Hillingdon Council Cabinet Member and Officer Decisions
Policy on Supporting Schools in Financial Difficulty
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Democratic Services
Location: Phase II
Ext: 7655
DDI: 01895 277655
CMD No: 1199
To: COUNCILLOR SUSAN O’BRIEN
CABINET MEMBER FOR CHILDREN, FAMILIES &
EDUCATION
COUNCILLOR MARTIN GODDARD
CABINET MEMBER FOR FINANCE
c.c. All Members of th e Children, Families and
Education Select Committee
c.c. Abi Preston – Director of Education & SEND
c.c. Danny Doherty – Head of Children’s Finance
Date: 9 August 2024
Non-Key Decision request Form D
Policy on Supporting Schools in Financial Difficulty
Dear Cabinet Members,
Attached is a report requesting that a decision be made by you as an individual Cabinet
Member. Democratic Services confirm that this is not a key decision, as such, the Local
Authorities (Executive Arrangements) (Meetings and Access to Information) (England)
Regulations 2012 notice period does not apply.
You should take a decision on or after Monday 19 August 2024 in order to meet
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decision on the duplicate memo supplied and return it to me when you have made your
decision. I will then arrange for the formal notice of decision to be published.
Anisha Teji
Democratic Services
Title of Report: Policy on Supporting Schools in Financial Difficulty
Decision made:
Reasons for your decision: (e.g. as stated in report)
Alternatives considered and rejected: (e.g. as stated in report)
Signed ……………………………………………………… Date……………………..
Cabinet Member for Finance/ Cabinet Member for Children, Families & Education
Cabinet Member Report
Part 1 Public
Policy on Supporting Schools in Financial Difficulty
Cabinet Member(s) Cllr Susan O’Brien
Cllr Martin Goddard
Cabinet Portfolio(s) Cabinet Member for Children, Families & Education
Cabinet Member for Finance
Officer Contact(s) Abi Preston – Director of Education & SEND
Danny Doherty – Head of Children’s Finance
Papers with report Policy on Supporting Schools in Financial Difficulty
HEADLINES
Summary
New policy on Supporting Schools in Financial Difficulty
Putting our
Residents First
Delivering on the
Council Strategy
2022-2026
This report supports our ambition for residents / the Council of:
An efficient, well-run, digital-enabled council working with partners
to deliver services to improve the lives of all our residents
This report supports our commitments to residents of:
A Digital-Enabled, Modern, Well-Run Council
Financial Cost Not applicable
Relevant Select
Committee
Children, Families and Education Select Committee
Relevant Ward(s) Not applicable
RECOMMENDATIONS
That the Cabinet Membe rs approve the new policy for “S upporting schools in financial
difficulty” to enable schools to be supported to be financially sustainable.
Reasons for recommendation
Schools are increasingly finding it more challenging to operate within the budgets they are
provided. The Local Authority has a duty to support maintained schools to manage their schools
within budget as well as intervening when schools are in a declining financial position.
Cabinet Member Report
Part 1 Public
The Education Improvement service along with the finance service are working closely together
to ensure there is a clear framework for schools to understand how we will support schools and
what role the Local Authority has in helping schools to improve their financial position, including
the types of interventions that may be applied.
This new policy aims to outline the support available, how the teams will classify schools based
on their financial position and therefore what that support will look like. It also outlines the support
and challenge for schools where the financial position is declining and where there may be
concerns about the school or governing board’s ability to improve the financial position.
Alternative options considered / risk management
The other options are to:
1. Not have a policy which outlines the support and intervention for schools in
financial difficulties – this is not a viable option as schools are finding it increasingly
difficult to operate within the budget envelope provided. The risks would be high to the
Council as we would have less oversight of the position of schools’ budgets and a lower
level of influence to help them to reach a balanced budget. Schools would also not be
clear on the role the Council has in managing schools’ budgets and the powers of
intervention. The risk is, without clear guidance, schools will continue to increase their
deficits in the long term.
2. Adopt a different approach to the way we support our schools, to that outlined in
the policy – Education and Finance services must operate within the expectations of
the law and the statutory guidance for supporting maintained schools. The approach
outlined in this new policy is the most comprehensive and efficient manner by which
the teams can support schools in managing their budgets and having an impact on
lowering the levels of deficits. This, therefore, lowers the risk to the Council by choosing
to apply the new policy.
SUPPORTING INFORMATION
Current financial position of maintained schools
1. At the end of the 2023/24 financial year, there were eight schools who are in deficit. Of
this, seven are primary schools and 1 is a secondary school. This has been a declining
position for the last few years.
2. Currently the School Finance Team support schools individually with their budgets and
projections and advise them of the actions they need to take to lower the risk of a deficit.
By having a new policy, which schools will all have access to, they are able to understand
what the approach will be if their school is moving towards a deficit position and take part
in focused meetings with the leadership team (Headteacher, Finance Officer, Chair of
Governors) to have a coordinated approach to strategic planning and projections.
Cabinet Member Report
Part 1 Public
3. As the risk of more schools entering a deficit position is increasing, this is the optimum time
to have a policy in place, so schools know what to expect. This also ensures t here is a
robust strategic approach to managing school finances moving forwards.
Financial Implications
The Schools in Financial Difficulty policy is central to the financial governance and oversight which
we provide to our maintained schools as part of the financial responsibility for the Budget
delegated to the Board of Governors and Head Teacher.
Under the School Standards and Framework Act 1998 the authority is required to have
arrangements in place which set out the financial relationship between itself and the schools it
maintains. This is provided through the authorities’ Scheme of Finance Management & Control of
Maintained Schools, ’Finance Manual’ (implemented in accordance with the School and Early
Years Finance (England) Regulations 2024).
The policy provides a critical guide and control central to the Finance Manual to ensure effective
financial management to mitigate against or prevent schools going into deficit in the first instance
and / or to support schools in deficit to develop an effective recovery plan.
RESIDENT BENEFIT & CONSULTATION
The benefit or impact upon Hillingdon residents, service users and communities?
With a clear policy in place, residents ca n be reassured that their local schools are financially
sustainable and making the most effective use of resources. This lowers the risk of schools
requiring intervention, which can be disruptive for families. The policy aims to ensure there is early
intervention for schools who are in a declining financial position.
Consultation carried out or required
The draft policy was presented to the Schools Forum meeting on 2
nd July 2024 and shared with
members for consultation. Members were in support of a policy which outlines the process for
supporting schools in financial difficulties. They had two specific points of feedback:
• The policy mentioned a ‘task force’ and it would be helpful to have clearly defined what the
role is, who would be leading it and how it would be delivered.
• The policy referred to support costs being passed to the school, which did not seem
appropriate for a school already in financial difficulty, and the Forum observed that the LA had
a statutory duty to provide support to schools. Officers clarified that this would only apply if
specific resources needed to be bought in, and that costs would be agreed with the school
through the Head and Board of Governors beforehand. The rationale was that occasionally
specific external expertise might be needed to mitigate the deficit.
The policy has since been updated with appendix B which details the task force, as requested. A
discussion took place around the financial implications, and this was clarified with members.
Cabinet Member Report
Part 1 Public
CORPORATE CONSIDERATIONS
Corporate Finance
Corporate Finance have reviewed this report and concur with the Financial Implications set out
above, noting there are no direct financial implications associated with the recommendation in
this report.
Legal
There are no legal impediments to the recommendation set out within the report.
BACKGROUND PAPERS
• School Standards and Framework Act 1998
• Education & Inspection Act 2006
• Education Act 2002
• Schools and Early Years Finance (England) Regulations 2024
• London Borough of Hillingdon: Scheme of Finance Management & Control of Maintained Schools
TITLE OF ANY APPENDICES
Appendix 1 – Policy on Supporting Schools in Financial Difficulty
Appendix 2 – Schools Forum minutes 2
nd July 2024 (p4)
Policy on Supporting
Schools in Financial
Difficulty
2024- 2025
Policy on Supporting Schools in Financial
Difficulty
1. Purpose
1.1. The Policy is being implemented to provide greater clarity on the financial responsibility of the Board
of Governors and Heads of our maintained Schools. It is being introduced to address gaps in practice
which have emerged in recent years and in a climate where schools are facing the combined
challenge of spiraling costs and falling rolls.
1.2. The aim is to support schools to operate within a balanced budget on a sustainable basis. The priority
for the Policy is therefore to establish a clear and effective framework for how we support those
schools which are either in deficit or falling into deficit to recover.
1.3. The delegated Budget responsibility of the authority and the schools is set out in the School
Standards and Framework Act 1998 and Education & Inspection Act 2006.
2. Deficit
2.1. Schools are permitted to set a deficit budget if they meet certain conditions. This is termed a licensed
deficit. The conditions of a licensed deficit are set out in the Scheme for Financing Schools (the legal
contract the Council has with schools).
2.2. The conditions of a licensed deficit include a requirement to have a robust plan to repay it within
three years. This will be closely monitored and reviewed by the Council during the period of the
deficit.
2.3. If the conditions are not met by the school, the Council has the power to issue a Notice of Concern,
which could lead to the removal of a school’s delegation.
3. Risk Oversight, Monitoring & Management Framework:
3.1. The diagram below sets out the detail of the arrangements for the Finance and Education
Improvement Teams to support the Governing Board and Headteachers to jointly oversee, monitor
and support with the preparation, management, and delivery of Deficit Recovery Plans. The
framework arranges Schools by risk and significance of deficit based on those with a:
1. Surplus (Green) and no risk
2. Reducing surplus trend to deficit (Amber)
3. Reducing deficit and trend to surplus (Blue)
4. Deficit which is significant and on-going over more than 1 year (Red)
3.2. The framework sets out nine risk scenarios providing the platform for how the authority will oversee,
monitor, and support. Each scenario details the steps which are required working jointly to monitor
the Budget and review where a school is in deficit or going into deficit. The details of how this will
operate to reduce, remove, and prevent a deficit are set out in the next section.
1 High level of Deficit with:
(1) Recovery Plan in place and delivering substantial year-on-year recovery.
(2) Ongoing review with School Improvement & Finance teams.
(3) Require licensed deficit to be approved by Cabinet in Autumn term
(4) Termly review with Head of Schools Improvement and Head of Finance
(5) Monthly reporting to Schools Finance to monitor deficit & progress on
recovery
(6) Continue to provide standard Quarterly financial returns to Schools.
Finance team
2 Increasing level of Deficit in-year
(1) Notify Schools Finance team
(2) Review with School Improvement & Finance teams & jointly prepare.
Recovery Plan
(3) Recovery Plan to be reviewed and signed-off by Director of Education
(4) Submitted for approval by Cabinet in Autumn term
(5) Termly review with Head of Schools Improvement and Head of Finance
(6) Monthly reporting to Schools Finance to monitor deficit & progress.
on recovery
(7) Continue to provide standard Quarterly financial returns to Schools
Finance team
3 Plan an Increased Deficit in the Budget for 2024/25:
(1) Notify the Schools Finance team
(2) Review with School Improvement & Finance teams & jointly prepare.
Recovery Plan
(3) Recovery Plan to be reviewed and signed-off by Director of Education
(4) Submitted for approval by Cabinet in Autumn term
(5) Termly review with Head of Schools Improvement and Head of Finance
(6) Monthly reporting to Schools Finance to monitor deficit & progress on
recovery
(7) Continue to provide standard Quarterly financial returns to Schools.
Finance team
4 Went into Deficit in 2023/24:
(1) Review with School Improvement and Finance team
(2) Jointly prepare a recovery plan
(3) Recovery Plan to be reviewed and signed-off by Director of Education
(4) Submitted for approval by Cabinet in Autumn term
(5) Termly review with Schools Improvement and Schools Finance team
(6) Monthly reporting to Schools Finance to monitor deficit & progress on
recovery
(7) Continue to provide standard Quarterly financial returns to Schools.
Finance team
5 Budget Plan for 2024/25 takes School into Deficit:
(1) Notify the Schools Finance team
(2) Review with School Improvement & Finance teams & jointly prepare.
Recovery Plan
(3) Recovery Plan to be reviewed and signed-off by Director of Education
(4) Submitted for approval by Cabinet in Autumn term
(5) Termly review with Schools Improvement and Schools Finance team
(6) Monthly reporting to Schools Finance to monitor deficit and progress.
on recovery
(7) Continue to provide standard Quarterly financial returns to Schools
Finance team
6 School goes into Deficit during 2024/25:
(1) Notify the Schools Finance team
(2) Review with School Improvement & Finance teams & jointly prepare.
Recovery Plan
(3) Recovery Plan to be reviewed and signed-off by Director of Education
(4) Submitted for approval by Cabinet in Autumn term
(5) Monthly reporting to Schools Finance to monitor deficit and
progress on recovery
(6) Continue to provide standard Quarterly financial returns to Schools.
Finance team
8 Low level of Deficit or one-off Historic / Legacy Deficit with:
(1) Recovery Plan in place and delivering year-on-year recovery indicating
balanced Budget within 3 year Plan cycle
(2) One-off Legacy Deficit kept on monitor and in consideration for any
one-off funding for Schools in Financial Difficulty
(3) Ongoing review with School Improvement & Finance teams.
(4) Require licensed deficit to be approved by Cabinet in Autumn term
(5) Monthly reporting to Schools Finance to monitor deficit & progress on
recovery
(6) Continue to provide standard Quarterly financial returns to Schools
Finance team
9 Budget Plan for 2024/25 shows a year-end surplus -
(1) Notify Schools Finance team
(2) Review with School Improvement & Finance teams & jointly prepare
Recovery Plan
(3) Recovery Plan to be reviewed and signed-off by Director of Education
(4) Submitted for approval of licenced deficit by Cabinet in Autumn term
(6) Monthly reporting to Schools Finance to monitor deficit & progress on
recovery
(7) Continue to provide standard Quarterly financial returns to Schools
Finance team
7 School with surplus:
(1) Surplus b/f, Budget Plan for surplus in 24/25 and remains in
surplus in -year
(2) Normal quarterly financial returns provided to Schools Finance team
4. Strategy to Support Schools in Reducing / Eliminating or Avoiding a Deficit
Support/requirements for schools setting a deficit budget:
4.1. As set out in the framework all schools planning to set a deficit must:
1. Notify the Schools Finance team of the deficit.
2. Arrange to u ndertake a joint review with the Schools Improvement and Finance team to
undertake a line-by-line check of resources , costs and variance analysis , benchmarking
comparison and highlight the underlying drivers for any remaining deficit.
3. Where a deficit remains, the review will move on to prepare a joint Recovery Plan and timescale
to restore a balanced budget.
4. Schools to s ubmit the Recovery Plan to the Director of Education for review and sign -off in
readiness to present to Cabinet during the Autumn term for approval of a licensed deficit.
5. Each school receives a letter from the Head of Education and Head of Finance by the end of
the summer term agreeing in principle their licensed deficit, setting out the conditions to adhere
to whilst in deficit, and highlighting any concerns or further work required.
6. For those schools in the High Scale & Ongoing Risk category (Red) the Heads of Finance and
Education Improvement will arrange to undertake a face -to-face review of the Recovery Plan
with the Headteacher and Governing Board on a termly basis . The purpose is to review,
challenge, and advise on the deficit recovery plan and progress in closing the gap and restoring
a balanced position as soon as possible. The first termly meeting will be arranged before the
end of October.
7. For those schools falling into the Reducing Surplus risk category with a ‘Trend to Deficit
(Amber) the Finance Business Partner and Education Improvement team will arrange to meet
on a termly basis and undertake a similar support, review, and challenge approach as outlined
in item 6 above.
8. In support of the Recovery Plan p rovide monthly monitoring reports to the Schools Finance
team highlighting progress together with any issues or challenges.
9. In addition, the school will continue to submit the standard Quarterly Finance returns to the
Schools Finance team and submit the 3-Year Budget Plan by 31 May.
4.2. Support for all schools:
• Regular communication about school funding and school budgets will be provided to school
leaders via weekly briefings and from the Schools Forum.
• Regular separate finance training courses for Governors, Headteachers, and school finance staff
are run throughout the year.
• All schools buying the accountancy service are provided with budget planning and monitoring
tools. These are available to purchase for schools not buying back. As part of a viable recovery
plan, any school with a deficit will be required to purchase this service as part of a comprehensive
system of support.
• Facilitate workshops for groups of schools on specific savings strategies, such as for alternative
staffing structures.
• Support the reorganizing of small and/or unviable schools. For example, help set up Multi
Academy Trusts, amalgamation (where appropriate), review admission numbers in schools and
support schools with discussing options.
5. Intervention for schools not meeting their deficit recovery plan.
5.1. The trigger points for intervention are as follows:
• A school’s deficit has grown (either by the end of the financial year or the following year’s
budget).
• The deficit repayment period increases.
• The monitoring meetings identify an unrealistic or high -risk deficit recovery plan without any
contingency plans.
• The monitoring process identifies that the school is not adhering to its recovery plan and the
deficit will potentially grow.
5.2. A “task force” will review the school’s budget and staffing structure and determine options to repay
the deficit and make recommendations. The task force will consist of Heads of Finance & School
Improvement, Place Planning, Finance Business Partnering and education teams together with DfE
/ ESFA recommended School Resource Management Advisers (SRMAs) where appropriate. SMRAs
are accredited sector experts who will complement and supplement the School, Finance and
Education Improvement teams providing peer-to-peer advice on using revenue and capital resources
to deliver the best possible educational outcomes for pupils.
5.3. If a school does not follow the recommendations made by the task force (or determine their own
realistic alternative), the “notice of concern” route will be followed. More details on the process of
intervention are in Appendix A. The organization and set -up of the Task Force approach, the
Governance, Operation and Resources are set out in the chart presented in Appendix B.
6. Management of the Strategy
6.1. The Director of Education & SEND and the Head of Finance will review the financial position of
maintained schools across the Borough termly to discuss latest projections, measures to lower
deficits and wider financial positions of schools.
6.2. School budgets will form part of the quarterly financial reporting to Cabinet.
7. Appendices
7.1 Appendix A – Process for Intervention
Appendix A
Process for Intervention
Background
The aim of the strategy to support schools in financial difficulty is to reduce the number of schools
in or at risk of being in deficit, and the cost of this activity should reduce in future years, as and when
schools become more effective in identifying efficiency, better value savings opportunities to ensure
a sustainable and balanced budget.
In the event that a school does not put in place and implement a robust deficit recovery plan or take
on recommendations made in the support meetings, the strategy sets out trigger points for
intervention and what this intervention will consist of – namely a task force to work on the school’s
deficit recovery. As this would be in addition to the previous support meetings, this cost should not
be borne by the local authority but by the respective school.
This note sets out the legal position and sets out in more detail the process for this element of the
strategy.
Delegation and Charging Schools
Part 2 of the School Standards and Framework Act 1998 requires local authorities to provide
maintained schools with a delegated budget share and gives the governing body of each school
delegated responsibility in managing their school’s budget share.
The Act requires local authorities to produce a Scheme for Financing Schools which deals with all
matters connected to financial delegation, and which complies with current school finance
regulations.
The strategy identifies clear trigger points when intervention by the authority becomes necessary to
support schools in deficit or going into deficit to establish a remedial action plan that will deliver a
balanced budget. This will require a task force to collaborate with the school to achieve the recovery.
Where a school in financial difficulty refuses to engage, fails to deliver the recovery plan, or plans to
overspend or remain in deficit , the authority may take the decision to withdraw the delegated
responsibility and implement arrangements to directly manage the school budget through a task
force.
The direct costs of the intervention support will be charged to the school particularly where schools
delay engagement and/or defer taking remedial action which puts the school further into deficit. The
plan of work and the costs will be agreed with the school where it continues to have delegated
responsibility for their budget.
The process for intervention and removal of delegated responsibility are set out below.
The Route to Removing Delegation
A Local Authority may issue a warning notice to Governors if there is a breakdown in the way a
maintained school is managed or governed and is likely to adversely affect standards of pupils’
performance. This includes a failure to oversee the financial performance of the school and make
sure money is well spent – one of the core strategic roles of a Governing Body. The notice must set
out:
1. The matters on which the concerns are based.
2. The action which the Governing Body is required to take to address the concerns raised.
3. The period within which the Governing Body must comply or secure compliance with that action.
4. The action which the LA is considering under one or more of Sections 63 to 69 of the Education and
Inspection Act 2006 or otherwise if the Governing Body does not take the required action.
5. A copy of the warning notice is to be sent to the head teacher and if applicable the diocese or
foundation, and a copy to the relevant RSC and to Ofsted. The local authority is expected to work
with their RSC to discuss where they judge that a warning notice is necessary.
The powers of intervention if the school does not comply with the warning notice are set out in
Sections 63 to 66 of the 2006 Function as follows:
• Section 63 – requires the Governing Body to enter a particular arrangement. e.g., to enter into a
contract for specified services of an advisory nature with a specified person.
• Section 64 – power to appoint additional Governors.
• Section 65 – power to appoint Interim Executive Board
• Section 66 – enables a local authority to suspend the governing body’s right to a delegated budget.
Schedule 15 to the SSFA provides another route for removal of financial delegation. The LA may
suspend a school’s right to a delegated budget where a school’s governing body has persistently or
substantially breached a requirement or restriction relating to its delegated budget, has not managed
its budget share satisfactorily or has not managed satisfactorily its expenditure or sums received in
the exercise of its power to provide community facilities and services under section 27 of the
Education Act 2002. The notice must specify the grounds for the suspension and the LA must give
the notice to the governing body and give the head teacher a copy of the notice at the same time.
The LA is required to review the suspension within a certain period (or may do so earlier if it wishes).
Strategy for Schools in Deficit - Intervention Process
In the unlikely event that a school does not engage with recovery of their deficit (following the initial
review and support meeting) and meets one of the trigger points set out in the strategy, the process
set out in the flow chart below is to be followed, which complies with the latest regulations.
The timescale given at each stage will need to be carefully considered in each case, to ensure the
school has reasonable time to put in place the actions, but that no time is lost in being able to recover
the deficit before it spirals out of control. It is suggested that this should be no more than two months.
The power(s) used if the final stage is reached will be determined with respect to the circumstances
at the school, and after discussion with the DfE – which may include removal of delegation.
Appendix B: Task Force – Governance,Operation & Resource
Legend:
Governance Operation Resource
1 2 3
View Decision / Minutes Text
Executive Decision Notice – 19 September 2024
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
OFFICIAL EXECUTIVE DECISION NOTICE
PUBLISHED BY DEMOCRATIC SERVICES
Notice is hereby given that the following decision(s) have been made today by
Cabinet Members at the London Borough of Hillingdon:
Title of decision Policy on Supporting Schools in Financial Difficulty
Reference No. 1199
Date of decision Thursday 19 September 2024
Call-in expiry date Thursday 26 September 2024
Relevant Select
Committee
Children, Families and Education Select Committee
Relevant Wards Not applicable
Decision made
Cabinet Members
making the decision
Councillor Martin Goddard – Cabinet Member for Finance
Councillor Susan O ’Brien – Cabinet Member for Children,
Families & Education
Decision Approved
That the Cabinet Members a pprove the new policy for
“Supporting schools in financial difficulty ” to enable
schools to be supported to be financially sustainable.
Reason for decision Schools are increasingly finding it more challenging to operate
within the budgets they are provided. The Local Authority has a
duty to support maintained schools to manage their schools
within budget as well as intervening when schools are in a
declining financial position.
The Education Improvement service along with the finance
service are working closely together to ensure there is a clear
framework for schools to understand how we will support
schools and what role the Local Authority has in helping schools
to improve their financial position, including the types of
interventions that may be applied.
This new policy aims to outline the support available, how the
teams will classify schools based on their financial position and
therefore what
that support will look like. It also outlines the
support and challenge for schools where the financial position is
declining and where there may be concerns about the school or
governing board’s ability to improve the financial position.
Executive Decision Notice – 19 September 2024
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
Alternative options
considered and
rejected
The other options are to:
1. n ot have a policy which outlines the support and
intervention for schools in financial difficulties or
2. a dopt a different approach to the way we support our
schools, to that outlined in the policy.
Classification Part I – Public
Link to associated
report
Here
Relevant Officer
contact & Directorate
Abi Preston – Director of Education & SEND
Danny Doherty – Head of Children’s Finance
Any interest declared
by the Cabinet
Member(s) /
dispensation granted
N/A
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officers?
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5pm on Thursday 26 September 2024
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Executive Decision Notice – 19 September 2024
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
Further information These decisions, where applicable, have been taken under The
Local Authorities (Executive Arrangements) (Meetings and Access
to Information) (England) Regulations 2012.
This is the formal notice by the Council of the above executive
decision, including links to the reports where applicable.
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