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Re-location Foundation Phase Behaviour Resource Consultation - Explanation of the Statutory Process

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6. Explanation of the Statutory Process

This report was presented to Cabinet on 10th October 2022, who supported the recommendation to hold a statutory consultation period, consulting on the above proposal and ensuring that the interests of all parties are considered and addressed.

This is the consultation document which details the background to the proposal to re-locate Foundation Phase Resource provision to Canolfan Addysg Conwy: Yr Ddraig Goch. The document will be published on 5th December 2022, and responses can be received until 13:00 on 27th January 2023.  At this stage, these responses will not be counted as objections, but comments.  If anyone wishes to object, they must do so following the publication of the statutory notice (should one be issued).  During this consultation, responses may include comments or questions on any aspect of the proposal and suggest alternative options.

Following this statutory consultation period, a report will be submitted to the Cabinet where a decision will be made whether to proceed with the proposal to re-locate the Foundation Phase Resource provision for Behaviour.  This consultation report will summarise the comments and questions raised by consultees and will be published on the Council’s website.  All stakeholders, as listed above, will be informed that the consultation report is available.

If the Cabinet decides to proceed following consideration of the consultation report, the favoured option/proposal will have to be issued in the form of a statutory notice.  The notice will be published on a school day and there will be an “objection period” of 28 days from when the proposal is published.  Anyone can object to the proposals.  The notice will be published on the Conwy Council website and in the main reception at Canolfan Addysg Conwy premises.  Copies will also be sent to the schools to be distributed to pupils, parents, carers and guardians, staff and governors.  Hard copies will also be available on request from Conwy Education Services.

After the objection period closes, the Council will publish a summary of the statutory objections and the Council’s response to the objections in an “objection report”.  As above, all key stakeholders will be informed of the availability of this report and where it can be accessed.

The Council Cabinet will make the final decision about the objection report within 28 days of the end of the objection period.  When the Cabinet has made its final decision, the decision will be put in writing along with reasons for the decision.  The decision will be posted on the Council’s website and all key stakeholders informed.

In some instances, following the Cabinet’s final decision, it is possible for the following bodies to refer the proposal to the Welsh Ministers for their consideration:

  • Another Local Authority affected by the proposal
  • Appropriate religious body for any school affected
  • Governing body of a voluntary or foundation school which is the subject of proposals
  • Any Trust which holds land on behalf of a voluntary or foundation school which is the subject of proposal

The bodies which refer the proposal need to note the reason why they are of the opinion that the decision reached by the Local Authority is incorrect.  The Welsh Ministers will decide whether the proposals affect the bodies and whether they need to consider the proposals.

Consultation Response Form

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