Agenda item

To receive an update on recent communication from the DfE regarding the new Alternative Provision (AP) free school, Flag Lane, Crewe.

The committee received an update on the proposed new Alternative Provision (AP) Free School at Flag Lane, Crewe, including recent correspondence from the DfE.

The DfE has paused AP free school projects nationally and had offered Local Authorities two options:

1.    Proceed with the DfE?led AP free school at Flag Lane, despite the absence of any confirmed delivery timescales; or

2.    Accept a £3.465m capital allocation, to be used instead for locally determined SEND and inclusion priorities within the refreshed SEND Strategy.

It was emphasised that officers had repeatedly sought clarity from the DfE on delivery timescales for the Flag Lane project but had been unable to secure a definitive response.  The deadline for the Council’s formal response to the DfE was 27 February 2026, and this must be issued by the Director of Children’s Services.

The committee asked questions and made comments in respect of:

·         The report stated that consultation was ‘not applicable’, which was felt inappropriate given the significance of the decision.  It was felt that local Councillors, the YES Trust and school leaders should have been consulted.

·         The report omitted information shared earlier in the meeting by the YES Trust representative around alternative delivery options.

·         The intended use of the £3.465m capital funding, the risk of losing funding if declined, and whether alternative sites had been fully explored.

·         The implications for the Council if a reply was not provided to the DfE by the stipulated deadline.

·         Disappointment with the lack of DfE engagement; the risks to vulnerable young people if AP provision was not delivered in Crewe were noted.

·         Outcome monitoring if capital funding was accepted instead.

·         The types of provision that the capital funding would support.

·         The high quality of the YES Trust’s work and strong support for expanding AP capacity in Crewe.

·         Concerns over indefinite delays if waiting for a DfE?delivered build, given previous experience with Westfields.

·         Potential exploration of alternative sites rather than treating the decision as binary.

·         Potential alternative use of the Flag Lane site.

·         Loss of a valuable opportunity if the capital funding was declined.

·         Delivery of AP provision in the south of the borough.

·         The decisions to be taken and the impact on timescales for delivering support to children.

In response, officers reported that:

·         This issue was first raised at the previous committee meeting and brought back promptly at Members’ request.

·         The Council was working strictly within DfE deadlines and the limited options presented.

·         There was no question or concern about the quality of provision delivered by the YES Trust; their work was valued.

·         Officers had engaged with the YES Trust, having met with them in December 2025.

·         The principal risk of proceeding with Flag Lane related to unknown and potentially significant abnormal costs, and the need to maintain the site at Council expense for an indeterminate period while awaiting DfE progression.

·         The £3.465m could support capital modifications within mainstream schools, enabling the creation of nurture spaces, resource bases, small?group rooms or alternative provision rooms, tailored to local need.  Schools would submit proposals; funding would not be spread evenly across schools.

·         Capital work would sit alongside development of the Inclusion Framework, workforce training and SEND improvements funded separately from revenue.

·         If the Council did not accept the capital funding by 27 February 2026, the DfE would assume the Council wished to proceed with the original DfE?led AP free school, placing the project back into an open?ended holding position.  This would result in a similar situation to that experienced with Westfields, with no guaranteed timescale.

·         Officers acknowledged the frustration being experienced but emphasised the need to make a decision based on the options currently available.

RESOLVED (By Majority):

That the Children and Families Committee

1.    Approve the acceptance of the alternative funding option of £3.465m (High Needs Capital Grant), offered by the DfE rather than continue with the planned Alternative Provision Free school.

2.    Delegate the authority to the Executive Director of Children’s Services, to formally respond to the DfE informing them of this decision to ensure compliance with DfE response timeline of 27 February 2026.

3.    Approve that the former Flag Lane baths site (Crewe) is no longer required for the purpose of a new free Alternative Provision School.