Consultation on the future community use of St. Hardulph’s School and Community Centre

Leicestershire County Council has decided to carry out a consultation exercise on the use of facilities at St. Hardulph’s Church of England Primary School at Breedon on the Hill by the community, and the Community Association, and on the way that use should be organised.  The County Council intends to make a decision on the use of the facilities in the light of the views expressed by people in response to this consultation.

The question of the use of the facilities is an important one because any decision taken has implications for the local community, including the Community Association, St Hardulph’s school and the County Council’s budget. As you may be aware the Community Association has brought court proceedings against the County Council and school Governors over this issue.

The County Council is committed to encouraging the community use of school buildings and facilities, and the ongoing use of existing community facilities throughout Leicestershire including at St. Hardulph’s.

The background to this consultation, and the various options we have identified, are set out below.

We want to hear from as many people as possible who have an interest in this matter, because this is an important issue which will affect the current and future arrangements for the community.  This consultation document is being sent to all of the people and groups listed at the end of the document. It will also be published on the Council’s website and by posters being placed on the notice boards in the local area.  If you think there are other groups or parties who should also be consulted, please let the County Council know this.  

Responses are requested by 23rd March 2009, and can either be made in writing to Mr. N. Aldridge-Clyne, Communications Officer, Children and Young People’s Service, County Hall, Glenfield, Leicester, LE3 8RF, e-mail: Neil.Aldridge-Clyne@leics.gov.uk

Responses received after 23rd March will not be considered unless there is good reason to do so.  We consider that this period is long enough to enable everyone who wishes to do so to respond, while enabling the County Council to make a decision fairly quickly. But if you think that the period needs to be longer, please let us know.  If you are responding on behalf of a group, please let us know who you represent.

There will also be a public meeting at the school at 7.00pm on 23rd February 2009.  We would encourage you to attend to discuss the issues, and if you would like to submit any questions in writing in advance of the meeting, please send them by e-mail or in writing to the above address.

The County Council built St Hardulph’s school in the early 1960s. In the 1950s the local community decided to pay £3,000 to the County Council towards the costs of building the school on the understanding that community facilities would be incorporated into the building.

The school and community centre was constructed and opened in the early 1960s. To guide the ongoing use of the community facilities at the school the County Council established arrangements for a Community Association to assist in the running of the community programme. All individuals and organisations involved in activities at the school and centre were eligible for membership and officers were elected annually.  Disagreements over school use and community use were to be resolved by the County Council.

St. Hardulph’s School and Community Centre Consultation

The Community Association subsequently paid the County Council the sum of £3,000, plus around £220 for flooring and other items. Total building costs for the school and community facilities were £18,000 - £19,000.

At the beginning, the County Council paid the majority of the premises and staffing costs relating to the community facilities and community education activities at St. Hardulph’s and the other 27 primary community centres around the county on a discretionary basis, although they were not under a statutory duty to do so.  The Council reserved the power to charge for heating, lighting, cleaning and caretaking costs for social events.  The County Council allowed the Community Association to raise money from the use of the premises by charging user groups to use the facilities in order to use that money to support and develop a community programme. Over the years, the Community Association has expended funds on the community facilities, the school hall and facilities in the school grounds.

In the late 1980s the law changed and school governors had to take increased responsibility for the school budget and management. New arrangements were made by the County Council in 1991 to reflect these changes:

The change to the law meant the school governors were not at that time, and still are not, permitted to use any part of the school budget to meet the cost of community use of the facilities.

In the early 2000s following a review and national changes relating to part of the community programme the County Council decided that youth work and adult education would now be centrally managed, although other aspects of the community programme and a reduced budget remained delegated to schools. Then during the preparations for the 2004 – 2005 budget, it became necessary to make major savings across the County Council’s services.  After a series of consultation meetings, the Council decided that it should concentrate its education resources on its statutory duties, and that funding should no longer be provided by the Council to subsidise community use.

However, the Council’s Shire Grant Scheme was also extended at the same time, so that certain groups using community centres could apply for financial support.  The Shire Grants Scheme is aimed at recognised youth groups and financially and socially disadvantaged groups, who are able to access funding to help them pay hire charges in connection with the use of community facilities.

Since the budget cut everyone who uses the facilities at St Hardulph’s and other schools or community facilities in the County has been required to pay a non-profit charge to cover heating, lighting caretaking and some maintenance costs associated with their use.

The Community Association did not seek to overturn the County’s 2004 decision at the time and paid for use of the community facilities between 1991 and 2005. It has subsequently refused to meet hire charges and claims back all the money it has paid towards the school’s bills since 1991.

During 2006–07 relationships between the Community Association and the school regrettably deteriorated. This has inevitably affected the ability of the Governing Body and the Headteacher to manage the school and take decisions in the best interests of the children attending the school. Numerous attempts were made to reach agreement as to a way forward.  As part of these efforts, the Community Association were given exclusive control over part of the school known as the community wing in the summer of 2007.  This includes the community room, toilets, kitchen, storage and the office.  The Headteacher moved into a PortaKabin on the school car park.  Unfortunately none of these efforts achieved an effective outcome, and the Community Association continued to refuse to pay for any of the costs of the community wing or hire charges in respect of the hall.

In view of the fact that it was not possible to reach any agreement with the Association concerning payment for the use of the community facilities; and the fact that there had been a breakdown in relationships between the Governors and the County Council on the one hand, and the Community Association on the other, which affected the Governing Body’s ability to manage the school, the County Council decided in December 2007 to give the Community Association 12 months’ notice to leave the community wing, and to give them the sum of £92,197 representing the current value (rebuilding costs plus professional fees less an amount for wear and tear) of the original £3,000 contributed towards the construction costs. The County Council also said that if the Community Association did not agree that figure, it would abide by the sum that was determined by a jointly instructed independent quantity surveyor or by the Charity Commissioners.  The County Council also confirmed that the Governors would continue to make the community facilities available, so far as that was consistent with school needs and use, to all those agreeing to pay the standard County Council recommended no profit charge.

The Community Association did not accept this proposal. It still occupies the community wing, and says that it is not required to pay the hire charges. The County Council has given the Community Association free use of the community wing for the whole of 2008 as a gesture of goodwill. We understand that the Community Association levy charges to other users of the community wing and that those charges have now been raised above the standard non-profit charge.

The Community Association has challenged the County Council’s December 2007 decision through the Courts. It claims that it has private law rights in respect of the premises; and also that it has a substantive legitimate expectation in public law that it will be able to continue to use the premises on certain terms (including that it should not have to pay any charges for the cost of hire of the premises). Those proceedings have not yet been decided by the Court.  The County Council’s view is that it holds the premises on trust for two purposes in unequal shares; for charitable community purposes as to approximately 17.5% and as to approximately 82.5% for educational purposes. As a result, the Council has powers of management conferred by the Trusts of Land and Appointment of Trustees Act 1996.  These powers of management enable the Council to manage and regulate the use and occupation of the premises. And the Council’s view is that whether or not the Community Association has the substantive legitimate expectation that it claims, the Council is entitled to change the arrangements provided it acts reasonably and fairly, and does not abuse its power.  In deciding what to do, the Council has to weigh the requirements of fairness against the reasons in favour of the changes.

The County Council has now decided to reconsider the December 2007 decision.  As part of that process, it is consulting on the use that the community and Community Association may make of the school, and the terms on which it may do so.  The County Council has identified a series of potential options for the use of the school.