Agenda item

(To receive a report from Sheridan Dodsworth, Children's Services Manager, SEND, which provides the Schools' 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 (SEND), 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 2018/19; an update on mediation, tribunals and the SEND National Trial for Single Route of Redress; an update on the Building Communities of Specialist Provision strategy; and a summary of the Local Area Ofsted/CQC Inspection.

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

·         The National Context – The Forum was advised that in January 2019 there had been 354,000 children and young people (0-25) in England with an EHC Plan, this had been an increase of 32,400 (11%) from January 2018;

·         The Lincolnshire Context – The Forum noted that in January 2019 there had been 106,488 pupils on roll in Lincolnshire's maintained and academy schools; of these 16.16% were in receipt of some form of provision for their SEN requirements.  It was reported that unlike the rise in England, the number receiving SEN support had dropped from 13% to 12.9% in Lincolnshire; and that there had been more pupils with an EHC Plan, this figure had increased from 2.8% in 2018 to 3.26% in 2019;

·         Activity 0-25 years  - It was reported that there were 4,654 children and young people (0-25) with an EHC Plan; and that this had been a 2% increase from January 2018.  Full details relating to the activity for 0-25 years was shown on page 24 of the report.  Page 25 of the report provided details relating to placements for young people; and a table at the bottom of page 26 provided a breakdown of EHC Plans by Age Group;

·         It was highlighted that SEND remained more prevalent in boys than girls; and that in Lincolnshire, 16.09% of boys were on SEN support compared to 9.64% of girls; 

·         The Forum was advised that Lincolnshire was consistent with the national trend of Moderate Learning Difficulties (MLD) being the most commonly identified primary need overall. It was noted that Lincolnshire was higher in overall percentage of pupils with MLD at SEN Support, 30.97% compared to 24% of all pupils with SEN Support for MLD nationally.  It was highlighted that in Lincolnshire MLD had increased from 29.7% to 30.97%;

·         Annual reviews – The Forum noted that the number of Annual reviews out of timescale had reduced; however, at the start of the academic year 2018/19 there was still around 400 reviews to process.   It was noted further that this backlog was growing, and that the service was currently reviewing the capacity required ensuring that all elements of the SEND process were legally compliant.   It was highlighted that no additional funding had been allocated to LAs from central government to respond to the growing demands on the LA functions of SEN administration, assessment, co-ordination and monitoring.  The Forum was advised that it was a credit to Lincolnshire schools that they continued to undertake the Annual Reviews and alert the LA of any significant changes in a child's needs;

·         Special Schools – The Forum noted that a comprehensive review of Special Schools' pupil banding had been undertaken with Special School Leaders and that these  changes had come into effect from 2018/19;

·         Independent Non-Maintained Specialist Provision (Out of County) – It was reported that the number of Out of County placements had reduced over the last four years, and as at January 2019 there were 86 placements.  The Forum was also advised that in addition to Out of County placements in January 2019, there had been 44 children and young people placed in independent schools in Lincolnshire.  Overall, the net financial position on specialist placements made was broadly in line with the budget;

·         High Needs Block funding – It was reported that in 2019/20, the government was committed to providing LAs a minimum 1% gain per head of population from their baseline in 2017/18.  It was highlighted that in 2019/20, Lincolnshire was in receipt of £41 per pupil (or £5.776m) of protection funding when comparing the new national funding formula allocation to Lincolnshire's current High Needs block spending.  It was highlighted that one-off monies for High Needs announced by the Secretary of State in December 2018 in recognition to the financial challenges being experienced by LA had equated to funding of £1.533m for Lincolnshire;

·         It was highlighted that the DfE had launched a 'call for evidence' exercise on SEN funding, which the LA had encouraged schools to contribute to;

·         Mediation, Tribunals and the SEND National Trial – The Forum was advised that families had a right to appeal against decisions made by the LA in relation to: a refusal to assess; a refusal to issue a EHC Plan; the content of a EHC plan or the identified educational setting.  The Forum was advised further that Lincolnshire had been successful in resolving a number of issues through mediation; and that in 2018, only 20% of families that has chosen to go to mediation then went on to lodge an appeal to the First Tier Tribunal.  It was highlighted that this had significantly dropped from 2017, when 56% of families lodged an appeal to Tribunal after mediation.  The Forum was advised that so far in 2018/19 there had been 40 referrals for mediation (33 had gone ahead); of these only eight had been in relation to 'refusal to assess' and 28 had been in respect of the decision not to issue an EHC Plan.

The Forum was advised that a two-year National Trial had begun on 3 April 2018, which extended the powers of the SEND Tribunal.  It was noted that the new trial gave parents and young people new rights to request recommendations about health and social care needs and provision specified in EHC plans, in addition to the educational aspects, when making a SEND appeal.  Details relating to the policy aims of the trial and the number of appeals lodge under the Single Route of Redress were shown on pages 34 and 35 of the report;

·         Building Communities of Specialist Provision – The Forum noted that since the last annual report the 'Building Communities of Specialist Provision Strategy had been approved by the Executive in November 2018, which would be implemented over the next five years.  It was noted that once fully implemented, the strategy would provide for an integrated schools system where children and young people got the right health care and education, in the right place, at the right time, and as close as possible to where they lived; and

·         Local Area SEND Inspection by Ofsted and the Care Quality Commission - The Forum was advised that the LA had been delighted with the outcome of the SEND Area Inspection, as it had recognised the many strengths within the county; and the commitment by all partners to identify and meet the needs of this vulnerable group of young people.

During discussion, the following comments were raised:

·         Was there any reason why there were more EHC plans in Lincolnshire, and what was the growth area of SEND type of need, and whether there was any comparable statistical neighbourhood data?  The Forum was advised that it was difficult to compare with neighbours, as the data varied and was not always comparable.  The LA was aware of the increases in the previous year and the areas with the largest growth areas were in early years and 5-10 year olds.  It was highlighted that further details would be shared with the Forum before the October meeting;

·         One member highlighted that more early year pupils were now attending for longer; and whether there was access to any funding support.  Officers advised that this was an area that was currently being looked into; and

·         Whether there was enough Educational Psychologists.  The Forum was advised that there was a shortage and that the LA was currently using locums.

RESOLVED

That the Annual Report on Special Educational Needs and Disabilities presented be noted.