Maintained nursery schools FAQ

Maintained Nursery Schools Policy

How does the presumption against closure operate in practice for Maintained Nursery Schools (MNSs)?

The guidance sends a clear message to local authorities that they should think very hard before considering MNS closure. Indeed, that they should presume that MNSs will always stay open unless there is a very good reason to close them.

As they look to reorganise provision, where MNSs are involved, the local authority will have to satisfy itself on the stringent hurdles set out in the guidance before advocating any MNS closure.

How is the presumption against closure considered by adjudicators?

In the (now much less likely) event that a local authority decides to proceed with closure, the Schools Organisation Committee (SOC) or schools adjudicator which considers the case will, in effect, presume any proposals to close M\NS should be rejected unless the local authority makes a very strong case.

How can local authorities make a case for closure?

The extent to which local authorities can make a case for closure will depend, to some extent, on how far engaged the local authority is with the MNS and how far the MNS is actively involved in supporting the wider Sure Start agenda.

We are actively encouraging MNS to become children's centres (some are already Early Excellence Centres) which will strengthen their position.

What should LEAs consider under the presumption against closure when considering closure of an MNS?

Key points for consideration when LEAs propose closure of an MNS:

a) The quantity, quality, value for money and convenience to parents (in hours offered) of provision at the individual nursery school, and proposed replacement provision;

b) The impact of the potential loss to the locality of the nursery school’s experience and knowledge in delivering early years education;

c) Alternatives to closure, such as developing the nursery school to support the development of integrated services for young children and their families, including through Government programmes such as the Neighbourhood Nursery Initiative, Sure Start local programmes, Early Excellence Centres and children’s centres. We are working with a number of maintained Nursery Schools with a view to them becoming Neighbourhood Nurseries.

Do nursery schools have to hold annual meetings?

Nursery Schools have to hold annual parents meetings. Chapter 15 of the Guide to the law for community schools refers. These meetings are an important opportunity for parents to give their views on how the nursery is developing. LEAs should be advised that Governing Bodies (GBs) need to plan carefully of it. It is arguably of heightened importance in a nursery as the needs of very young children need to be taken into account within this context.

Do MNSs within integrated provision have to have a governing body?

Any integrated provision that includes an MNS is defined as a Maintained Nursery School and, therefore, will be required to establish a governing body (GB) by September 1st 2003 according to the regulations. Further guidance is available in the booklet ‘Laying the foundations'.

Do Maintained Nursery Schools have to have a teacher as the head teacher?

Yes. Under section 35(3) of the Education Act 2002, the teaching staff of MNS must include " a person appointed as head teacher"

Does Performance Management apply to MNSs?

It is the responsibility of the nursery school head teacher, whether or not employed under the terms and conditions of the School Teachers' Pay and Conditions Document, to implement performance management arrangements and ensure that performance reviews take place. The governing body should determine what those arrangements are to be by agreeing a performance management policy for their school, in consultation with staff. It would also be the duty of the governing body to ensure performance management was being implemented, whether by the head teacher or an interim head teacher. It will remain the responsibility of the LEA to ensure that the performance of teachers is reviewed in accordance with the regulations.

How many governing bodies can a governor serve on?

There is no limit to the number of governing bodies an individual can serve on. So, a governor who is currently serving on the governing bodies of two maintained schools will be able to serve on additional governing bodies if they wish, including on governing bodies of nursery schools.

How many people can be on the governing body?

The minimum number is 9 but the maximum is 20, not 10. Very detailed guidance was put together on this last year which is on governor net www.governornet.co.uk/. The title is "Statutory Guidance on the School Governance (Constitution) (England) Regulations 2003 - Maintained Nursery Schools version.

As long as the GB is quorate it can run with vacancies. The quorum is calculated in relation to the number of governor places filled (excluding vacancies).

What guidance is available to support governance for MNSs?

A booklet is available titled ‘Laying the Foundations, Guidance for Governing Bodies in Maintained Nursery Schools’. There is also a DVD and Video available that compliment the booklet.

All of the above guidance can be purchased from Prolog on 0845 6055560 by quoting the following reference numbers:

Booklet ref: DFES/0425/2003
Video ref: DFES/0485/2003
DVD ref: DFES/0478/2003

Is there a governance website?

I would like to take this opportunity to refer you to the governance website, www.governornet.co.uk/.

The Forum for Maintained Nursery Schools also has an excellent website, www.early-education.org.uk/.

What is the forum for Maintained Nursery Schools?

The head teacher of the forum is Pauline Trudell an experienced head teacher. The forum was set up in 2000 to support the Maintained Nursery School sector. 12 representatives (head teachers) attend forum meetings and feed regional concerns back. The forum website hosts an excellent discussion board. The forum also informs governance policy and facilitates a number of regional events including national conferences for the MNS sector.