7. Debate on Petition P-05-828 Presumption in Favour of Rural Schools

Part of the debate – in the Senedd at 5:11 pm on 21 November 2018.

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Photo of David Rowlands David Rowlands UKIP 5:11, 21 November 2018

Diolch, Llywydd. On behalf of the Petitions Committee, may I thank Members for the opportunity to hold this debate today? This petition, 'Presumption in Favour of Rural Schools', concerns the Welsh Government's school organisation code and the protection afforded to schools in rural areas. As Members will know, recent revisions made to the code attempt to provide stronger safeguards and protection for rural schools, and I congratulate the Government for those revisions, which specifically include a presumption against the closure of rural schools.

The newly revised code came into force on 1 November. This means that all new proposals for school closures or organisation will be governed by a new process. However, it doesn't apply to existing proposals, and this petition calls on the Welsh Government to do all that it can to ensure that all local authorities are following the spirit of the revised code, even where proposals are being determined under the previous version. Underlying the petition is a concern that some local authorities have moved to close some rural schools in advance of the new code coming into force. Specifically, the petitioners are concerned about the planned closure of Ysgol Gymuned Bodffordd, a primary school near Llangefni, Anglesey.

The petition received 5,125 signatures, and I want to start this debate by acknowledging the support enjoyed by the petition and the commitment of those who have campaigned to gather the signatures. As I have outlined, the future of a specific school, Ysgol Gymuned Bodffordd, is central to this petition and to the issue of the future for rural schools. The Petitions Committee has heard that Ysgol Gymuned Bodffordd currently has around 85 pupils. Like many rural schools, it plays a major role in the local community, both as a place of education and as a well-used community resource. However, unlike some, we understand that it has a very low level of surplus places, only around 1.6 per cent. Isle of Anglesey County Council proposes to close Ysgol Gymuned Bodffordd and another primary school in Llangefni, Ysgol Corn Hir. In their place, the council intends to build a new, larger school with a capacity of 360 children.

A consultation took place earlier this year, and at the end of September, Anglesey council published a statutory notice confirming its intention to proceed with the closure from September 2020. Because the process was initiated prior to the new code coming into effect, it has been determined in accordance with the first edition of the school organisation code. Under the new code, Ysgol Gymuned Bodffordd is listed as a rural school, therefore, whilst it is not possible to know whether the new code would have led to a different outcome, it is reasonable to suggest that Anglesey council would have had to consider the proposal in a different way if the process had been initiated later. The petitioners are seeking to make the case that councils should be obliged, or expected, to act in accordance with the spirit of the new code, because the Welsh Government's desire to strengthen the protection offered to rural schools has been known for some time. I will focus on this broader issue for the remainder of my contribution.

A review of the policy regarding surplus school places, with an emphasis on rural schools, was part of the agreement that resulted in Kirsty Williams being appointed Cabinet Secretary for Education in June 2016. A consultation on revisions to the school organisation code was issued for public consultation in June 2017. This included a new presumption against the closure of rural schools. Following this, the new code finally came into force on 1 November this year. The presumption against closure means, in reality, that there is now a more detailed set of procedures and requirements where rural schools are proposed for closure. As the Cabinet Secretary herself previously noted, this does not mean that rural schools will never close, however it does mean that the case for closure must be strong and not taken until all viable options to closure have been conscientiously considered.

The petitioners contend that this has not happened in the case of Ysgol Gymuned Bodffordd. They argue that two years after the proposal to close the school was first raised, a number of questions remain unanswered. These include the future of the nursery and other groups that use the school and what consideration the council has given to other options such as a federation with other schools or extending the existing school.

At the heart of the debate is the issue of whether a local authority should proceed to close a rural school without giving full consideration to the revised code that requires a stronger case to overcome the presumption against closure. I am aware that Ysgol Gymuned Bodffordd is not the only school in this situation. The Cabinet Secretary has said on several occasions that she expects local authorities to factor in the Welsh Government's new policy towards rural schools when making decisions about school reorganisation. However, she has also made clear that the new code is not retrospective and that there is no statutory requirement to comply with its provisions before it came into force.

So, to summarise, then, there are several questions at the heart of this petition and this afternoon's debate. Firstly, the extent to which local authorities or others proposing a school closure should consider the requirements of the new code, even where there is no statutory requirement for them to do so. Secondly, how the Welsh Government can give practical effect to its expectation that local authorities should take the spirit of the new code into account. And thirdly, what other action the Government could, or should, take to protect rural schools such as Ysgol Gymuned Bodffordd.

The Petitions Committee has, as yet, not reached any conclusions on this matter, and as a result I will leave it to others to expand upon the principles and arguments behind this issue. It only remains for me to say that the Petitions Committee will return to consider the petition again at a future meeting in the light of the contributions during this afternoon's debate. Diolch yn fawr.