Department for Children, Schools and Families
 
 

Proposals for action

c) New ways of discharging responsibilities in partnership

The third proposal is to look at new ways of planning and carrying out the core responsibilities of the Authority which work across existing boundaries. The boundaries may be within the Local Education Authority but between different departments; between one Education Authority and another; or between the Education Authority and alternative public, voluntary or private sector providers of services. A number of cross-border models are already operating where new unitary authorities have been established from one larger Authority, but still combine to offer a full range of services. But the principles can be equally effective in other areas.

As indicated in Part 1 of the paper, a number of Authorities have successfully piloted regional collaboration projects focused on catering for pupils with special educational needs, particularly low incidence needs; and all Authorities in England are now part of a regional collaboration project of this kind. It is not possible for a competitive market to provide for all essential needs in areas of scarce specialism or minority requirements, or for accessible services across great distances. Collaboration has therefore been widely welcomed. For some time, too, Authorities have been working with non-maintained special schools and with charitable organisations such as SCOPE, RNID and RNIB to secure specific provision for children with special educational needs. Other good examples of cross-boundary working are the Early Years Development and Childcare Partnerships; and Education Authority involvement in the planning and delivery of the Quality Protects programme for especially vulnerable children, particularly those in care.
Sharing the delivery of services with public, private and voluntary sector partners is less well advanced than inter-Authority collaboration. New models have also been tried in interventions, but the Government recognises that this is the most difficult territory in which to introduce radical change. For this reason the Department has recently invited bids for developing pilot projects designed to test out new models of delivery of Local Education Authority services. The interest generated shows that this has encouraged the best Authorities to engage in new thinking about their role in providing services. Most of the new models are expected to involve some private sector partnership, but the Department is encouraging models which work across Education Authority boundaries, cut across local departmental boundaries, and bring together new partnerships for more effective delivery. This is very much in line with Best Value principles.
A number of Authorities have made clear that the involvement of other partners is made much more difficult by the current rules which do not allow the Local Education Authority to contract with any other body, whether public, private or voluntary, to deliver a service which requires the exercise of discretion in individual cases – even if that discretion can only be exercised within clearly defined Local Authority policies. Such contracting is possible under a DfEE direction, but only where the current service is inadequate. In any other individual case a Statutory Order must be made requiring debate in both Houses of Parliament.
The Government would be happy to give Local Education Authorities greater freedom in this respect by making a general Order which would allow them to contract with another body to discharge any of their functions apart from key strategic functions in the areas of planning the supply of school and pre-school places, school organisation plans, admissions and budget setting. The Order would be an enabling measure and would not impose any new obligations on Authorities to consider contracting out, beyond the general duties under Best Value to ensure their services are competitive. The Government plans to consult on a detailed Order later in the autumn.

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