Committee Report: Appendix 1 - Wigan Council Pupil Referral Units Management Committee - Terms of Reference

Composition

1. The Management Committee of the Pupil Referral Units shall consist of:

three Headteachers, one Primary, one Secondary and one Special each nominated through the Headteacher representative groups;
the Lead Managers of both the Key Stage 3 and 4 and the Key Stage 2 Pupil Referral Units;
three members of staff:
- one teaching member of staff nominated from and elected by all the staff of both the Key Stage 3 and 4 and the Key Stage 2 Pupil Referral Units;
- one support member of staff nominated from and elected by all the staff of both the Key Stage 3 and 4 and the Key Stage 2 Pupil Referral Units;
- the third representative can be either a teaching or support member nominated from and elected by all the staff of both the Key Stage 3 and 4 and the Key Stage 2 Pupil Referral Units;
three Elected Members;
a representative from Connexions;
a representative from Social Care;
a representative from the Youth Offending Team;
two parent of pupils currently or previously attending the Units.
the Headteachers of each of the host sites for the Key Stage 2 Pupil Referral Units;
a Governor representative from each of the host sites for the Key Stage 2 Pupil Referral Unit;
two members co-opted by the Committee from the local community and other service providers, including health services.

2. The Strategy Manager for Behaviour Support or Head of Service and the Link Adviser for the Pupil Referral Units to be in attendance in an advisory capacity as required.

3. Each member of the Committee will serve for a three-year term of office. On

expiry of their term of office a member of the Committee may be re-appointed or re-elected.

4. Where any member of the Committee ceases to hold the relevant office or position of employment, by virtue of which they are members of the Committee, they shall cease to be members of the Committee.

Resignations

5. Members of the Committee may resign at any time during their period of office, by notifying the Clerk to the Committee.

Removal from Office

6. The Director of Children and Young People’s Services, reserves the right to remove a member of the Committee from office for any of the following reasons:

non-attendance at meetings of the Committee without the consent of the Committee for a continuous period of six months;
where a person is a bankrupt;
where a person has made a composition or arrangement with, or granted a trust deed for his/her creditors and has not been discharged in respect of it;
is subject to a disqualification order under the Company Directors Disqualification Act 1986 or to an order made under Section 429(2)(b) of the Insolvency Act 1986;
has been removed from office as a Charity Trustee by an order made by the Charity Commissioners or High Court on the grounds of misconduct or mismanagement;
if he/she is at any time included in the list of teachers and workers prohibited or restricted from working with children or young people;
are disqualified from working with children;
has been sentenced to three months or more in prison (without the option of a fine) in the five years prior to their appointment or election (whether suspended or not)
has received a prison sentence of two and a half years or more in the 20 years immediately preceding the date of their appointment or election;
has had passed on them a sentence of imprisonment for a period of not less than five years;
has been fined for causing a nuisance or disturbance on school premises during the five years prior to their election/appointment;
if at any time the individual concerned has been detained under the Mental Health Act 1983;
if he/she has been convicted of a sexual offence or found guilty of any offence against young people or children;
refuses to undertake any required application to the Criminal Records Bureau for a criminal records certificate or undertake a list 99 check;
is subject to any further disqualification criteria as identified in the School Governance (Constitution) England Regulations 2003.

Meetings

7. The Committee shall meet three times in each academic year, once in each term.

8. It may meet more frequently if deemed necessary by a majority of the Committee or if an extraordinary meeting is called by the Chair of the Committee or by the Director of Children and Young People’s Services.

Chairperson of the Committee

9. At its first meeting of the academic year the Committee will elect by ballot one

of its members to be Chairperson of the Committee. The Chairperson will be elected to serve for a term of one year and can be re-elected. Persons employed at the Units will not be eligible to serve as Chairperson of the Committee.

10. Nominations for the position of Chairperson are to be submitted to the Clerk of the Committee at least 15 working days before the date of the first meeting of the academic year.

11. The Chairperson of the Committee will cease to hold office if he/she:

ceases to be a member of the Management Committee;
is employed to work at the Units;
or is removed from office by the Director of Children and Young People’s Services;

12. Where the Chairperson is absent from a meeting the Committee shall elect one of its number, who is not employed at the Units, to act as Chairperson for the purpose of conducting the business of that meeting only.

13. Where the position of Chairperson becomes vacant during a year of office, one of the members of the Committee, who is not employed at the units, may hold the position of Chairperson for the remainder of that term of office.

Clerk

14. The Committee shall secure the services of a Clerk, who shall not be a member of the Committee.

Conduct of the Meetings

15. The Clerk shall convene the meetings of the Committee.

16. Each member of the Committee and the Department’s Governor Services Section must be given seven clear days written notification, before the date of the meeting, with a copy of the agenda and any background papers or information to be considered during the meeting.

17. Each meeting will deal with items put on the agenda for the meeting in advance by the Director of Children and Young People’s Services, the Lead Manager of the Pupil Referral Units and members of the Committee. Items for inclusion on the agenda are to be submitted to the Clerk to the Committee at least 10 days in advance of the meeting.

18. The proceedings of a meeting shall not be invalidated by reason of any individual not receiving the written notification of the meeting or the related background papers.

19. The proceeding of the Committee shall not be invalidated by any vacancy in its number or by any defect in the appointment or qualification of any Committee member.

20. The quorum for meetings is to be six.

21. Where a decision is required of the Committee, this shall be determined at a meeting of that Committee and by a majority decision of those members present and voting on the issue. Where there is an equal division of votes the Chairperson, or the person acting as Chairperson for the purpose of that meeting shall have a second or casting vote.

Minutes of Meetings

22. All meetings of the Management Committee are to be minuted. The minutes are to be prepared and kept by the Clerk and signed subject to the approval of the Committee at the same or next subsequent meeting by the person acting as Chairperson.

23. Copies of the minutes of all meetings are to be forwarded to the Children and Young People’s Services, Governor Services Section.

24. The agenda for every meeting of the Committee, the draft minutes, signed minutes and any report or document to be considered by the Committee is to be made available for inspection by the public.

25. Excluded from the published papers shall be any information relating to:

a named employee at the Pupil Referral Units;
a pupil/student who has attended the Pupil Referral Units;
any matter by reason of its nature the Committee is satisfied should remain confidential.

Conduct of the Pupil Referral Units

26. The Local Authority shall determine the nature and function of the Pupil Referral Units and their place within the Authority’s educational provision. The conduct of the Pupil Referral Units will be under the direction of the Authority, subject to any provision made to confer specific functions on the Committee, to support and oversee the work of the Units.

27. The Local Authority will determine the admission arrangements to the Pupil Referral Units after consultation with the Management Committee. These consultations to be undertaken on an annual basis.

28. The Lead Manager for each Pupil Referral Unit will be responsible for the internal organisation and management of the unit and for exercising supervision over the teaching and non-teaching staff.

29. The Lead Managers will ensure that the units will make an economic and effective use of resources and the Authority reserves the right to direct the Lead Managers to specify how this will be achieved.

30. The Management Committee shall ensure that the Lead Managers prepare and implement an Improvement/Development Plan in line with the CYPS guidance to maintained schools.

31. The Management Committee will receive termly written reports on the work of the Units from the Lead Managers, which shall be circulated in advance of the meeting with the agenda papers.

32. The Management Committee will receive reports from the Local Authority and from Ofsted. On receipt of these reports the Management Committee should find ways of supporting and promoting the work of the Pupil Referral Units and may recommend actions and provide advice to the Local Authority in order to assist it in carrying out its duties.

33. Members of the Committee shall withdraw from the proceedings of the Committee in the following circumstances:

Personal and Prejudicial Interest

Where a member of the Committee has either directly or indirectly a personal or prejudicial interest in any matter, which is the subject of discussion or consideration that member shall declare such interest and if prejudicial shall take no further part in the discussion or decision therein.

Appointment of Staff

where the matter under consideration is the appointment of his/her successor;

Pay or Appraisal of Persons Working at the Centres

where the subject for discussion is the pay or performance appraisal of a particular person employed at the Units, all persons employed to work at the Units other than the Heads of the Units should withdraw;
where the subject for discussion is the pay and performance appraisal of the Heads of the Units all persons employed to work at the Units including the Heads of the Units shall withdraw and not participate in the discussion or vote upon the matter.

34. Members of the Committee employed at the Centre shall not be required to withdraw from the proceedings of the Committee:

when their interest in the contract or matter under discussion is no greater than that of the generality of individuals employed at the Units;
relates to the curriculum delivered through the Units.

The Curriculum

35. The Management Committee shall ensure the curriculum meets the requirements as set out in current DfES Guidance “Pupil Referral Units and Alternative Provision” for each of the Pupil Referral Units.

36. It is the duty of the Lead Managers of the Pupil Referral Units to prepare a Curriculum Policy Statement for approval by the Committee, outlining the Units approach to:

supporting a broad and balanced school curriculum, as appropriate to each key stage;
promoting pupils’ spiritual, cultural, moral, mental and physical development;
supporting the delivery of Personal, Social and Health Education and Citizenship programmes;
ensuring statutory and local requirements and guidance in respect of inclusion and equality of access and opportunity are met.

Pupils

37. The Lead Managers of the Pupil Referral Units will prepare a policy statement on inclusion, special educational needs and the re-integration of young people to meet their individual needs.

38. The Management Committee shall make arrangements to ensure that all the staff of the Pupil Referral Units are aware of the needs of the pupils who are educated there and that the units properly meet those needs.

39. The Lead Managers will determine and make known in the Pupil Referral Units measures to encourage self-discipline, respect for others and responsible attitudes toward authority.

40. The Lead Managers will ensure that the appropriate arrangements, in respect of child protection issues, are in place and are implemented in each of the Pupil Referral Units.

41. The Lead Managers will ensure the implementation of polices, procedures and advice in respect of Health and Safety issued by the Council, Local Authority and other appropriate bodies are carried out by in each of the Pupil Referral Units.

42. The Lead Managers of the Pupil Referral Units shall maintain records about pupils attending the units and ensure that relevant information is passed on to those schools where the pupils are registered.

43. The Management Committee and the Local Authority shall be informed of all instances of fixed term exclusions from the Pupil Referral Units and of all instances where pupils have had arrangements made for them to be educated away from the units because of disciplinary reasons. The power to exclude remains with the Lead Managers of the Units. Parents may make written and oral representations about exclusions in accordance with the Statutory Guidance on pupil exclusions as it applies to Pupil Referral Units.

44. Pupils’ dual registered between a school and the Pupil Referral Units may be returned earlier than planned to the school if the placement is proving ineffective. This should only happen after a formal review has been held. A Pupil Referral Unit is not deemed to be a school at which parents can express a preference for placement. Placements are made in consultation with schools or as one of a number of ways in which the Local Authority discharges its duty to provide education otherwise for children out of school. The form of education otherwise provided by the Local Authority is to be determined by the Local Authority.

45. The Lead Managers of the Pupil Referral Units shall promote regular attendance at the units and will notify the Local Authority of unauthorised absences. Registers will be maintained and will be available for inspection.

Staffing and Personnel Matters

46. In consultation with the Committee the Local Authority shall determine the staffing establishment for the Units.

47. The appointment of the Lead Managers of the Pupil Referral Units shall be undertaken by the Local Authority. The appointment panels shall comprise of appropriate Local Authority Officers as identified by the Director of Children and Young People’s Services (including the Strategy Manager for Behaviour Support or Head of Service) supported by two members of the Management Committee.

48. The appointment of permanent teaching staff and instructors shall be undertaken by the Lead Managers of the Pupil Referral Units, the Strategy Manager for Behaviour Support or Head of Service and any other appropriate Local Authority Officers as identified by the Director of Children and Young People’s Services.

49. The appointment of other members of staff shall be undertaken by the Lead Managers of the Pupil Referral Units in consultation with an appropriate Local Authority Officer.

50. The Management Committee shall comply with the appropriate Local Authority policies and procedures, in respect of all staff management and personnel matters.

51. The Strategy Manager for Behaviour Support or appropriate Local Authority Officer as identified by the Director of Children and Young People’s Services shall undertake the Performance Management of the Lead Managers of the Pupil Referral Units.

52. The Performance Management/Staff Development Reviews of all other staff employed at the Centres shall be the responsibility of the Lead Managers of the Pupil Referral Units.

53. The Management Committee shall ensure that the Lead Managers in Charge of the Pupil Referral Units prepare a Staff Development Plan, which reflects the Children and Young People’s Services annual planning cycle.

Centre Premises

54. In consultation with the Committee the Local Authority shall be responsible for ensuring that the Pupil Referral Units are well maintained and that activities delivered through the units comply with health and safety requirements.

55. In consultation with the Committee the Local Authority will determine the use of the building, the health and safety requirements and the times it is open.

Financial Arrangements

56. Each financial year the Local Authority shall determine the budget for the Units. The budgets for the Units are to be held centrally by the Local Authority and not delegated.

57. Financial powers are delegated to the Lead Managers of the Pupil Referral Units, at the discretion of the Director of Children and Young People’s Services.

58. The Management Committee shall ensure compliance with the Council’s Standing Orders and Financial Regulations, in respect of all financial matters.

59. The Management Committee shall ensure the principles of Best Value are applied in respect of the purchasing of goods and services by the Pupil Referral Units and that an appropriate procedure is in place for the securing of value for money.

60. The Management Committee shall be consulted, by the Local Authority, on the formulation and review of any charging policy for pupils attending the Pupil Referral Units.

61. The Lead Managers of the Pupil Referral Units will, in consultation with the Management Committee, prepare an annual budget.

62. The Lead Managers of the Pupil Referral Units will present a termly Budget Monitoring Report detailing and explaining the reasons for any positive or adverse variances and recommending a corrective course of action.

63. he Management Committee shall, from time to time, provide such reports as are requested by the Director of Children and Young People’s Services. These reports will be in the form of advice to the Authority.

Other Matters

64. I all other matters, the Local Authority shall assume responsibility and liability.

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