Agenda item

(To receive a report from Sheridan Dodsworth, Children's Services Manager, Special Educational Needs and Disabilities, (SEND), which provides the Forum with an annual update on Special Educational Needs and Disabilities (SEND) as required by the Schools' Forum Regulations)

Consideration was given to a report from Sheridan Dodsworth, Children's Services Manager, Special Educational Needs and Disabilities, which provided the Forum with an annual update on Special Educational Needs and Disabilities, as required by the Schools Forum Regulations.

The report provided the Forum with an update on activity within the county; an overview of the high needs costs throughout 2017/18; an update on the SEND Strategy Review; and an introduction to the SEND Tribunal Single Route of Redress.

In guiding the Forum through the report, the Children's Services Manager, Special Educational Needs and Disabilities made reference to:

·         The National Context – It was highlighted nationally that 14.4% of pupils with in receipt of some form of provision with SEND compared to Lincolnshire's percentage of 15.9% of the total pupil population;

·         The context in Lincolnshire – The report highlighted that in January 2018, there had been a 16% increase in the number of young people with a statement of EHC Plan from January 2017, and a 38% increase overall since the implementation of the SEND reforms in September 2014, when there had been 3,300 Statements of SEN.  It was highlighted that there were now 4,560 children and young people with EHC plans.  Further information relating to the Lincolnshire position were shown on pages 19 and 20 of the report presented;

·         It was highlighted that SEND remained more prevalent in boys than girls.  In Lincolnshire 16.3% of boys were on SEN support, compared to 9.7% of girls;

·         The Forum was advised that Lincolnshire was consistent with the national trend of Moderate Learning Difficulties as the most commonly identified primary need overall.  It was highlighted that Lincolnshire's Autistic Spectrum Disorder was now also the most commonly identified primary need for pupil's with an EHC plan.  Information relating to the number of pupils with SEN support or a statement/EHC plan by District was shown on page 22 of the report;

·         Schools' Funding  for pupils with SEND – It was reported that schools and academies continued to have through its delegated budget shares, a notional SEN funding allocation and that they were expected to contribute the first £6,000 towards a pupil who required SEN Support/Graduated Approach.  It was highlighted that higher level needs (top up funding) and targeted support provision remained outside of this notional SEN funding and that this was funded through the High Needs budget of the Dedicated Schools Grant.  A table on page 23 provided the Forum with information relating to High Needs Funding.  It was highlighted further that there continued to be a material growth in high needs costs being allocated to mainstream schools through top up and targeted funding; and that the latter was being reviewed as a result of the national funding formula being implemented;

·         Education, Health and Care Needs Assessments – It was reported that in 2017 the Special Educational Needs and Disability Service had received 695 requests for assessments.  This figure had increased by 15% from 2016.  It was reported that the SEND Service issued 95% of new EHC plans within the statutory timescale of 20 weeks.  It was reported further that in 2017, the service had made a decision not to undertake a statutory assessment under S36 of the Children and Families Act 2014 in 27% of cases referred (187).  It was highlighted that the England average for 'refusal to assess' decisions was around 28%.  The Forum was advised that Lincolnshire was 1% below the national average.  The Forum was advised further that in 2017 the most common reason for refusal to assess continued to be the lack of evidence;

·         Appeals to First Tier Tribunals – It was reported that in Lincolnshire there had been a significant rise in the number of appeals lodged with the SEND Tribunal from the first year of the SEND reforms in 2014/15.  The Forum was advised that in the academic year 2016/17, 45 appeals had been lodged with the First Tier Tribunal; and that this was a reduction, and equated to 4.25% per 10,000 school population.  The Forum was advised further that evidence for this academic year had indicated that far more cases were being resolved through case management.  In the first four months of 2017/18 academic year, 16 appeals had been lodged.  It was highlighted the service had been greatly assisted by the partnership working with the Lincolnshire Parent Carer Forum;

·         Special Schools – It was reported that following a comprehensive review of Special Schools' pupil banding, the Local Authority had worked with Special School Leaders to review the Special Schools'  funding formula with changes taking effect from April 2018 for 2018/19 following Executive Councillor approval.  It was noted that Special Schools funding had risen by £1.954m from 2017/18 to £27.731m as a result of the special schools funding formula agreed changes and place number review;

·         Hospital Schools – It was noted that Lincolnshire had two hospital schools and that the Local Authority had commissioned 13 and 70 places retrospectively in 2017/18.  It was noted further that the authority would commission the same number of placements for 2018/19;

·         Out of County Placements – It was highlighted that Out of County placements were only made when Lincolnshire schools had stated that they could not meet the special educational needs of a particular learner, or when all schools were full. It was highlighted further that Out of County placements had reduced over the last three years, at one point there had been 98 pupils in out of county provision, and that now there were 88.  The Forum however noted that costs had significantly risen, and for 2017/18, latest information was forecasting a provisional figure of £8.048m;

·         Independent School placement in Lincolnshire – It was highlighted that in addition to Out of County placements there were currently 42 children and young people place in independent schools in Lincolnshire; and

·         Reference was also made to the Building Communities of Specialist Provision: A Collaborative Strategy for Children and Young People with Special Educational Needs and Disabilities (SEND) in Lincolnshire.  The Forum was advised that this had been a collaborative process over the last two years and that the strategy had gone to public consultation for nine weeks from 8 January 2018 to 14 March 2018.     

In conclusion, the Forum was advised that there was an increasing number of young people aged 0 – 25 who required a higher level of support with their additional needs, which was an associated cost pressure for the High Needs Block of the Dedicated Schools Grant.  It was highlighted that it was hoped that the proposed Strategy for Special Schools in Lincolnshire would address the capacity issues; and the inequality faced by young people with additional needs who currently travelled great distances within the county.

During discussion, the Forum raised the following issues:-

·         The time period for parents when an EHC plan, was refused.  The Forum was advised that a further representation was able to be made every six months;

·         The need for the Local Authority to manage the High Needs pressures.  The Forum was advised that lobbying was taking place nationally regarding this matter due to the pressures being flagged by many Local Authorities;

·         The implications for providing mediation – It was reported that this had been a challenge as more staff had been employed; but it was highlighted that rewards were being seen as staff had grown in confidence. It was the felt that it had been the right thing to do for the family and for everyone involved in the process;

·         The Forum was advised that the number of Electively Home Educated SEN pupils had reduced by 1 over the last year.  It was noted that there was also young people receiving home tuition, which was different and was short-term.  Parents of home tutored SEN pupils were happy with their arrangements; but it was highlighted that these pupils would be in special schools if there had been enough places; and

·         Further information was requested regarding those cases not assessed.

RESOLVED

That the Annual Report on Special Educational Needs and Disabilities (SEND) be noted.