Barnet Council response to UNISON 13 Questions on privatisation plans

Barnet Council response to UNISON 13 Questions

Barnet UNISON submitted 13 questions to senior management in order to understand how much evidence had been gathered in relation to this proposed outsourcing project.

You can view our questions here http://www.barnetunison.me.uk/sites/default/files/Barnet%20Education%20Skills%20Update.pdf which are contained within an update report we provided for our members in December 2014.

BELOW ARE RESPONSE TO OUR QUESTIONS

In relation to questions 1 and 2, please find below a table that shows the income and an indication of the number of schools buying each of the traded services in each of the last three years. I’ve attached the traded service booklet where you’ll see that some of the services on offer have a range of products for schools to buy, some require schools to buy a package and some are available to spot purchase. The figures in the attached table give a reasonable indication of the current and previous buy back but obviously at any one time, the number of customers vary.

Service area

12/13

13/14

14/15

Gross

income

Number of schools purchasing at least one element of the service

Gross

income

Number of schools

purchasing at least one element of the service

Gross

Income

(projected)

Number of schools

purchasing at least one element of the service

BPSI

£726k

Primary: 90

Secondary: 3

£856k

Primary: 97

Secondary: 3

£761K

Primary: 94

Secondary: 3

NQT’s

£124

All schools: n/a

£131k

All schools: n/a

£135k

All schools: at least 21

Catering

£6,800k

Primary: 72

Secondary: 10

£7,287k

Primary: 77

Secondary: 11

£7,134K

Primary: 75

Secondary: 12

Ed psych (incl behaviour support)

£112k

All schools** : n/a

£80k

All schools** : 40

£286K

Primary: 90*

Secondary: 12*

All schools**46

EWO

£44k

Primary: n/a

Secondary: 4

£64k

Primary: 81

Secondary: 4

£118k

Primary: 81

Secondary: 4

Foreign Language Ass

£182

Primary: 2

Secondary: 12

£166k

Primary: 2

Secondary: 13

£165k

Primary: 2

Secondary: 12

Governors clerking***

£287

All schools:76

£300k

All schools: 74

£295k

All schools: 62

NLSIN

£67

Primary: 167

Secondary: 24

Special: 14

£75k

Primary: 124

Secondary: 21

Special: 12

£56k

Primary: 110

Secondary: 19

Special:11

14-19

£85k

Secondary: n/a

£125k

Secondary: 5

£85k

Secondary: 6

*education psychology service only – new service 2015/16

**behaviour support

*** purchasing at least 3 meetings

Each year, the customer base also varies as new schools are opened (five free schools in Barnet) or as schools amalgamate as has recently happened at Edgware infant and juniors, St Joseph’s infant and juniors and Underhill infant and juniors. The current customer base includes;

· Nursery schools = 4

· Primary schools = 88

· Secondary schools = 24

· All through = 1

· Special schools =4

· Pupil referral units =3

For the table above, primary covers nursery and primary special, unless indicated. Secondary includes PRU’s and secondary special, unless otherwise indicated.

In relation to question 3, there is only one Barnet school that does not buy any traded service at all from the council – Millbrook Park Academy has recently opened and as it fills, it may choose to buy services from the council in the future.

In relation to question 4, we do not hold information that would indicate why any particular school has chosen to no longer purchase council traded services.

In relation to question 5, we do not know hold information about what services schools buy from other providers or the providers that each school chooses to purchase services from.

In relation to questions 6 and 7, each year schools decide on the traded services they wish to buy from the council. During our consultation, schools have indicated that their decision to purchase will be determined by the quality and value for money of any service offered. The quality of the offer and the value for money of any new services will be for any future delivery model to develop and market directly to schools.

In relation to question 8, we do not keep a list of the competitors for the council’s traded services.

In relation to question 9, the straightforward answer is that to avoid service reductions, the Education and Skills service overall needs to generate savings of £1,550m over five years through efficiencies and/or growth. In relation to income through growth, it is assumed that income represents 20% of any additional monies bought in through increasing or new trade.

In relation to question 10, the financial modelling that will be set out in the outline business case will model potential income over the next five years for catering, other traded services, part traded services and non-traded services. It will model growth from selling more services to existing school customers and to new school customers, selling services to other councils and developing new services for both schools and councils.

Questions 11,12 and 13 will be explored during any procurement process.

 

What is TUPE?

What is TUPE?

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protects the rights of employees transferring to a new employer.

TUPE Transfer Commitments

On 16 January 2012 Barnet Council agreed what became known as the TUPE transfer commitments.(http://barnet.moderngov.co.uk/Data/General%20Functions%20Committee/201201162000/Agenda/Document%205.pdf)

However the Coalition Government has made some serious changes to the TUPE legislation which took effect from 31 January 2014. The changes have seriously eroded worker rights, making outsourcing a high risk option for Council staff. The key changes are as follows:

1. New employers will be able to renegotiate collectively agreed terms one year after the transfer, as long as the overall change does not leave employees worse off.

2. The new employer will only have to adopt the terms agreed between the previous employer and employee representatives up to the date of transfer. Anything agreed after this date will not apply to transferred employees.

3. A change in location of the workforce after a transfer will be allowed as an ETO reason, meaning that this can be used by the new employer as a reason for dismissal.

4. If agreed by the two employers transferring staff, any redundancy consultation that begins before the transfer can count as part of a collective redundancy consultation process with the new employer, as long as it is a meaningful consultation.

At a meeting with the Council on Thursday 4 December 2014, UNISON raised concern that the Council could progress to procurement shortly after the committee makes a decision on 12 January 2014. It was agreed that in the meeting that sufficient time would be allowed for negotiations for an updated TUPE commitments for any staff outsourced.

Location of the services.

UNISON has been in the unfortunate position of having to support members who were made redundant as a result of jobs being moved out of the London Borough of Barnet. It will be a key issue for us on this project that jobs must remain in Barnet and something we are raising now.

UNISON request for extension to public consultation on Libraries refused

Barnet UNISON earlier this week wrote to the Council expressing concern that the public’s access to the Library Review Consultation documents in the Libraries is being restricted.

At a meeting on the 16 October  2014 UNISON expressed concern about the current reliability of ICT in Libraries as this would hamper the availability of  documents for the public. At that meeting UNISON was assured that printed versions would be available  to cover this eventuality.

Our concerns have been borne out by events this week as UNISON has learnt that printed documents will not now be in the Libraries until the 1st December and there have been ICT issues!

UNISON noted Drop-in sessions are now taking place in the Libraries for the public. UNISON questioned the validity of the whole consultation process due to the lack of document provision.


In light of these facts UNISON requested an extension to the consultation period.

Our request was refused. 
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