed to the HLH Board and Chief Executive for their assistance in terms of supporting those local communities, which had no sporting facilities, to deliver programmes and helping to provide community sustainability;
• reference was made to the positive partnership with NHS Highland in terms of preventative work.  Falls prevention, in particular, had had a significant impact in terms of helping people to live independently and the take up by men had been very good.  There was huge potential and it was suggested that the possibility of further community-based preventative work be explored as NHS Highland’s Change and Improvement Plan was taken forward;
• the staff, equipment and programmes at HLH facilities such as Nairn Leisure were commended.  The business model worked and the membership fee represented great value for money; and
• in relation to the Duke of Edinburgh’s Award scheme, Nairn Academy now had capacity as a result of HLH targeting the Youth Development Officer, with the help of a part-time assistant, to take the lead at the school.

Thereafter, the Committee NOTED that:-

i.  a cross party group of Members together with two High Life Highland Directors would be meeting to review
    reporting arrangements;
ii. future High Life Highland reports would be twice per year and cover: reporting required by the Service
    Delivery Contract, which was derived from Working Together for the Highlands; and how HLH was
    supporting the delivery of the Single Outcome Agreement themes;
iii. that HLH libraries were first in Scotland for cost per attendance and visits per 1000 population; and
iv. the positive recognition of the High Life Leisure scheme by the Scottish Government Working Group on
    Sport.

13. Chief Social Work Officer Report 2013/14
       Aithisg Prìomh Oifigear Obair-shòisealta 2013/14

There had been circulated Report No ECAS/52/14 dated 3 November 2014 by the Director of Care and Learning which introduced the annual report for 2013/14 by the Chief Social Work Officer (CSWO).

The report explained that the overall objective of the CSWO role was to ensure the provision of effective professional advice to local authorities in the delivery of social work services.  In the lead agency model, this included advice to officers of NHS Highland.  The role should assist both agencies to understand the complexities of social work service delivery, including issues such as corporate parenting, child protection, adult protection and the management of high risk offenders, as well as the key part social work played in the achievement of national and local outcomes.  The CSWO also had a role in terms of overall performance improvement and the identification and management of corporate risk.

During discussion, Members referred to the innovative practice in Boleskine, on the southern side of Loch Ness, where a local community group had taken on the responsibility for scheduling care to suit the needs of individuals.  It was highlighted that the local community had come up with the solution and initiated the project and it was important to give them the credit.  In addition, Members welcomed the fact that three Mental Health Officer (MHO) trainees had successfully completed the MHO award in September 2014 and one candidate was currently undertaking the award.

Thereafter, the Committee NOTED the issues raised in the annual report.

14. Positive Relationships and Bullying Prevention Policy, Guidance and Toolkit
      Poileasaidh, Stiùireadh is Inneal airson Dàimhean Deimhinne agus Burraidheachd a Bhacadh

There had been circulated Report No ECAS/53/14 dated 3 November 2014 by the Director of Care and Learning which provided information on work undertaken to revise the anti-bullying policy and guidance for Highland schools and local research on homophobic bullying.

The Positive Relationships and Bullying Prevention Policy, Guidance and Toolkit had been developed by the Care and Learning Equalities Working Group and had undergone an extensive period of consultation which included teachers, parents, pupils, the Highland Youth Parliament, LGBT Youth Scotland, Stonewall Scotland and Respectme.  The report provided detailed information on bullying behaviours and levels of bullying in Highland Schools.  To address some of the issues identified in relation to homophobic bullying, it was recommended that the Council join Stonewall Scotland’s Education Champions programme which provided bespoke support and guidance to local authorities in tackling homophobia and homophobic bullying in schools.  The benefits of the programme were summarised and it was explained that funding for the membership fee of £1250 per year had been identified from within existing budgets.

During discussion, the following issues were raised:-

• the number of young people who said they had felt bullied in response to the 2013 Highland Lifestyle Survey was significantly higher than the number of formal reports.  It was important to raise awareness to ensure that young people felt comfortable coming forward and reporting bullying incidents;
• bullying often took place in unsupervised areas and it was essential to address the culture so that it became unacceptable;
• bullying could lead to issues such as self harm and depression as well as affecting mental health later in life and building resilience in schools was a preventative measure;
• it was important to understand the extent of bullying on social media sites such as Facebook and Twitter, which affected not only secondary but primary school pupils;
• it was essential that staff understood that homophobic language was not acceptable in the staff room;
• attitudes towards bullying had improved significantly in recent years;
• communication and trust with teachers were key and to be encouraged;
• reference was made to discussions at the recent Parent Council Conference and concern was expressed that the majority of parents who spoke about bullying did not feel it was given very serious attention in schools.  It was suggested that there was merit in carrying out a piece of work looking at how bullying was being dealt with in schools and how that was communicated to parents;
• peer pressure was not always negative and it was necessary to hold up examples of supportive peers;
• parents needed the tools to echo the policy at home and it was important to communicate with them to ensure a consistent approach and that they felt able to support their children in a positive way;
• reference was made to testimony from parents that some teachers felt they could not stand up and speak out about homophobic bullying.  It was essential to ensure that those who set the tone set the right tone and that future school leaders had the mechanisms in place to support those who they were there to support; and
• bullying was pernicious and destroyed young people’s futures.  It was essential that the policy was acted upon and that young people were heard and believed.

Thereafter, the Committee AGREED:-

i.  the introduction of the Positive Relationships and Bullying Prevention Policy, Guidance and Toolkit to all
    Highland schools;
ii.  that the Council sign up to participate in the Stonewall Education Champions Programme; and
iii. that a progress report be submitted to the Committee in November 2015.

15. Care and Learning Service Area Management Structure
       Structar Rianachd Sgìre Seirbheis a’ Chùraim agus an Ionnsachaidh

There had been circulated Report No ECAS/54/14 dated 3 November 2014 by the Director of Care and Learning which updated Members and sought agreement for an Area management structure for the Care and Learning Service.

The report explained that, whilst the Care and Learning Service had been formed in April 2014, it had been agreed that further time should be taken to consider and establish the necessary Area management arrangements to consolidate and progress the new integrated Service.  The proposed structure had been developed through discussion with managers and trade unions, based on a number of key principles as detailed in the report.  The new structure involved one less post than the current structure and, subject to job evaluation, it was envisaged that there would be an annual saving of approximately £0.075m.  An implementation plan would be developed in consultation with the HR Business Partner and trade unions and a programme of meetings would take place over the next few months to ensure that staff were fully informed.

The Committee AGREED the deletion of posts associated with the former Area management structures and the establishment of the posts in the proposed Area management structure for the Care and Learning Service as set out in the report.

16. Children and Young People (Scotland) Act 2014
       Achd na Cloinne agus nan Daoine Òga (Alba) 2014

Declarations of Interest: Ms J Douglas and Mr K Gowans declared non-financial interests in this item as Directors of High Life Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion.

There had been circulated Report No ECAS/55/14 dated 31 October 2014 by the Director of Care and Learning which explained that the Children and Young People (Scotland) Act 2014 would come in to being on 1 April 2015.  The report contained a summary of the Bill and some of its impacts for Highland Council and its partner services.

The report presented information on the various aspects of the Bill as follows:-

• Part 1 – Rights of Children
• Part 2 – Commissioner for Children and Young People in Scotland
• Part 3 – Children’s Services Planning
• Part 4 – Provision of Named Persons
• Part 5 – Child’s Plan
• Part 6 – Early Learning and Childcare
• Part 7 – Power to provide School Education for Pre-School Children
• Part 8 – Day Care and Out of School Care
• Part 9 – Corporate Parenting
• Part 10 – Aftercare
• Part 11 – Continuing Care
• Part 12 – Services in relation to Children at risk of becoming Looked After etc
• Part 13 – Support for Kinship Care
• Part 14 – Adoption Register
• Part 15 – School Closure Proposals
• Part 16 – Children’s Hearings
• Part 17 – Other Reforms
• Part 18 – General

During discussion, the following issues were raised:-

• the clear summary of the Bill was welcomed;
• modern-day lives and societies were very complex and families no longer consisted of mum, dad and 2.4 children;
• the direction of travel in relation to throughcare and aftercare was welcomed but it was important to be aware that there were financial implications;
• as stated in the report, Corporate Parenting applied equally to department heads, senior managers and Elected Members and clear strategic and political leadership was crucial in ensuring it was given the appropriate profile and priority;
• children and young people had rights and Elected Members were responsible for ensuring that those rights were honoured;
• in relation to resource implications, information was sought on when the level of funding from the Scottish Government would be known, what the funding gap would be and what impact that might have on future budgets;
• with regard to the proposed Children’s Champions’ Board, an assurance was sought that it would be cross-party.  In response, the Chairman confirmed that would be the case and that it would be as representative as possible; and
• continuing support was expressed in relation to the provision of Named Persons.  However, concern was expressed that this had been misrepresented by certain groups and the media.  Some parents were concerned about interference and questions had been raised regarding home schooling and whether refusing to have a Named Person would be breaking the law.

Thereafter, the Committee:-

i. NOTED the issues raised in the report; and
ii. AGREED to endorse the establishment of a Children’s Champion’s Board.

17. Free School Meals P1-3 Update
       Fios às Ùr mu Bhiadh-sgoile An-asgaidh do P1-3

Declarations of Interest:

Mr A Christie declared a non-financial interest in this item as his daughter was eligible for school meals but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

Mr K Gowans declared a non-financial interest in this item as his daughter currently attended Bun-sgoil Ghàidhlig Inbhir Nis but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

There had been circulated Report No ECAS/56/14 dated 31 October 2014 by the Director of Care and Learning which provided an update on progress with the implementation of free school meals for Primary 1 to 3 pupils, effective from January 2015.

The report explained that good progress had been made since the previous report to Committee on 28 August 2014.  The site by site options assessment and feasibility had concluded in all but 17 schools and, as a result, the implementation arrangements for the majority had been agreed at a local level with Head Teachers and catering staff.  Appendix 1 of the report provided information on the arrangements that would be put in place by January 2015 in the 35 schools where some changes in delivery were required.  As highlighted previously, due to practical and financial constraints, the Council had 11 schools with no school meals provision and these were detailed in Appendix 2.  It was intended that the existing arrangements, whereby parents were paid in lieu, would continue in those schools.

Having emphasised the importance of local sourcing in terms of Climate Change/Carbon Clever implications, the Committee NOTED progress in relation to the implementation of free school meals for Primary 1 to 3 pupils from January 2015.