Councillor Phillip Brightmore having declared an interest in this matter left the Chamber during its consideration.

The Council considered a Minority Report in respect of ‘The Lyndale School’.

Councillor Paul Hayes formally moved the Minority Report which was seconded by Councillor Tom Anderson.

Councillor Phil Gilchrist then moved an amendment to the Minority Report, seconded by Councillor Dave Mitchell as follows:

“It be noted that the SEN Improvement Test as set out on Page 87 as Appendix 3 in the Consultant’s report did not fully set out paragraph 40 as set out in the Guidance Document, namely that:

‘…decision makers should make clear how they are satisfied that this SEN improvement test has been met, including how they have taken account of parental or independent representations which questions the proposer’s assessment’.

… was not included and that, therefore, the matter should be referred back to Cabinet so that they can fully set out how they have undertaken this assessment in the light of the guidance.”

The Head of Legal and Member Services advised the Council that it was possible for an amendment to be moved without notice as notice was only required in respect of amendments to Notices of Motion.

The Mayor then adjourned the meeting at 8.05pm whilst the amendment was circulated.

The meeting resumed at 8.15pm.

The Mayor invited the mover of the Minority Report to speak, followed by the seconder.

Councillor Gilchrist then spoke to his amendment and Councillor Tony Smith replied.

Prior to the vote on the amendment, Councillor Jeff Green and five Conservative Members rose to request a ‘card vote’.

A ‘card vote’ was then taken on Councillor Gilchrist’s amendment and the Council divided as follows:

For the amendment (27) Councillors T Anderson, B Berry, C Blakeley, E Boult, A Brighouse, C Carubia, P Cleary, Mrs W Clements, D Elderton, G Ellis, P Gilchrist, J Green, J Hale, P Hayes, A Hodson, K Hodson, M Hornby, S Kelly, D Mitchell, T Pilgrim, C Povall, Mrs L Rennie, L Rowlands, A Sykes, G Watt, Mrs P Williams and S Williams.

Against the amendment (33) Councillors R Abbey, M Daniel, G Davies, P Davies, W Davies, P Doughty, R Gregson, P Hackett, T Johnson, A Jones, C Jones, A Leech, A McLachlan, M McLaughlin, C Meaden, B Mooney, C Muspratt, S Niblock, T Norbury, M Patrick, D Realey, L Reecejones, D Roberts, J Salter, H Smith, PA Smith, W Smith, C Spriggs, J Walsh, S Whittingham, I Williams, KJ Williams and J Williamson.

One abstention – Councillor S Foulkes.

The amendment was therefore lost (27:33) (One abstention).

Prior to the vote on the Minority Report, Councillor Jeff Green and five Conservative Members rose to request a ‘card vote’.

A ‘card vote’ was then taken on the Minority Report and the Council divided as follows:

For the Minority Report (27) Councillors T Anderson, B Berry, C Blakeley, E Boult, A Brighouse, C Carubia, P Cleary, Mrs W Clements, D Elderton, G Ellis, P Gilchrist, J Green, J Hale, P Hayes, A Hodson, K Hodson, M Hornby, S Kelly, D Mitchell, T Pilgrim, C Povall, Mrs L Rennie, L Rowlands, A Sykes, G Watt, Mrs P Williams and S Williams.

Against the Minority Report (33) Councillors R Abbey, M Daniel, G Davies, P Davies, W Davies, P Doughty, R Gregson, P Hackett, T Johnson, A Jones, C Jones, A Leech, A McLachlan, M McLaughlin, C Meaden, B Mooney, C Muspratt, S Niblock, T Norbury, M Patrick, D Realey, L Reecejones, D Roberts, J Salter, H Smith, PA Smith, W Smith, C Spriggs, J Walsh, S Whittingham, I Williams, KJ Williams and J Williamson.

One abstention – Councillor S Foulkes.

The Minority Report was therefore lost (27:33) (One abstention).