Common use of Discretion of the Councils Clause in Contracts

Discretion of the Councils. The discretion of any Council shall not be fettered or otherwise affected by the terms of this Agreement. THE COMMON SEAL OF the Carmarthenshire County Council was hereunto affixed in the presence of THE COMMON SEAL OF the Pembrokeshire County Council was hereunto affixed in the presence of THE COMMON SEAL OF the Council of the City and County of Swansea was hereunto affixed in the presence of 1. Each Council will retain statutory accountability for school performance and the exercise of statutory powers of intervention and organisation of schools. They will not duplicate the work or activities of the PARTNERIAETH. 2. The PARTNERIAETH will nominate a senior officer to liaise with each Council's relevant Lead Officer who shall jointly agree on the scope and frequency of their meetings having regard to issues requiring attention. 3. The Councils' responsibilities will include: a) recommending a Lead Director of Education, for approval by the Joint Committee, to act as the main point of contact with the PARTNERIAETH. b) arranging for its lead school improvement officer to work collaboratively with the dedicated strategic lead/senior adviser appointed by the PARTNERIAETH. c) discussing with the PARTNERIAETH their respective roles, functions and actions with a view to avoiding duplication of effort and, in particular, each Council shall share with the PARTNERIAETH information relating to the overall vision and social and economic development priorities for their areas, having particular regard to issues that are likely to affect schools. 4. Councils will monitor progress of schools in their area through their member-level scrutiny arrangements 5. Each Council's scrutiny committee for children's and education services will meet at least once a year to consider performance and progress in their schools such meetings to be attended by Council and PARTNERIAETH staff equipped to answer questions 6. Each Council shall cooperate with and support the Joint Scrutiny Councillor Group in the scrutiny of the work of the PARTNERIAETH. 7. Councils shall provide the PARTNERIAETH with access to relevant data systems including anonymised data sets on pupil performance where these are held at local authority level. 8. Councils and the PARTNERIAETH shall jointly consider recommendations on statutory school interventions and, in the absence of exceptional circumstances, will implement them in accordance with agreed protocol. 9. Each Council undertakes to act reasonably in their expectations of PARTNERIAETH staff and resources and agrees that staff shall not be required to spend a disproportionate amount of their time on reporting and scrutiny work. Effective partnerships and collaboration only become truly effective when they are underpinned and enclosed by shared values and principles. They allow trust and mutual understanding to develop within a safe environment. Inclusivity- the PARTNERIAETH needs to ensure that all Councils are involved and included in the decision making, accountability and performance management process of regional working. Accountability- Robust quality assurance and accountability processes must be established. This should include a value for money element. Accountability is the responsibility of all partners and processes should ensure that every Director is equally involved – this leads to collective responsibility and should secure high quality provision. Open and honest, Transparency, agility, subsidiarity Mutual trust- not unravelled by individuals or groups of individuals. • Equity and excellence go hand in hand. Location, deprivation or childhood experiences will not prevent learners from reaching their maximum potential • Learners in the Region will be resilient, imaginative, compassionate and ambitious – they will aim high and achieve their goals • The PARTNERIAETH will take pride in the job that it does and is ambitious for all of the schools and pupils in the region • The PARTNERIAETH is committed to ensuring effective learning and that all pupils reach their potential • The PARTNERIAETH celebrates and shares success • The PARTNERIAETH leads by example and inspires confidence in others • The PARTNERIAETH leads by example and drives continuous improvement, by asking how could this be done better • The PARTNERIAETH focuses on longer-term outcomes rather than short-term goals • Barriers and challenges are resolved promptly and success is celebrated • The PARTNERIAETH inspires others and continuously seeks innovative solutions. • The PARTNERIAETH effectively plans and anticipates change. • The PARTNERIAETH acts on opportunities. • The PARTNERIAETH recognises problems and implements solutions • Within the PARTNERIAETH, transparency, trust and honesty are a professional obligation • The PARTNERIAETH listens, reflects and prepares well and questions. • The PARTNERIAETH engages and supports each other by working together and developing a shared focus. • The PARTNERIAETH builds effective relationships with all stakeholders and partners. • The PARTNERIAETH recognises people’s contributions and achievements • The PARTNERIAETH focuses on sustainable progress and growth • All involved work together with each partner feeling valued, motivated, responsible and having the opportunity to contribute to the collective outcomes of the process; • The PARTNERIAETH is trustworthy and reliable • The PARTNERIAETH is able to adapt to changing priorities and seeks to create a positive and healthy working environment. • The PARTNERIAETH stands by difficult decisions and openly acknowledges errors. • The PARTNERIAETH challenges and confronts poor performance. o Deliver a genuine partnership with other local authorities and the region to build capacity o Share learning across the region to better support schools using consistent school improvement methodologies. o Deliver on a small number of priorities (the priorities will be agreed and reviewed annually by effective co-construction, collaboration and partnership working) o Maximise devolved funding to schools ensuring transparency on funding issues o Needs of all learners and schools in the collaboration are known and understood by partners and is at the centre of the work of the partnership o the strong relationship between the school and the Local Authority should be the basis of an integrated approach to school improvement. o exceptional quality, innovation and rigour in the delivery of agreed support services o good value for money o to work towards providing a fully bilingual service

Discretion of the Councils. The discretion of any Council shall not be fettered or otherwise affected by the terms of this Agreement. THE COMMON SEAL OF the Carmarthenshire County Council was hereunto affixed in the presence of THE COMMON SEAL OF the Pembrokeshire County Council was hereunto affixed in the presence of THE COMMON SEAL OF the Council of the City and County of Swansea was hereunto affixed in the presence of 1. Each Council will retain statutory accountability for school performance and the exercise of statutory powers of intervention and organisation of schools. They will not duplicate the work or activities of the PARTNERIAETH. 2. The PARTNERIAETH will nominate a senior officer to liaise with each Council's relevant Lead Officer who shall jointly agree on the scope and frequency of their meetings having regard to issues requiring attention. 3. The Councils' responsibilities will include: a) recommending a Lead Director of Education, for approval by the Joint Committee, to act as the main point of contact with the PARTNERIAETH. b) arranging for its lead school improvement officer to work collaboratively with the dedicated strategic lead/senior adviser appointed by the PARTNERIAETH. c) discussing with the PARTNERIAETH their respective roles, functions and actions with a view to avoiding duplication of effort and, in particular, each Council shall share with the PARTNERIAETH information relating to the overall vision and social and economic development priorities for their areas, having particular regard to issues that are likely to affect schools. 4. Councils will monitor progress of schools in their area through their member-level scrutiny arrangements 5. Each Council's scrutiny committee for children's and education services will meet at least once a year to consider performance and progress in their schools such meetings to be attended by Council and PARTNERIAETH staff equipped to answer questions 6. Each Council shall cooperate with and support the Joint Scrutiny Councillor Group in the scrutiny of the work of the PARTNERIAETH. 7. Councils shall provide the PARTNERIAETH with access to relevant data systems including anonymised data sets on pupil performance where these are held at local authority level. 8. Councils and the PARTNERIAETH shall jointly consider recommendations on statutory school interventions and, in the absence of exceptional circumstances, will implement them in accordance with agreed protocol. 9. Each Council undertakes to act reasonably in their expectations of PARTNERIAETH staff and resources and agrees that staff shall not be required to spend a disproportionate amount of their time on reporting and scrutiny work. Effective partnerships and collaboration only become truly effective when they are underpinned and enclosed by shared values and principles. They allow trust and mutual understanding to develop within a safe environment. Inclusivity- the PARTNERIAETH needs to ensure that all Councils are involved and included in the decision making, accountability and performance management process of regional working. Accountability- Robust quality assurance and accountability processes must be established. This should include a value for money element. Accountability is the responsibility of all partners and processes should ensure that every Director is equally involved – this leads to collective responsibility and should secure high quality provision. Open and honest, Transparency, agility, subsidiarity Mutual trust- not unravelled by individuals or groups of individuals. •  Equity and excellence go hand in hand. Location, deprivation or childhood experiences will not prevent learners from reaching their maximum potential •  Learners in the Region will be resilient, imaginative, compassionate and ambitious – they will aim high and achieve their goals •  The PARTNERIAETH will take pride in the job that it does and is ambitious for all of the schools and pupils in the region •  The PARTNERIAETH is committed to ensuring effective learning and that all pupils reach their potential •  The PARTNERIAETH celebrates and shares success •  The PARTNERIAETH leads by example and inspires confidence in others •  The PARTNERIAETH leads by example and drives continuous improvement, by asking how could this be done better •  The PARTNERIAETH focuses on longer-term outcomes rather than short-term goals •  Barriers and challenges are resolved promptly and success is celebrated •  The PARTNERIAETH inspires others and continuously seeks innovative solutions. •  The PARTNERIAETH effectively plans and anticipates change. •  The PARTNERIAETH acts on opportunities. •  The PARTNERIAETH recognises problems and implements solutions •  Within the PARTNERIAETH, transparency, trust and honesty are a professional obligation •  The PARTNERIAETH listens, reflects and prepares well and questions. •  The PARTNERIAETH engages and supports each other by working together and developing a shared focus. •  The PARTNERIAETH builds effective relationships with all stakeholders and partners. •  The PARTNERIAETH recognises people’s contributions and achievements •  The PARTNERIAETH focuses on sustainable progress and growth •  All involved work together with each partner feeling valued, motivated, responsible and having the opportunity to contribute to the collective outcomes of the process; •  The PARTNERIAETH is trustworthy and reliable •  The PARTNERIAETH is able to adapt to changing priorities and seeks to create a positive and healthy working environment. •  The PARTNERIAETH stands by difficult decisions and openly acknowledges errors. •  The PARTNERIAETH challenges and confronts poor performance. o Deliver a genuine partnership with other local authorities and the region to build capacity o Share learning across the region to better support schools using consistent school improvement methodologies. o Deliver on a small number of priorities (the priorities will be agreed and reviewed annually by effective co-construction, collaboration and partnership working) o Maximise devolved funding to schools ensuring transparency on funding issues o Needs of all learners and schools in the collaboration are known and understood by partners and is at the centre of the work of the partnership o the strong relationship between the school and the Local Authority should be the basis of an integrated approach to school improvement. o exceptional quality, innovation and rigour in the delivery of agreed support services o good value for money o to work towards providing a fully bilingual serviceservice o a service led by the needs of schools and Local Authority priorities o Local employment and deployment of a school improvement team o Provide a secure central service which can encourage excellent people to commit to it, enabling funding to be delegated purposefully and provide higher levels of funding to reach schools as our key partners. o Be an acknowledged hub of excellence, led by securely employed, high level specialists, who are able to provide leadership and support for local, hub or other sub-regional groupings. o Be a partnership enabling the best use of intelligence about schools and the resources available to support improvement o Share learning across the region to better support schools using consistent school improvement methodologies. o Establish a consistent regional approach to reduce duplication, ensure fairness and equity for all schools and to demonstrate value for money. o Have a secure and effective model of governance to underpin a more responsive and innovative regional service which supports accountabilities that are shared between the regional and the local. o Develop a regionally formulated and agreed school improvement strategy to be delivered locally to ensure the best possible provision of school improvement to further improve learner outcomes The PARTNERIAETH will assign a dedicated strategic lead/senior adviser to link with each lead school improvement officer in each of the Councils to aid communication and integration. The PARTNERIAETH will ensure that there is sufficient expertise in the Central Team to manage the following matters effectively: a) progress of schools within the Region b) strategic planning and coordination of the professional learning service and performance management of its effectiveness in delivering the Objects c) strategic leadership of key themes of work such as leadership development, curriculum support, support for Welsh and any other function determined by the Joint Committee. d) in conjunction with the Councils, business planning including management of financial resources, risk management, human resource management of PARTNERIAETH staff and the procuring of services a) Functions of the PARTNERIAETH will include o Leadership programmes and professional learning on all levels throughout the workforce o Support for Schools Causing Concern/schools at risk of causing concern if required / Improving quality in our Schools o Implement and support Welsh Government Strategies and develop o Develop regionally formulated and agreed strategies o Cymraeg including Cymraeg 2050 o Enable schools to become effective learning organisations o Support for Digital learning o Professional learning for blended learning. o Equity and Wellbeing o Research and links with Higher Education Institutions o Provide good quality advice and guidance for the world of work o Secondary Support o Qualifications o Pedagogy o Collaborative Learning o Additional Literacy and Numeracy o Regional support for Modern foreign languages (Global Futures/Primary) o Links with LA officers o Facilitate School to School support o Education Workforce Council links Supporting the development of school leadership at all levels including affording opportunities for emerging and senior leaders to develop their experience and expertise through assignment and secondment to other schools, and commissioning and co-ordinating the provision of professional learning and development programmes Ensuring the effective delivery in all schools and pupil referral units of national frameworks to support Welsh Government policy and strategy frameworks and co- ordinating and quality assuring the provision of professional learning and development to achieve this Aligning Welsh Government and local strategies across the partnership to raise standards and ensuring the provision of high quality professional development offering relevant professional learning for practitioners Working with the Authorities to ensure that their plans develop ensuring the alignment of the Welsh in Education Strategic Plans (XXXX) across each Council to achieve consistency in the development of excellence in education in both the Welsh-medium and bilingual sectors and also in the delivery of Welsh as a second language Providing and enabling strategic vision, focused leadership at a regional level and guidance, advice and focus to work supporting all aspects of school improvement. Leaders of the three Councils The Joint Committee has ultimate responsibility and accountability for decisions taken in relation to the operation of the PARTNERIAETH. The Joint Committee’s functions shall include: (a) Implementing appropriate governance structures for the PARTNERIAETH. (b) Developing and implementing the strategic planning for the PARTNERIAETH to include approval and adoption of the Business Plan. (c) Overall responsibility for the performance monitoring. (d) Approving the Annual Budget and the statement of accounts, agreeing the basis on which the Annual Budget will be funded and any change to the basis for calculation of each Council’s Contribution to the Annual Budget. The approval of the first Annual Budget shall be a matter reserved to the Councils in accordance with Schedule 8. All subsequent Annual Budgets will be approved by the Joint Committee on the proviso that the approval shall not result in any Annual Budget exceeding the previous years Annual Budget by more than 5 %. (e) Approving the internal audit plan, internal audit charter and receiving the Head of Internal Audit annual assurance option. (f) Receiving external audit reports, including the audit of accounts report (ISA 260) (g) Approving the annual governance statement (h) Appointing the Lead Council for each of the Functions (i) Responsibility for resource allocation and ensuring optimal staffing levels to achieve the Objects. (j) Appointing the Lead Officers as required by clause 10.11. (k) Appointing (in consultation with the Strategic Group) the PARTNERIAETH Lead Officer. (l) To receive and consider reports and recommendations from the PARTNERIAETH Lead Officer, the Strategic Group or the Joint Scrutiny Councillor Group. (m) Strategic communications. (n) Subject to the prior approval of the Councils, receiving and considering Withdrawal Notices and approving the Liabilities Schedule for a withdrawing Council.

Discretion of the Councils. The discretion of any Council shall not be fettered or otherwise affected by the terms of this Agreement. THE COMMON SEAL OF the Carmarthenshire County Council was hereunto affixed in the presence of THE COMMON SEAL OF the Pembrokeshire County Council was hereunto affixed in the presence of THE COMMON SEAL OF the Council of the City and County of Swansea was hereunto affixed in the presence of 1. Each Council will retain statutory accountability for school performance and the exercise of statutory powers of intervention and organisation of schools. They will not duplicate the work or activities of the PARTNERIAETH. 2. The PARTNERIAETH will nominate a senior officer to liaise with each Council's relevant Lead Officer who shall jointly agree on the scope and frequency of their meetings having regard to issues requiring attention. 3. The Councils' responsibilities will include: a) recommending a Lead Director of Education, for approval by the Joint Committee, to act as the main point of contact with the PARTNERIAETH. b) arranging for its lead school improvement officer to work collaboratively with the dedicated strategic lead/senior adviser appointed by the PARTNERIAETH. c) discussing with the PARTNERIAETH their respective roles, functions and actions with a view to avoiding duplication of effort and, in particular, each Council shall share with the PARTNERIAETH information relating to the overall vision and social and economic development priorities for their areas, having particular regard to issues that are likely to affect schools. 4. Councils will monitor progress of schools in their area through their member-level scrutiny arrangements 5. Each Council's scrutiny committee for children's and education services will meet at least once a year to consider performance and progress in their schools such meetings to be attended by Council and PARTNERIAETH staff equipped to answer questions 6. Each Council shall cooperate with and support the Joint Scrutiny Councillor Group in the scrutiny of the work of the PARTNERIAETH. 7. Councils shall provide the PARTNERIAETH with access to relevant data systems including anonymised data sets on pupil performance where these are held at local authority level. 8. Councils and the PARTNERIAETH shall jointly consider recommendations on statutory school interventions and, in the absence of exceptional circumstances, will implement them in accordance with agreed protocol. 9. Each Council undertakes to act reasonably in their expectations of PARTNERIAETH staff and resources and agrees that staff shall not be required to spend a disproportionate amount of their time on reporting and scrutiny work. Effective partnerships and collaboration only become truly effective when they are underpinned and enclosed by shared values and principles. They allow trust and mutual understanding to develop within a safe environment. Inclusivity- the PARTNERIAETH needs to ensure that all Councils are involved and included in the decision making, accountability and performance management process of regional working. Accountability- Robust quality assurance and accountability processes must be established. This should include a value for money element. Accountability is the responsibility of all partners and processes should ensure that every Director is equally involved – this leads to collective responsibility and should secure high quality provision. Open and honest, Transparency, agility, subsidiarity Mutual trust- not unravelled by individuals or groups of individuals. • Equity and excellence go hand in hand. Location, deprivation or childhood experiences will not prevent learners from reaching their maximum potential • Learners in the Region will be resilient, imaginative, compassionate and ambitious – they will aim high and achieve their goals • The PARTNERIAETH will take pride in the job that it does and is ambitious for all of the schools and pupils in the region • The PARTNERIAETH is committed to ensuring effective learning and that all pupils reach their potential • The PARTNERIAETH celebrates and shares success • The PARTNERIAETH leads by example and inspires confidence in others • The PARTNERIAETH leads by example and drives continuous improvement, by asking how could this be done better • The PARTNERIAETH focuses on longer-term outcomes rather than short-term goals • Barriers and challenges are resolved promptly and success is celebrated • The PARTNERIAETH inspires others and continuously seeks innovative solutions. • The PARTNERIAETH effectively plans and anticipates change. • The PARTNERIAETH acts on opportunities. • The PARTNERIAETH recognises problems and implements solutions • Within the PARTNERIAETH, transparency, trust and honesty are a professional obligation • The PARTNERIAETH listens, reflects and prepares well and questions. • The PARTNERIAETH engages and supports each other by working together and developing a shared focus. • The PARTNERIAETH builds effective relationships with all stakeholders and partners. • The PARTNERIAETH recognises people’s contributions and achievements • The PARTNERIAETH focuses on sustainable progress and growth • All involved work together with each partner feeling valued, motivated, responsible and having the opportunity to contribute to the collective outcomes of the process; • The PARTNERIAETH is trustworthy and reliable • The PARTNERIAETH is able to adapt to changing priorities and seeks to create a positive and healthy working environment. • The PARTNERIAETH stands by difficult decisions and openly acknowledges errors. • The PARTNERIAETH challenges and confronts poor performance. o Deliver a genuine partnership with other local authorities and the region to build capacity o Share learning across the region to better support schools using consistent school improvement methodologies. o Deliver on a small number of priorities (the priorities will be agreed and reviewed annually by effective co-construction, collaboration and partnership working) o Maximise devolved funding to schools ensuring transparency on funding issues o Needs of all learners and schools in the collaboration are known and understood by partners and is at the centre of the work of the partnership o the strong relationship between the school and the Local Authority should be the basis of an integrated approach to school improvement. o exceptional quality, innovation and rigour in the delivery of agreed support services o good value for money o to work towards providing a fully bilingual serviceservice o a service led by the needs of schools and Local Authority priorities o Local employment and deployment of a school improvement team o Provide a secure central service which can encourage excellent people to commit to it, enabling funding to be delegated purposefully and provide higher levels of funding to reach schools as our key partners. o Be an acknowledged hub of excellence, led by securely employed, high level specialists, who are able to provide leadership and support for local, hub or other sub-regional groupings. o Be a partnership enabling the best use of intelligence about schools and the resources available to support improvement o Share learning across the region to better support schools using consistent school improvement methodologies. o Establish a consistent regional approach to reduce duplication, ensure fairness and equity for all schools and to demonstrate value for money. o Have a secure and effective model of governance to underpin a more responsive and innovative regional service which supports accountabilities that are shared between the regional and the local. o Develop a regionally formulated and agreed school improvement strategy to be delivered locally to ensure the best possible provision of school improvement to further improve learner outcomes The PARTNERIAETH will assign a dedicated strategic lead/senior adviser to link with each lead school improvement officer in each of the Councils to aid communication and integration. The PARTNERIAETH will ensure that there is sufficient expertise in the Central Team to manage the following matters effectively: a) progress of schools within the Region b) strategic planning and coordination of the professional learning service and performance management of its effectiveness in delivering the Objects c) strategic leadership of key themes of work such as leadership development, curriculum support, support for Welsh and any other function determined by the Joint Committee. d) in conjunction with the Councils, business planning including management of financial resources, risk management, human resource management of PARTNERIAETH staff and the procuring of services a) Functions of the PARTNERIAETH will include o Leadership programmes and professional learning on all levels throughout the workforce o Support for Schools Causing Concern/schools at risk of causing concern if required / Improving quality in our Schools o Implement and support Welsh Government Strategies and develop o Develop regionally formulated and agreed strategies o Cymraeg including Cymraeg 2050 o Enable schools to become effective learning organisations o Support for Digital learning o Professional learning for blended learning. o Equity and Wellbeing o Research and links with Higher Education Institutions o Provide good quality advice and guidance for the world of work o Secondary Support o Qualifications o Pedagogy o Collaborative Learning o Additional Literacy and Numeracy o Regional support for Modern foreign languages (Global Futures/Primary) o Links with LA officers o Facilitate School to School support o Education Workforce Council links Supporting the development of school leadership at all levels including affording opportunities for emerging and senior leaders to develop their experience and expertise through assignment and secondment to other schools, and commissioning and co-ordinating the provision of professional learning and development programmes Ensuring the effective delivery in all schools and pupil referral units of national frameworks to support Welsh Government policy and strategy frameworks and co- ordinating and quality assuring the provision of professional learning and development to achieve this Aligning Welsh Government and local strategies across the partnership to raise standards and ensuring the provision of high quality professional development offering relevant professional learning for practitioners Working with the Authorities to ensure that their plans develop ensuring the alignment of the Welsh in Education Strategic Plans (XXXX) across each Council to achieve consistency in the development of excellence in education in both the Welsh-medium and bilingual sectors and also in the delivery of Welsh as a second language Providing and enabling strategic vision, focused leadership at a regional level and guidance, advice and focus to work supporting all aspects of school improvement. Leaders of the three Councils The Joint Committee has ultimate responsibility and accountability for decisions taken in relation to the operation of the PARTNERIAETH. The Joint Committee’s functions shall include: (a) Implementing appropriate governance structures for the PARTNERIAETH. (b) Developing and implementing the strategic planning for the PARTNERIAETH to include approval and adoption of the Business Plan. (c) Overall responsibility for the performance monitoring. (d) Approving the Annual Budget and the statement of accounts, agreeing the basis on which the Annual Budget will be funded and any change to the basis for calculation of each Council’s Contribution to the Annual Budget. The approval of the first Annual Budget shall be a matter reserved to the Councils in accordance with Schedule 8. All subsequent Annual Budgets will be approved by the Joint Committee taking recognition of the current economic climate and pressure on the public sector in the applicable year, and on the proviso that the approval shall not result in any Annual Budget exceeding the previous years Annual Budget by more than 5 %. (e) Approving the internal audit plan, internal audit charter and receiving the Head of Internal Audit annual assurance option. (f) Receiving external audit reports, including the audit of accounts report (ISA 260) (g) Approving the annual governance statement (h) Appointing the Lead Council for each of the Functions (i) Responsibility for resource allocation and ensuring optimal staffing levels to achieve the Objects. (j) Appointing the Lead Officers as required by clause 10.11. (k) Appointing (in consultation with the Strategic Group) the PARTNERIAETH Lead Officer. (l) To receive and consider reports and recommendations from the PARTNERIAETH Lead Officer, the Strategic Group or the Joint Scrutiny Councillor Group. (m) Strategic communications. (n) Subject to the prior approval of the Councils, receiving and considering Withdrawal Notices and approving the Liabilities Schedule for a withdrawing Council.