2018/19 Scheme of Delegation - proceduresonline.com...Scheme of Delegation 6 2018-19 period for...

Authorising Officer: Catherine Driscoll Director of Children, Families and Communities

Signature:

Date of original issue:

3 April 2018

Date of this version: 3 April 2018

Date for review:

April 2019

Version Version 1.5

Date 3 April 2018

Owner Director of Children Families and Communities

2018/19 Scheme of Delegation

2 Children, Families and Communities Directorate Scheme of Delegation

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Contents 1. Introduction ................................................................................................................................................................................................ 4

2. Budget Responsibility

2.1–2.5 List of budget holders .................................................................................................................................................................................... 5

2.6 Budget holders' responsibilities ..................................................................................................................................................................... 8

2.7 Budget holders' rights .................................................................................................................................................................................... 9

2.8 Grant Settlements ........................................................................................................................................................................................ 10

3. Human Resources

3.1 Recruitment.................................................................................................................................................................................................... 11

3.2 Progression ..................................................................................................................................................................................................... 12

3.3 Leave .............................................................................................................................................................................................................. 12

3.4 Payments to Staff .......................................................................................................................................................................................... 12

3.5 Staff Conduct and Performance .................................................................................................................................................................... 13

3.6 Ill health .......................................................................................................................................................................................................... 14

3.7 Supervision and Staff Review and Development ........................................................................................................................................... 14

4. Contracting

4.1 Contracting and purchasing of commissioned services including early help, social care and learning and achievement ............................ 15

4.2 Contracting and purchasing of goods and other services .............................................................................................................................. 16

4.3 Professional Services including Consultants and use of APPS Forms ........................................................................................................... 17

4.4 Signing off of Corporate and Government returns of data…………………………………………………………………………………….………………………………. 17 5. Buildings and equipment ….………………………………………………………………………………………………………………………………………………………………………………. 18 6. Financial Management

6.1 Virement and journals ................................................................................................................................................................................... 19

6.2 Financial Administration ................................................................................................................................................................................ 19


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7. Assessment, Care Planning and Service Provision – Safeguarding and Social Care Services to Children and Young People

7.1 Preventative services ..................................................................................................................................................................................... 21

7.2 Child protection .............................................................................................................................................................................................. 22

7.3 Court orders and proceedings ........................................................................................................................................................................ 22

7.4 Looked after children .................................................................................................................................................................................... 23

7.5 Residential care .............................................................................................................................................................................................. 24

7.6 Foster care ...................................................................................................................................................................................................... 25

7.7 Adoption ......................................................................................................................................................................................................... 26

7.8 Looked After Children – General ................................................................................................................................................................... 26

8. Education and Skills

8.1 School organisations and admissions............................................................................................................................................................. 28

8.2 Performance and achievement ...................................................................................................................................................................... 29

8.3 Vulnerable Children ........................................................................................................................................................................................ 29

8.4 Governing bodies ........................................................................................................................................................................................... 32

8.5 School Human Resources ............................................................................................................................................................................... 33

8.6 Funding and budgets ...................................................................................................................................................................................... 34

8.7 Special educational needs .............................................................................................................................................................................. 34

8.8 14-19 year olds ............................................................................................................................................................................................... 34

8.9 Miscellaneous ................................................................................................................................................................................................. 35


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1. INTRODUCTION The purpose of the scheme of delegation is to provide managers with a clear statement outlining who has the authority and responsibility to take officer decisions within the Department. This is an important legal document delegating executive powers given to the Director. The principle is that delegation will be to the lowest level possible, consistent with safe management of the Department’s services, the protection of staff and the effective management of resources.

If there is a conflict between the decision making levels specified in this Scheme and any other departmental policy/procedure, then this Scheme will take priority. Other policies will be revised to reflect these changes. Proposed amendments to this document must be directed to the Head of Finance (Strategic Infrastructure Finance and Financial Recovery), who will inform and discuss with the CFC Senior Leadership team and Director of CFC. The most up to date version is available on the staff intranet "Our Space". This scheme will be reviewed and revised on a regular basis and therefore is a dynamic document which may be changed in line with alterations in contractual obligations or operational service delivery.

In the absence of a manager at the specified level, delegation goes either upwards or across, e.g. if a decision is delegated to a Team Manager and the Team Manager is not available, the decision must be referred either to the Group Manager or a colleague Team Manager. Management teams will need to agree arrangements for ‘sideways’ cover between colleagues. Managers of officers who have been given the delegation are also assumed to have the same delegations.

Care has been taken to minimise the occasions when spending decisions are delegated to a level below the budget holder. Where this does occur, it is important to emphasise that the budget holder remains responsible for the overall management of the budget and for taking corrective action that may be necessary to achieve the budget target.

This document seeks to outline the rights and responsibilities of individuals within the organisation and where activities are now covered in external contracts who the liaison officer within WCC is. It covers operational, human resources and financial delegations. Officers must implement and act within the approved policies, plans, practices and procedures of the Council. The power to adopt new policy or significantly vary existing policies rests with Councillors. Officers are reminded to maintain close liaison with the Director on any sensitive or contentious issues.

Please note throughout this document, the following terms have been referenced for delegated responsibility.

Director of CFC – Refers to Director of Children, Families and Communities

CFCSLT – Refers to members of the Children, Families and Communities Senior Leadership Team.

CFCELT – Refers to all managers who report to a member of CFCSLT.

Head of Service or Assistant Director (AD) – refers to Chief Officer posts reporting to a member of the Strategic Leadership team i.e. Head of Service, and Assistant Director

Head of Finance – either Head of Financial Management or Head of Strategic Infrastructure Finance and Financial Recovery

Group Manager – refers to a level 2 manager reporting to a member of CFCLT e.g. Group Manager, Strategic Manager, Lead Commissioner, Operational manager


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2. BUDGET RESPONSIBILITY

(this list may not be exhaustive and is subject to change and review, it must be noted that if you hold budgetary responsibility then you will still be subject to section 2.4 Budget Holders Responsibility).

The Director of CFC has overall strategic responsibility for all budgets within Children, Families and Communities and ensuring ADs manage their budgets within terms set out below

2.1 Social Care List of budget holders

2.1.1

Assistant Director – Children's Social Work Services

Overall strategic responsibility for all budgets within Children's Social Care –, including Safeguarding and Quality Assurance, Provider Services including placements and WSCB

Ensuring Group Managers manage their budgets within terms set out below

2.1.2 Group Managers Responsibility for budget modelling and setting, expenditure and

monitoring within specific service areas

Placements and resources for children - Subject to approval to place being given by Placement and Resources Panel GMs have accountability to commit expenditure - excluding agency placements which needs AD sign off unless they are like for like agency placements (within framework costs) or those that are stepped down

Staffing budgets and any other support services and overhead costs within their delegated budgets for example premises costs, training and development costs, travel allowances etc

Overall accountability for Section 17 and Section 20 budgets

Ensuring Team Managers manage their budgets within terms set out below

2.1.3

Team Managers and Registered Managers

Staffing budgets and any other support services and overhead costs within their delegated budgets for example premises costs, training and development costs, travel allowances etc

Committing expenditure up to £2,000 per child per 12 month rolling


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period for Section 17 and Section 20 budgets 2.2 Education and Skills List of Budget Holders

2.2.1

Assistant Director – Education and Skills

Overall responsibility for budgets within Education and Skills


2.2.2 Group Managers, Lead Commissioner and Business Investment and Skills Manager

Responsibility for budget setting, monitoring, forecasting and control within specific service areas both in-house and through contract monitoring : place planning and accommodation, inclusion and assessment, vulnerable children and business, investment and skills,

2.3.3 Service Manager – Funding and Policy Schools forum budgets

DSG Central Budgets for School Specific Contingency, Pupil Growth Fund and Falling Rolls Fund

2.3 Early Help and Commissioning

2.3.1 Assistant Director Overarching strategic responsibility for budgets within the Early

Help and Commissioning


2.3.2 Strategic / Group / Service Managers and Lead

Commissioners (Level 2), Responsibility for budget modelling and setting as well as

expenditure within budgetary parameters within specific service areas both in-house and through contract monitoring (Lead commissioning responsibilities for CCG budgets are outside of this scheme of delegations)

2.3.3 Team Manager / Team Leader / Team Co-ordinator

Support and advise Strategic/Group/Service Managers in on-going monitoring of budget. Direct budget management for individual delivery teams e.g. SENDIAAS, Early Intervention Family Support


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2.4 Families, Communities and Partnerships

2.4.1 Assistant Director Overarching strategic responsibility for budgets within the

Families, Communities and Partnerships


2.4.2 Strategic / Group / Service Managers and Lead

Commissioners (Level 2), Responsibility for budget modelling and setting as well as

expenditure within budgetary parameters within specific service areas both in-house and through contract monitoring

2.4.3 Team Manager / Team Leader / Team Co-ordinator

Support and advise Strategic/Group/Service Managers in on-going monitoring of budget. Direct budget management for individual teams e.g. Library Managers, Libraries Service Support Manager, Road Safety Team Leader, AONB Manager

2.5 Finance and Resources

2.5.1 Head of Financial Management Strategic responsibility budgets within the finance service and the

overall DSG budget allocations

Financial oversight of all budgets within CFC to ensure budgets are aligned with service plans and outcomes for the directorate

2.5.2 Head of Strategic Infrastructure Finance and Financial

Recovery Strategic responsibility for budgets within Leadership Team, business,

admin and development services and financial oversight of financial recovery within Children's Social Care

2.5.3 Finance Manager – Children, Families and Communities

Overarching responsibility for advice to CFCSLT regarding on-going monitoring of budgets, challenge and business change from a financial perspective.

Staffing and supplies and services budgets within schools finance team including those finance services which are sold to schools

2.5.4 Principal Accountants Support and advice to ADs and group managers regarding on-going


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2.5.5 2.5.6

Operational Manager – Business Development Team Manager – Business Administration

monitoring of budgets.

Staffing and supplies and services budgets within Business Development team including the relevant PFI budget

Staffing and supplies and services budgets within the central admin teams budgets

2.6 Children's Services Human Resources Staff

2.6.1 Human Resources Business Partner Redundancy Payments, severance payments, early retirement and

release of accrued pension benefits to staff (Schools and Central)

Facility Time Overarching responsibility for on-going monitoring of budgets, budget

modelling and setting as well as expenditure for the following DSG de-delegated budgets agreed by Worcestershire Schools Forum for: - Trade Union Duties and Activities – Facility Time - Civic, Social and Professional Duties – special leave - Supply Cover – suspended employees

Overarching responsibility for on-going monitoring of budgets, budget modelling and setting as well as expenditure for following: - Redundancy payments – schools and central - Trade Union Facility Time Agreement – Academy Schools

Responsible for administering Central Funding Support Scheme Arrangements with maintained schools under the scheme of delegation


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2.7

Budget Holders’ Responsibilities

2.7.1

Budgets are cash limited. No budget holders are allowed to overspend without the approval of the Director or a Head of Service. Any requests for additional resources should be in the form of a reasoned business case which demonstrates all other funding opportunities considered.

2.7.2 Budget holders must ensure that they provide the planned levels of service, without overspending the budget.

2.7.3 On a regular basis, at least quarterly and preferably monthly, budget holders must forecast expenditure and income to the end of the financial year, and using the forecasting and monitoring system provided, supported by CFC Finance. The budget holder must advise their line manager and supporting Principal Accountant of any expected overspend and their planned corrective action.

2.7.4 Budget holders are responsible for identifying potential underspends and reporting them to their line manager and CFC Finance.

2.7.5 Budget holders are responsible for preparing detailed estimates of planned spending and income for the year ahead as part of the budget setting process. The budget holder must inform their line manager and CFC Finance of decisions made that affect the commitments of future years.

2.7.6 When purchasing goods and services:

Budget holders are responsible for ensuring value for money

Budget holders must ensure that they have enough money in their budget before authorising purchase orders or contracts.

Budget holders must refer to Section 4 ‘Contracting’.

2.7.7 Budget holders are responsible for ensuring that all income due is actually recovered.

2.7.8 Budget holders must ensure that their expenditure and income is correctly entered in the corporate financial information system.

2.7.9 Budget holders are responsible for ensuring that all payments to employees and services providers and income contributions are at the correct rate or price.

2.7.10 Budget holders, supported by their nominated Accountancy Officer, must ensure that expenditure and income is charged/credited to the appropriate financial year.

2.7.11 Budget holders must adhere to the Financial Regulations and Standing Orders and follow the Authority’s Financial, Contracting, Procurement and Commissioning procedures as appropriate, and in particular Appendices 7 and 8 of the constitution. http://www.worcestershire.gov.uk/downloads/download/57/worcestershire_councty_councils_constitution

http://www.worcestershire.gov.uk/downloads/download/57/worcestershire_councty_councils_constitution


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2.8 Budget holders’ rights

2.8.1

Budget holders (and their line managers) should have access to the Directorate budget book and in addition they should have a copy of or access to the Authority’s Financial Regulations, Standing Orders and Financial Procedures (see 2.6.11 for link).

2.8.2 Budget holders have the right to the support of a CFC Finance Contact. In addition to regular contact, the minimum expectation is a quarterly budget meeting to review spend to date and forecast expenditure and income to the end of the financial year.

2.8.3 Budget holders will have access to up to date and accurate budget monitoring information.

2.8.4 No one has the right to change a budget without first discussing it with the budget holder, except with the authorisation of the relevant Head of Service, in which case budget holders will be advised of the virement and the reason for it. Budget holders must refer to Section 6.1 ‘Virement’.

2.8.5 No one can charge expenditure or credit income to a budget without discussing it with the budget holder first.

2.8.6 Budget holders have the right to be part of the budget setting process and be accountable for their budget allocation for the new financial year.

2.8.7 Budget holders have the right to be trained as appropriate in order to meet their responsibilities.

2.9 Grant settlements

2.9.1

The allocation and approval for the use of non-ringfenced grants, both revenue and capital, following approval by Cabinet to delegate its use to CFC, will be made by CFC Senior Leadership Team rather than being allocated by an individual CFCSLT member. The allocation of ring-fenced grants will be in accordance with the grant determination letter and expected use of this grant will also be reported to CFCSLT.


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3 HUMAN RESOURCES

NB Guidance for Managers on HR matters is available on the staff intranet within the Staff Handbook at the following link https://worcestershirecc.sharepoint.com/staffhandbook

REF ITEM DELEGATION NOTE

3.1 Recruitment

3.1.1 Decision to recruit and to advertise a permanent vacant post Assistant Director to sign approval form, following approval by Director of CFC

With reference to Recruitment Policy and relevant approval forms being completed.

3.1.2 Authorisation for use of agency staff Assistant Director to sign approval form, and any extension approval form, following approval by Director of CFC

Approval to fill vacancy or alter establishment form to be completed as per 3.1.1 then matrix approval can be delegated to a member of CFCELT

3.1.3 Approval of job, and person specification for existing posts Line Manager In consultation relevant budget holder and Directorate HR and where appropriate consideration by Corporate Grading Panel

3.1.4 Decision on grading of new posts and re-grading of current posts

Grading Panel Proposed job description, person specification and organisation chart submitted by Line Manager to Job Analyst for grading

3.1.5 Shortlisting Appointing Officer Appointing Officer will be the Chair of the Interview Panel and normally will be the Line Manager

3.1.6 Assessment of candidates at ‘preliminary interview’ (children’s residential services only)

Nominated Trainer, Assessors Appointing Officer

With use of Recruitment Assessment Centre's as relevant.

3.1.7 Decision to recommend for appointment Appointing Officer Subject to Interview Panel decision

3.1.8 Approval of written references Appointing Officer By signing Reference Sign off form and returning to CRT

3.1.9 Decision on whether to proceed with appointment where a DBS has shown up a criminal conviction or when applicant discloses a criminal conviction

Appointing Officer undertakes a risk assessment. This is submitted to relevant AD/HoS or Director for approval according to severity of disclosure

Advice from HR team. Pre-DBS Risk Assessment form returned to CRT

https://worcestershirecc.sharepoint.com/staffhandbook


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3.1.10 Decision to appoint prior to WCC police check being received (where confirmation of previous DBS by another Authority has been undertaken)

Appointing Officer undertakes a risk assessment. This is submitted to relevant AD/HoS or Director of CFC for approval according to severity of disclosure

In conjunction with Appointing Officer to complete Risk Assessment form to be authorised by a member of CFCSLT before forwarding to CRT. Advice from Directorate HR team

3.1.11 Authorisation of interview expenses Authorised Appointing Officer In line with Recruitment Policy

3.1.12 Authorisation of relocation expenses A member of CFCSLT In line with Relocation Policy

3.1.13 Changes to an establishment A member of CFCSLT In liaison with HR and Finance

3.1.14 Variations to nationally and locally agreed pay and conditions of service

Head of HR + OD (COaCH ) Following trade union consultation

3.2 Progression

3.2.1 Increment to Social Workers in ASYE for undertaking statutory visits

Group Manager Satisfactory appraisal and recommendation by Team Manager

3.2.2 Social Worker Progression

Group Manager Satisfactory appraisal and recommendation by Team Manager

3.3 Leave

3.3.1 Authorisation of annual leave Line Manager Within Mercury HR System

3.3.2 Authorisation of time off in lieu/flexi time Line Manager In line with Annual Leave Policy

3.3.3 Authorisation to carry over more than 5 days annual leave Member of CFCSLT or CFCELT According to Annual Leave Policy

3.3.4 Authorisation of unpaid leave

Line Manager Maximum 5 days when annual leave entitlement exhausted. Special leave Policy. Advice from Directorate HR team

3.3.5 Authorisation of paid special leave

Line Manager According to Family, Personal and Compassionate Leave guidelines. Special leave Policy. Advice from Directorate HR team

3.3.6 Authorisation of adoption leave Line Manager Consult with HR Adoption policy

3.3.7 Authorisation of leave with pay (public duties, examination leave, etc)

Line Manager Consult with HR Special leave Policy

3.4 Payments to Staff

3.4.1 Authorisation of additional hours claim form Line Manager Authorised Signatory

Approval to fill or alter establishment form required

3.4.2 Agreement to additional increments and honoraria

A member of CFCSLT In Liaison with Directorate HR and HR Policy


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3.4.3 Authorisation of expenses claims Line Manager Authorised Signatory

3.4.4 Authorisation of standby payments Line Manager Authorised Signatory

3.4.5 Authorisation of sessional claim forms Line Manager Authorised Signatory

3.4.7 Authorisation of car loans / lease application A member of CFCSLT

3.4.8 Decision to make an ex gratia payment A member of CFCSLT Following consultation with HR regarding basis of calculating amount

3.5 Staff Conduct and Performance

3.5.1 Agreement to staff undertaking additional employment

Written permission of a member of CFCSLT, if above SCP 29 - Director approval

Via Line Manager – refer to HR Guidance Code of Conduct and advice from Directorate HR team

3.5.2 Consideration of convictions/cautions/bind-over's incurred by existing staff

Group Manager In consultation with Directorate HR team taking into account severity of offence.

3.5.3 Decision to suspend an employee Line Manager but ratified by AD/ Head of Service

In consultation with HR refer to HR Guidance at link and annexes 2 managers must be present and 1 can be HR rep

3.5.4 Conduct a disciplinary investigation for misconduct Investigation Officer appointed by Group Manager or member of CFCSLT of appropriate area / level

In consultation with HR refer to HR Guidance at link and annexes

3.5.5 Conduct a disciplinary investigation for possible gross misconduct (possibly leading to dismissal)

Investigation Officer appointed by Group Manager or member of CFCELT of appropriate area / level


3.5.6 Chairing a disciplinary hearing (leading to sanctions less than dismissal)

Group Manager Not to be the same Group Manager referred to in 3.5.4/3.5.5

3.5.7 Chairing a disciplinary hearing (leading to dismissal) Head of Service In consultation with HR refer to HR Guidance at link and annexes

3.5.8 Appeal against a written warning issued by an officer other than a Head of Service

Head of Service In consultation with HR refer to HR Guidance at link and annexes

3.5.9 Appeal against a written warning issued by a Head of Service Director of CFC or equivalent at Director Level


https://worcestershirecc.sharepoint.com/Staff%20Handbook/Procedure%20for%20Handling%20Poor%20Perfomance.pdfhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Poor%20Performance%20and%20Misconduct%20Guidance.docxhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Procedure%20for%20Handling%20Poor%20Perfomance.pdfhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Poor%20Performance%20and%20Misconduct%20Guidance.docxhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Procedure%20for%20Handling%20Poor%20Perfomance.pdfhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Poor%20Performance%20and%20Misconduct%20Guidance.docxhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Procedure%20for%20Handling%20Poor%20Perfomance.pdfhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Poor%20Performance%20and%20Misconduct%20Guidance.docxhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Procedure%20for%20Handling%20Poor%20Perfomance.pdfhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Poor%20Performance%20and%20Misconduct%20Guidance.docxhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Procedure%20for%20Handling%20Poor%20Perfomance.pdfhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Poor%20Performance%20and%20Misconduct%20Guidance.docx


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3.5.10 Decision on a formal grievance Line Manager Or level above, if the grievance is against the Line Manager, refer to HR and HR Guidance at link and annexes

3.5.11 Decision on a second stage formal grievance Relevant Manager Dependent upon the management level in the first stage (3.5.12), refer to HR guidance at link and annexes

3.6 Ill Health

3.6.1 Decision to initiate ill health procedure Line Manager Consult with Directorate HR

3.6.2 Ill health retirement/dismissal on grounds of ill health Head of Service Following advice from Occupational Health and Human Resources

3.7 Supervision, Staff Review and Development

3.7.1 Conduct regular supervision discussions and at least annually, conduct staff review and development discussions

Line Manager

Establish and progress individual, team and service area development plans, refer to HR guidance

https://worcestershirecc.sharepoint.com/Staff%20Handbook/Procedure%20for%20Handling%20Poor%20Perfomance.pdfhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Poor%20Performance%20and%20Misconduct%20Guidance.docxhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Procedure%20for%20Handling%20Poor%20Perfomance.pdfhttps://worcestershirecc.sharepoint.com/Staff%20Handbook/Poor%20Performance%20and%20Misconduct%20Guidance.docx


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4 CONTRACTING

4.1 Contracting and purchasing of commissioned services including education and skills, community services, early help and social care

4.1.1

Ensuring compliance with Standing Orders on Contracts and other relevant legislation and guidance (note: includes selection of contract type and documentation).

Contracts Officers / Commissioning Officers / Placements Team Member

In liaison with Commercial Team

4.1.2 Authority to sign pre-placement agreements for children’s residential care and fostering

Contracts Officer / Placements Team Member

In liaison with Commercial Commissioning Manager

4.1.3

Authority to sign contracts with a total value over £164,176 (this does not apply to individual placements for children, but would for block contracts)

A member of CFCSLT Formal tenders must be sought in line with Contract Standing Order (CSO) 8 at link Officers must complete the requirements of the Council's Contracts Open Data portal for all contracts over £5,000 and must be published in accordance with the Transparency Code on the Council's website.

4.1.4 Authority to sign contracts with a total value between £20,000 and £164,176 (this does not apply to individual social care placements for children, but would for block contracts)

A member of CFCSLT Officers must complete the requirements of the Council's Contracts Open Data portal for all contracts over £5,000. Minimum of 4 formal tenders or written quotations in accordance with Procurement Code All contracts awarded over the value of £5,000 must be published in accordance with the Transparency Code on the Council's website. See

the following link 4.1.5

Authority to sign contracts with a total value between £5,000 and £20,000 (this does not apply to individual placements for children, but would for block contracts)

Contract Officers complete the open data information (as per the information contained

within the link) with information supplied by the commissioner

Officers must complete the requirements of the Council's Contracts Open Data portal for all contracts over £5,000. Minimum of 3 written quotations in accordance with Procurement Code procedures and guidelines at link. All contracts awarded over the value of £5,000 must be published in accordance with the Transparency Code 2014 on the Council's website.

http://www.worcestershire.gov.uk/downloads/download/57/worcestershire_councty_councils_constitutionhttp://www.worcestershire.gov.uk/info/20423/transparency_datahttp://www.worcestershire.gov.uk/info/20423/transparency_datahttps://worcestershirecc.sharepoint.com/whatwedo/commissioningandprocurementandcontracts/procurement


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4.1.6

Authority to sign contracts with a total value up to £5,000 (this does not apply to individual placements for children, but would for block contracts)

Budget Holder An appropriate number of quotations should be obtained. Quotations may be sought verbally but must be confirmed by suppliers in writing. Catalogue prices may be used.

4.1.7 Termination of contracts Contracts officer or legal officer In accordance with procedures and guidelines at link

4.1.8 Procurement of placements for children in SEND establishments

Group Manager SEND Assistant Director – Education and Skills to be informed of out of county placements

4.2 Contracting and purchasing of goods and other services

4.2.1 Decision to select one provider in preference to another for supply of:

4.2.2 Frozen goods, milk, groceries, gas, electricity, oil, Cannon Hygiene units, photocopying machines and hoist and lifting equipment

Corporate lead for property and ICT

All negotiations, alterations and contract monitoring is to be done by Capital / Accommodation Officer

4.2.3 Mobile phones, ICT, property services, telephone systems and cleaning contract

Head of IT

All negotiations, alterations and contract monitoring is to be done by Capital / Accommodation Officer

4.2.4 Computer equipment, cabling, property services work

Line Manager

Line managers must use the corporate contracts as designated

4.2.5 Other specific items such as office furniture, white goods, etc

Budget Holder Budget Holders should refer to the ‘Purchasing Directory’ and must follow the instructions below

4.2.6 Other goods and services up to £500

Budget Holder Budget Holder should enter into contracts in such a manner as seem to them appropriate, as to achieve best value

4.2.7 Other goods and services between £500 and £1,000 Budget Holder Budget Holders should obtain at least 2 quotations

4.2.8 Other goods and services between £1,000 and £20,000 Team Manager or Residential Services Group Manager (or Budget Holder if senior)

At least 3 written quotations should be obtained Need to refer to Procurement code and e-Portal for tenders over £5,000 at link

4.2.9 Other goods and services between £20,000 and £164,176 A member of CFCELT Refer to Standing Orders, Contract Requirements and the procurement code at link

4.2.10 Other goods and services over £164,176 must be via EU procedures

A member of CFCSLT Refer to Standing Orders, Contract Requirements and the Procurement Code at link

https://worcestershirecc.sharepoint.com/whatwedo/commissioningandprocurementandcontracts/procurementhttp://sid/cms/rd/procurement.aspxhttp://www.worcestershire.gov.uk/downloads/download/57/worcestershire_councty_councils_constitutionhttp://www.worcestershire.gov.uk/downloads/download/57/worcestershire_councty_councils_constitution


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4.2.11 Items in respect of the Bromsgrove Schools PFI contract The Authority Representative The Head of Financial Management to be consulted in respect of non- routine matters and Assistant Director – Education and Skills in relation to education issues

4.3 Professional Services Including Consultants and Use of APPS forms

4.3.1 Provision of Professional Services including consultants to be done in line with procurement code and by completing relevant APPS form

Less than £25,000

£25,000 to £75,000

Above £75,000

Head of Service Head of Service, Director (and the Cabinet Member notified) Head of Service, Director and Cabinet Member

Please refer to the specific flowchart and procedure note on use of consultants All assignment extensions require a new APPS form with the appropriate approval as above. Levels of approval should be based on the total cost of the assignment, including the original contract and the extension.

A Professional Service is a person, agency or firm engaged for a limited period of time on a fee basis to carry out a specific task or tasks. A professional service supplier provides subject matter expertise and/or experience to the Council either because it does not possess the skills or resources in-house or which requires an independent evaluation/assessment to be made.

An APPS form is not required for temporary appointment arrangements secured through the Council's corporate contract for the supply of temporary staff (currently with Matrix).

See detailed guidance at link

And APPS form at link

4.4 Signing off of Corporate and Government Returns of Data Head of Service or as designated by originator

https://worcestershirecc.sharepoint.com/Commissioning,%20Procurement,%20Contracts/Commissioning%20and%20Procurement/Procurement%20of%20Professional%20Services%20APPS%20Guidance.pdfhttps://worcestershirecc.sharepoint.com/:w:/r/Commissioning,%20Procurement,%20Contracts/_layouts/15/WopiFrame.aspx?sourcedoc=%7B593392EC-E1AF-4596-B29E-6A4A12BA4CED%7D&file=Application%20to%20Procure%20Professional%20Services%20APPS%20form.docx&action=default


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5 Buildings and equipment

5.1

Authorisation of minor works and capital works from schedule approved by CFCLT

Manager – Universal Provision & Placement

Following approval of initial budget by Cabinet

5.2 Authorisation of Property Maintenance Orders (formerly PDLs)

Unit Managers or Area Administrators

As delegated by the Head of Service responsible for Property issues

5.3 Decision to dispose of other equipment

A member of CFCELT In liaison with Capital / Accommodation Officer or Placements and Resources Team Manager and Finance Manager Refer to the Inventory and Recycling Procedures

5.4 Decision for alteration of use and adaptations to buildings owned by the Authority

Following approval of business case at Property Innovation and Asset Strategy Board

In liaison with Capital / Accommodation Officer or Placements and Resources Team Manager and Finance Manager

5.5 Decision to lease or sublet part of a building Property Innovation and Asset Strategy Board

In liaison with Capital / Accommodation Officer or Placements and Resources Team Manager and Finance Manager

5.6 Decision to hire rooms Group Manager

5.7 Allocation of funding to individual capital schemes, following approval of the capital budget by Cabinet and Council, including allocation of s106 funding or other grant / income funding

Any single allocation in excess of £200,000 by the Director in consultation with the CMR Any amount less than this to be approved by the Assistant Director – Education and Skills following advice received by the Manager – Universal Provision & Placement Details to be included within a quarterly report to CFC Leadership Team

Allocations included in monthly financial monitoring reports considered by Children, Families and Communities Budget and Performance Board with the CMR and Director in attendance or separately via a signed document


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6 FINANCIAL MANAGEMENT

6.1 Virement and Journals

6.1.1 Virements between Portfolios Directors Refer to Financial Regulations

6.1.2 Virements over £500,000 Cabinet

6.1.3 Virements between £200,001 and £500,000 Director jointly with Chief Financial Officer and in conjunction with relevant Cabinet Member

6.1.4 Virements between £50,001 and £200,000 A member of CFCSLT

6.1.5 Virements between £20,001 and £50,000 A member of CFCELT

6.1.6 Virements upto £20,000 Accountable Budget Holder

6.1.7 Any permanent virement A member of CFCSLT and in accordance with the table for items over £200,000

6.1.8 Decision to carry forward under spends/over spends into following financial year

Chief Financial Officer in liaison with Cabinet

6.1.9 Journals below £20,001 Accountancy Officer to process

6.1.10 Journals above £20,001 Accountancy Officer to process following approval by relevant Principal Accountant / Finance Manager in liaison with relevant member of CFCELT or CFCSLT as required

6.2 Financial Administration

6.2.1 Authorisation of invoices Certifying Officer Budget holder must ensure that invoices will be appropriately authorised

6.2.2 Authorisation of Imprest / Petty Cash Reimbursement Claims Team Manager / Group Manager

Reimbursement to Individual Members of Staff / for individual items however procurement cards should be used where possible

6.2.3 Decision to write off debt Head of Service Head of Service, in consultation with legal and financial services

6.2.4 Receivership Director The Director may not delegate his/her responsibilities as appointed by the Court of Protection


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6.2.5 Appointeeship As formally appointed in writing by the Director

6.2.6 Accountability of agency managers Covered by their contract with WCC to undertake all the duties and levels of accountability of internal managers at their grade whilst they are employed by WCC


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7 ASSESSMENT, CARE PLANNING AND SERVICE PROVISION – SERVICES TO CHILDREN AND YOUNG PEOPLE WHO ARE IDENTIFIED AS CIN, CP, LAC AND CARE LEAVERS

7.1.1 Decision to provide services under S17 (Children in Need) or provide placement support (previously known as Section 20 budget)

Team Manager up to £2,000 and Group Manager over £2,000

If professional services are used refer to APPS guidance at section 4.2.12. Relevant Group Manager's will retain budget oversight through regular auditing

7.1.2 Decision to make Care Leaver Budget payment

Team Manager up to £2,000 and Group Manager over £2,000

Finance policy for Care Leavers

7.1.3 Decision to make Family Budget payment for Targeted Family Support

Team Manager up to £500 per family per annum Group Manager Targeted Family Support up to £2,000 per family per annum AD over £2,000 per family per annum

7.1.4 Decision to underwrite rent guarantee (S.17/24) Group Manager

7.1.5 Decision to provide domiciliary care packages to support families open to the Children with Disabilities Service

Group Manager following receipt of a Service Request Form for packages up to £5,000 per child p.a. Over £5,000 p.a. to be agreed at Short Breaks Panel.

7.1.6 Decision to make Family Budget payment for children who have an early help plan

Team Manager up to £500 per family per annum Group Manager up to £2,000 per family per annum AD over £2,000 per family per annum

7.2 Child Protection

7.2.1 Decision to initiate a Strategy discussion (Section 47) Team Manager

7.2.2 Decision to take no further action following investigation

Team Manager

7.2.3 Decision to convene Child Protection Conference (CPC)

Team Manager


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7.2.4

Authority to delay CPC past 15 working days of the Strategy Discussion which initiates a S.47 Enquiry

Practice Manager – Child Protection

7.2.5 Decision for a child to have a Child Protection Plan Decision at CP Conference

7.2.6 Decision for a child to cease to have a Child Protection Plan

Decision at CP Conference

7.3 Court orders and proceedings (It is essential to act in conjunction with Legal Services. Any decisions relating to legal proceedings require agreement from the Head of Legal Services)

7.3.1 Decision to hold a Legal Planning Meeting Group Manager

7.3.2 Decision to commence care proceedings Group Manager

7.3.3 Decision to apply for care or supervision order Group Manager

7.3.4 Application for recovery order Group Manager

7.3.5 Decision to apply for an emergency protection order Group Manager

7.3.6 Decision to apply for an exclusion order Group Manager

7.3.7 Decision to apply for a child assessment order Group Manager

7.3.8 Decision to apply for discharge or variation of a care or supervision order

Group Manager

7.3.9 Decision to refuse parental, etc, contact with a child in care for up to seven days in an emergency

Team Manager

To inform Group Manager

7.3.10 Decision to apply for an order refusing parental, etc, contact for a longer period of time

Group Manager

7.3.11 To authorise legal services to settle a claim against the Local Authority out of court

Assistant Director To consult with Director of CFC if likely to have PR, Political or other risk issues

7.4 LOOKED AFTER CHILDREN Delegations are also given to a Provider Group Manager in the absence of the AD Provider Services, to a Safeguarding Group Manager in the absence of the AD Safeguarding Services. ADs are also able to act for each other in their absence.

7.4.1 Placements and care planning

7.4.1 Decision to bring a child into Local Authority Care Group Manager See the PALAC form

7.4.2 Agreement to Special Guardianship or Residence Order Support

Group Manager Financial assistance to be agreed by AD

7.4.3 Decision on appeal against Special Guardianship or Residence Order Support decision

Director

7.4.4 Placement with Parents Assistant Director PWP report to be completed by TM, approved by GM and sent to AD as part of the child's care plan process

7.4.5 Post-16 accommodation (Supported Lodgings/Supported Living)

Placement and Resources Panel

Refer to Terms of reference for Placement and Resources Panel


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7.4.6 Staying Put Arrangements – conversion of Fostering to Staying Put

Group Manager Through Care

7.4.7 Post Order Allowances (Adoption Support Allowances) Local Authority Senior Manager for Adoption

All Post Order Allowances will, after the relevant financial assessment, be signed off and approved by Senior Manager

7.4.8 IFA Placements Group Manager if like for like or step down otherwise Placement and Resources Panel or Assistant Director


7.4.9 Agency Residential Placements Placement and Resources Panel or Assistant Director


7.4.10 Secure Accommodation Assistant Director

7.4.11 Decision to place a care leaver into Bed and Breakfast Accommodation

Assistant Director AD to inform Director

7.4.12 Decision to place 16+ in 72 hr safe base accommodation through Positive Pathway Route Decision to place 16+ in 72 hr safe base accommodation in an emergency for a looked after child

Team Manager (HIT Team) Group Manager

7.4.13 Decision to extend period of accommodation in external placements (subject to items 7.4.5 – 7.4.12).

Placement and Resources Panel or Assistant Director

Refer to Terms of reference for Placement and Resources Panel For internal placements – Group Manager subject to the looked after review care planning process

7.4.14 Permission for placement search links to decision for a child to be received into local authority care

Within PALAC process for section 20 LPM process for those being received into care via PLO

Refer to PALAC process

7.4.15 Signature of contract with independent sector provider once funding agreed

Pre-placement Agreement (PPA)

Individual Placement Agreement (IPA)

Contracts Officer Placements Manager

Terms on contract must be agreed before placement made using the PPA and IPA Costing of placement will be agreed by locality group manager – framework-I process will be authorised via the placement manager


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7.4.16 Decision to remove a child from a placement which is not in line with the care plan for the child i.e. in an emergency / following allegations of concern re the child's welfare or significant harm in the placement

Group Manager

Allegations against the carers must be managed by the LADO Where any children are remaining in the placement AD to be notified Consultations must take place with IRO

7.4.17 Agreement to exceptional Special Guardianship or Residence Order payments beyond amount indicated by standard assessment

Assistant Director

7.4.18 Ceasing to look after a child Where a child has been looked-after for at least 20 working days, Where a young person is 16 or 17 years, and has been accommodated under section 20

Group Manager within the looked after review process Assistant Director

AD to inform Director Completion of relevant form in consultation with IRO as part of the child's care planning process The AD / Director must be satisfied that:

Child’s wishes and feelings have been ascertained and given due consideration;

Decision to cease to look after the child will safeguard and promote their welfare;

The IRO has been informed; and

Where the child is an eligible child the appropriate requirements have been met

7.5 Residential Care

7.5.1 Allocation of places in-house residential units Group Manager Residential Services

7.5.2 Decision to terminate in-house residential placement unit outside care plan

Group Manager Residential Services and Locality Group Manager

Consultation with responsible IRO is also required

7.6 Foster Care

7.6.1 Approval of foster carers and withdrawal of approval of foster carers

Fostering Agency Decision Maker

On recommendation of the Fostering Panel

7.6.2 Approval of long-term placement of a particular child with particular foster carers



7.6.3 Movement of foster carers from existing agreed provider status (e.g. temporary) to different status (e.g. permanent)



7.6.4 Appeal against decision of Foster Care Approval and Review Panel




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7.6.5 Decision to place child with connected person approved as a temporary foster carer under Regulation 24

Group Manager-Fostering & Kinship

Placement may only continue for 16 weeks – provision to extend by further 8 weeks under regulation 25

7.6.6 Decision to approve relative or friend as foster carer Reg 11 Fostering Regulations 2011 following assessment

Agency Decision Maker for Fostering- on recommendation of the Fostering Panel

7.6.7 Exemption from “usual fostering limit”

in an emergency and out of hours

in an emergency during office hours

not in an emergency

Emergency Duty Team Manager Group Manager- Fostering & Kinship Agency Decision Maker for Fostering- on recommendation of the Fostering Panel

Maximum seven day exemption In all instances responsibility rests with the Fostering Agency Decision maker on recommendation from Fostering Panel and matter must be considered at next Panel date when interim authorisation given

7.6.8 Agreement to the placement of a child outside terms of approval (e.g. number or age of children)

in an emergency and out of hours

in an emergency during office hours

Emergency Duty Team Manager Fostering Team Manager

7.6.9 Approval of payment for damage to property not covered by the Council’s insurance policy

Group Manager Fostering and Kinship

Refer as above - Dependent upon service area In consultation with legal services

7.6.10 Decision to authorise funding for adaptation to foster care home

Assistant Director If professional services being used refer to APPS guidance at section 4.2.12

7.6.11 Continued payment of fee to short-term carer beyond two weeks of placement ending as a result of injury suffered by the carer as a result of fostering


If professional services being used refer to APPS guidance at section 4.2.12

7.6.12 Agreement to a foster carer seeking leave to apply for a Residence order or Special Guardianship Order, when Local Authority consent required


7.6.13 Decision to prohibit a person from privately fostering children


In conjunction with Legal Services


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7.6.14 Consent to a person acting as a private foster carer who otherwise would be disqualified under “Disqualification for Caring for Children” regulations (1991)


7.7 Adoption

7.7.1 Decision to pursue adoption as the plan for a child Group Manager

7.7.2

Decision to change plan from adoption to alternative long-term care

Agency Decision Maker

7.7.3 Decision to present child to Agency Decision Maker Group Manager

7.7.4 Decision to approve adoption as plan for a child Adoption Agency Decision Maker

7.7.5 Decision following recommendation from Adoption Panel on approval of adopters and proposed placements

Adoption Agency Decision Maker -on recommendation from Adoption Panel

7.7.6 Agreement to inter-agency fee

Covered via ACE contract

7.7.7 Agreement to Adoption Financial Support and to variation in following reassessment

Assistant Director - need to complete a APPS form


7.7.8 Decision on appeal against Adoption Financial Support decision

Director

7.8 Looked after Children - General

7.8.1 Delegation of Authority to foster carers Operational responsibility rests with social worker with management oversight by Team Manager.

Details found at https://www.gov.uk/government/publications/children-act-1989-care-planning-placement-and-case-review

7.8.2 Decision to inform police that young person is missing from:

Residential care

Foster care

Senior Officer on duty in residential unit Foster Carer/Social Worker

Refer to Children Missing from Home and Care Joint Protocol

7.8.3 Permission for looked after child to go abroad (other than emigration) including signing passports for children in care

Group Manager Team Manager should prepare rationale to inform GM decision which must include any identified risks to the child and outcome of consultation with persons with parental responsibility

7.8.4 Decision to apply for court order concerning emigration of child in care

Assistant Director Consult with persons with parental responsibility as appropriate

https://www.gov.uk/government/publications/children-act-1989-care-planning-placement-and-case-reviewhttps://www.gov.uk/government/publications/children-act-1989-care-planning-placement-and-case-review


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7.8.5 Giving permission for child in care to marry Assistant Director

7.8.6 Permission to join Armed Forces Assistant Director

7.8.7 Decision to use identifying material in publicity when seeking substitute family against parents’ wishes

Group Manager Consult with Legal Services

7.8.8 Authorisation of payments to young people in rented accommodation

Team Manager up to £2,000 per transaction or £5,000 per child per annum Group Manager over £2,000 per transaction; over £5,000 per child per annum.


7.8.9 Authorisation of taxi transport to school for child looked after

Group Manager Via Council's transport department

7.8.10 Agreement to young person looked after staying overnight with persons other than those with parental responsibility

Delegated authority in conjunction with Social Worker

7.8.11 Agreement to routine medical treatment and minor procedures:

If child accommodated under S.20

If child subject to Care Order/Interim Care Order/Placement Order

Parent Carer of the Child as delegated through consent to Medical Treatment Agreement

In conjunction with Legal Services Parents with Parental responsibility Consult with those with Parental Responsibility

7.8.12 Agreement to operations and other major treatments for:

child accommodated under S.20

child subject to Care Order/Interim Care Order/Placement Order

Persons with PR Group Manager to delegate to Team Manager as appropriate

Includes agreement to termination of pregnancy In consultation with those with parental responsibility, where practicable

7.8.13 Decision on appropriate investment of award from Criminal Injuries Compensation Authority for a child in care

Chief Financial Officer In consultation with those with PR

7.8.14 Authorisation for flights to undertake statutory duties abroad

Chief Executive via Assistant Director


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8. EDUCATION AND SKILLS

8.1 School Organisation and Admissions

8.1.1 Duty to publish information for parents re: admission arrangements and all duties and powers concerning arrangements for the admission of children

Assistant Director – Education & Skills

Following recommendation from Babcock Prime

8.1.2 Prioritising the admission to primary, middle and secondary schools of children who are outside the criterion bands agreed, where there are exceptional circumstances



8.1.3

Giving a direction to a maintained school to admit a child



8.1.4 Duty to comply with parental preferences, with certain exceptions and in particular the infant class size limit imposed and prepare any statement required in this regard


Link to Babcock Prime

8.1.5 Making arrangements for admission appeals to enable parents to appeal against decision regarding admissions


Link to Babcock Prime

8.1.6 Power to request the Secretary of State direct an academy to admit a child


With input from Babcock Prime

8.1.7 Duty to publish and consult in the prescribed manner, the proposals of the Council for the establishment of a new school, which must be an Academy or Free School

Manager – Universal Provision and Placements 0-19


8.1.8 Duty to publish and consult in the prescribed manner, the proposals of the Council for the alteration of any maintained schools



8.1.9 Duty to publish and consult in the prescribed manner, the proposals of the Council to discontinue any maintained schools



8.1.10 Make referrals, withdraw proposals and all other functions in relation to proposals referred to the schools adjudicator



8.1.11 Implement and discharge the Council’s proposals relating to maintained schools




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8.1.12 Carry within exercise and performing powers and duties with regard to provision of sufficient statutory school places



8.1.13 Duty to secure sufficient nursery education and places for statutory school aged children.



8.2 Performance and Achievement

8.2.1 Taking such steps in relation to a maintained school as are required to prevent the breakdown of standards & performance, safety of pupils or continuing breakdown of discipline or otherwise at the school and to give directions to the governing body or head teacher


Supported by Babcock Prime

8.2.2 Ensuring proper notification of any proposed inspection of a school and to assist with such inspections including provision of information and provision of copies of any such inspection report (and levying a charge for such copies


Supported by Babcock Prime

8.2.3 Power to enter and inspect any maintained school Assistant Director – Education & Skills

8.3 Vulnerable Children

8.3.1 Commence investigations under section 437 of the Education Act 1996 to identify children of compulsory school age in their area not receiving suitable education, either by regular attendance at school or otherwise


Link to Lead Commissioner and operational lead

8.3.2 Approve the service of a school attendance order under section 437 of the Education Act 1996



8.3.3 Approve proceedings under section 443 of the Education Act 1996 for failure to comply with the School Attendance Order


Link to Lead Commissioner and may require WCC support following recommendation from Babcock Prime and linked to and monitored by Virtual Head

8.3.4 Proceedings under section 444 of the Education Act 1996 for failure to ensure regular and punctual school attendance



8.3.5 Proceedings under Schedule 3, Paragraph 18 of the Children Act 1989 for failure to comply with directions given during the course of an Education Supervision order




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8.3.6 Proceedings under section 9 of the Crime and Disorder Act 1998 for failure to comply with directions given as part of a parenting Order


Link to Lead Commissioner

8.3.7 Issue Penalty Notices under Section 444A of the Education Act 1996 in respect of unauthorised absence from school



8.3.8 Institute proceedings under section 36 of the Children Act 1989 for an Education Supervision order



8.3.9 Represent the Local Authority in Local Magistrate Courts and advocate in matters relating the sections 437, 443, 444, 447 of the Education act 1996, section 36 of the Children Act 1989 and section 9 of the Crime and Disorder Act 1998

WCC WCC

8.3.10 Exercising any of the Authority’s powers for the granting of licences for children over age 12 to be trained to take part in a performance of a dangerous nature and doing everything else necessary in connection there with



8.3.11 Granting licences to children under 16 to take part in performances, or sports, or to work as a model, for payment and doing everything else necessary in connection there with



8.3.12 Power to, regulate and control the employment of children not over compulsory school age



8.3.13 Designating premises as premises to which children and young persons of compulsory school age may be removed if found absent from school without lawful authority



8.3.14 Keeping under review the arrangements made for special educational provision (s315 EA 96 ) and from 1st September 2014 Section 27 of the Children and Families Act 2014 (CFA 2014) and having due regard to the regulations pertaining to detained persons . (Sections 71 -75 CFA 2014)

Group Manager for SEND

8.3.15 Deciding whether or not to make an assessment under either s323 of the EA 1996 and the conducting of that assessment (Schedule 26 EA96) or Section 36 of the CFA 2014.



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8.3.16 Deciding whether or not to issue an Education Health and Care Plan, (EHCP) setting out the arrangements made or proposed to be made for the education of children with special educational needs, consulting as required with schools, colleges or other providers and taking account of parental preference (with reference to Schedule 27 of the EA96 and/or S37 of the CFA 2014


8.3.17 Deciding whether or not to defend an appeal to the SEN and Disability Tribunal made by a parent in relation to an assessment, statement or EHCP or review of a statement of special educational needs or EHCP and deciding whether to cease to maintain a statement or an EHCP. ( S27 of the EA 1996 or S45 of the CFA 2014)

Group Manager for SEND In conjunction with Assistant Director – Education & Skills

8.3.18 Ensuring the annual review of statements of SEN in accordance with s328 of the EA 1996 and EHCPs in accordance with S44 of the CFA 2014


8.3.19 Ensuring that through a local offer parents of children with SEN in the Area, schools and providers in the Area are provided with advice and information about those needs (S32 of the CFA 2014)

Group Manager for SEND With statutory partners

8.3.20 Make arrangements as required in s332B of the EA96 and S57 of the CFA 2014 for the resolution of disputes between the Local Authority and a parent/carer of a child or young person with SEN, or between the Local Authority and a young person with SEN or a school, college or early years provider and a parent/carer of a child with a SEN or the young person themselves.


8.3.21 Ensuring compliance with Tribunal Orders Group Manager for SEND

8.3.22 Decisions to place and fund learners with learning difficulties and disabilities in specialist placements including specialist college provision

Group Manager for SEND In conjunction with Assistant Director – Education & Skills


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8.3.23 Determining the required number of places on an annual basis at maintained special schools and academies; mainstream units/bases for children with statements; Pupil Referral Units (AP); enhanced places at Colleges of FE and places in Independent Specialist Colleges

Group Manager for SEND In conjunction with Manager – Universal Provision and Placements 0-19

8.3.24 Consenting to the governing body of a community or foundation special school determining to provide or cease to provide part-time education suitable to the requirements of persons over compulsory school age or full-time education suitable to the requirements of those aged over 19


8.3.25 Duty to make arrangements for a governing body to appeal against the admission of an excluded child to whom Section 87(2) applies.(Schools Standards and Framework Act 1998)


In conjunction with Group Manager for SEND

8.3.26 Power to recoup cost of providing education for persons not belonging to the Council’s own area

Group Manager for SEND In conjunction with Finance

8.4 Governing Bodies

8.4.1 Conducting and maintaining any school where the governing body have given notice of discontinuance and is unable or unwilling to continue until the end of the notice period


In liaison with Babcock Prime

8.4.2 Appointing additional governors to a maintained school where is has been judged to be inadequate by Ofsted



8.4.3 Approve and maintain the Instrument of Governance for all maintained schools and maintained short stay schools.



8.4.4 Maintain and manage the appointment of LA governors under the 2007 and 2012 regulations for maintained schools.



8.4.5 Requiring the governing body of a maintained school to provide reports in connection with the discharge of its functions when requested

Manager – Universal Provision and Placements 0-19 and Group Manager for SEND

8.4.6 To appoint Parent Governor Representatives to local authority committees dealing with education. Education Act 1996 Section 499. Secondary - Parent Governor Representatives (England) Regulations 2001

Assistant Director - Education and Skills


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8.4.7 Sets out requirements for governing bodies of maintained schools including appointment of at least one LA governor and that the LA must give notice of any removal of an LA governor. Education Act 2002 section 19, amended by Education Act 2011 sections 38 and 39. Secondary - School Governance (Constitution) (England) Regulations 2007 School Governance (Constitution) (England) Regulations 2012


8.4.8 To provide training and information for school governors. Section 22 of the Education Act 2002.


8.4.9 Provides for LA to set up a temporary governing body for new maintained schools until the governing body is constituted for the school under an instrument of government Education Act 2002 section 34. Secondary - School Governance (New Schools) (England) Regulations 2007.


In conjunction with Manager – Universal Provision and Placements 0-19 and Group Manager for SEND

8.4.10 Where a Governing Body is inadequate the Local Authority can establish and support an IEB to discharge the function of the Governing Body


In conjunction with Babcock Prime

8.5 Schools Human Resources

8.5.1 To agree early retirements granted by any school governing body with delegated powers to do so and to make discretionary severance payments in accordance with regulations and guidelines for making such payments to non-school based staff

Assistant Director - Education and Skills in conjunction with Liberata and HR Manager

Central Funding Support Scheme arrangements

8.5.2 Authority to exercise discretionary powers under the Teachers’ Pay and Conditions document


8.5.3 Determining the extent to which the staffing provisions in Schedules 16 and 17 to the School Standards and Framework Act 1998 shall apply to persons that are employed to work partly for the purposes of school activities and partly for the purposes of non-school activities



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8.5.4 Powers in relation to the staffing of community, voluntary controlled and community special schools


8.5.6 Giving effect to a governing body’s decision in respect of the remuneration and other terms of employment of school teachers and any pay and conditions orders made by the Secretary of State in accordance with any guideline issued under Education Act 2002 Sections 10, 122 and 127


8.6 Funding and Budgets

8.6.1 Agreeing planned deficits by schools under the terms of the Fair Funding Scheme, including approval of repayment plans

Assistant Director - Education and Skills in consultation with Head of Finance

8.6.2 Delegating a budget to a maintained school


8.6.3 Withdraw the right of a Governing Body of a maintained school to a delegated budget


8.6.4 Issue a Notice of Concern to a Governing Body in respect of financial delegation where there is a failure to comply with requirements of Fair Funding Scheme


8.6.5 Signature requirements for grant claims, grant agreements, funding agreements and any other document of a financial nature normally requiring action, decision or signature of the Chief Financial Officer in relation to Children's Services

Head of Financial Management or Head of Strategic Infrastructure Finance and Financial Recovery

Specific written delegation in accordance with section 114 (6) of the Local Government and Finance Act 1988 given by CFO

8.7 Special Educational Needs

8.7.1 Making decisions regarding travel assistance, the hire and use of taxis or other transport for home to school transport for children with special needs


8.7.2 Agreeing to the admission of a child to a special school for the purposes of assessment, or following a change of circumstances.


8.8 14-19 Year Olds

8.8.1 To exercise and perform powers and duties in relation to inadequate sixth forms



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8.8.2 Require to provide information with regard to encouraging 13-19 year olds participation in education

Business Investment & Skills Manager

In conjunction with Babcock Prime

8.9 Miscellaneous

8.9.1 Comply with Section 131 and Schedule 8 with regard to the provision of land to city academies

Cabinet Members for Children & Young People, Director of CFC; Place Partnership

8.9.2 Employing or engaging a Medical Officer to exercise the functions of a Medical Officer.

Director of CFC

8.9.3 Section 95 and 96 provisions of school premises for the purposes of public meetings for candidates at an election.

Assistant Director - Education and Skills in conjunction with Head of Legal and Democratic Services

8.9.4 Giving any direction to the governing body or head teacher of any maintained school concerning the health or safety of persons on the school’s premises or taking part in any school activities elsewhere

Babcock in liaison with Liberata Communication with Lead Commissioner

8.9.5 Such other provisions as remain in force under the Education Act 1996 not specifically delegated in this scheme of delegation


8.9.6 General - Such other duties and powers contained in the School Standards and Framework Act 1998 not specifically delegated above which are not reserved to the Executive


2018/19 Scheme of Delegation - proceduresonline.com...Scheme of Delegation 6 2018-19 period for...

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