Agenda and minutes

A webcast of the meeting can be viewed at here.

The minutes of the meeting held on 7 November 2023 were taken as read, confirmed and signed.

The Chief Executive reported that two questions had been received under Standing Order 35.

Question asked by Mrs Sue Whiting:

“Could the Chair please state:

a)    How many children, currently in Year 6, with an EHCP, working below Year 5 expectations, have been allocated a mainstream place for Year 7 in September 2024?

b)    How many children, currently in Year 6, with an EHCP, working below Key Stage 2 expectations, have been allocated a mainstream place for Year 7 in September 2024?

c)    How many children, currently in Year 6, with an EHCP, have not been allocated a placement or provision (Mainstream or Specialist) for Year 7 in September 2024?”

Response by the Chairman:

a)    There are 428 Year 6 children with an EHCP. The Service is working to ensure all Year 6 children have a named place by 15 February 2024 transfer deadline. The information about curriculum levels is held within the schools.

b)    There are 428 Year 6 children with an EHCP. The Service is working to ensure all Year 6 children have a named place by 15 February 2024 transfer deadline. The information about curriculum levels is held within the schools.

c)    As of 18 January 2024, there are 224 Year 6 children with an EHCP that do not have a named placement. The review and placement teams are working through the 224 cases to allocate a place by the 15 February 2024 phase transfer deadline.

Mrs Whiting asked the following supplementary question:

“Thank you for the response, especially the numbers in part C. I specifically asked in question A, how many children had been working below Year 5 had not been allocated a mainstream space, and in B, the same question relating to how many children had been working below key stage 2. The answer seems to be the same for both, so I am not sure whether there are 428 Year 6 children with an EHCP with a place by 15 February who are working below Year 5, or whether there are another 428 children who are working at Key Stage 1. If the information for curriculum level is held with the schools, how can the EHCP’s provision be accurate and appropriate?

At the invitation of the Chairman, the Director of Children and Family Services responded that there was a total of 428 children in Year 6 who had an EHCP. The Department were working through all of those children to ensure that they had a named place by the 15 February deadline. In terms of curriculum levels, the EHCP included all information on children, including attainment details. However, the Department would need to look at each of those 428 plans in order to answer the question. Children were allocated with a place by looking at the EHCP to understand what the child’s needs were. The Department had the information available when it looked at individual children in order to place them, then the detail of curriculum level was held at a school level.

Question asked by Mr David Warwick:

“Given the TSIL FAQs state that in 2022 ‘we spent more than the Government (High Needs) grant by £10.8m’, and in March 2022 the Department for Education signed a £19.5m contract with consultancy firm Newton Europe to address this. Could you please advise:

a)          Why has Leicestershire County Council spent over £10 million on high-cost dubious value private SEN provision (ISP) in 2023 and why has the Council failed to make any progress to meet its legal obligations to process Education, Health and Care Plans (EHCPs) in the required 20 weeks?

b)          How does the  ...  view the full minutes text for item 46.

The Chief Executive reported that no questions had been received under Standing Order 7(3) and 7(5).

There were no urgent items for consideration.

The Chairman invited members who wished to do so to declare any interest in respect of items on the agenda for the meeting.

No declarations were made.

There were no declarations of the party whip.

Medium Term Financial Strategy 2024/25 – 2027/28

The Committee considered a joint report of the Director of Children and Family Services and the Director of Corporate Resources which provided information on the proposed 2024/25 to 2027/28 Medium Term Financial Strategy (MTFS) as it related to the Children and Family Services department.  A copy of the report marked ‘Agenda Item 8’ is filed with these minutes.

The Chairman welcomed Mrs. D. Taylor CC, Lead Member for Children and Family Services, to the meeting for this item.

Service Transformation and Revenue Budget

i.            The Director emphasised that increased financial controls, which the Council had introduced around recruitment, procurement and non-essential spend in order to address the Council’s funding gap, were in addition to the financial controls the Department had in place for a number of years. Members noted that all financial controls would be reviewed on an ongoing basis.

Growth

ii.          Members noted that 135 individuals over the age of 18 were being cared for by the Council and that this was funded through the Unaccompanied Asylum-Seeking Children (UASC) budget. The Council supported these individuals as they were classed as care leavers. Some of these young people had not yet had their asylum claim processed by the Government, and therefore could not work, claim benefits, or live independently. The Cabinet Lead Member for Children and Families had written to the Secretary of State to seek a resolution as the situation would continue to negatively impact lives and contribute to the financial growth pressure in relation to the UASC budget.

Savings

iii.         The Director confirmed that 23 in-house placements would be created over the next five years through the Children’s Innovation Partnership (CIP) with Barnardo’s which it was anticipated would reduce reliance on the private sector The aim was to build homes in Leicestershire so that children and young people in care could continue to live within their communities.

iv.         In response to a question relating to whether CIP would be expanded to further reduce reliance on the private sector, if the expected savings were made, the Director explained that CIP would continually review the roll-out of homes in order to reduce costs and support children with complex needs through in-house placement provision.

v.          In response to concern relating to the demand for tribunals within the SEND Service, the Director explained that a saving of £0.1m in 2025/26, rising to £0.4m by 2027/28, had been identified as part of the Transforming SEND and Inclusion in Leicestershire (TSIL) programme, which was likely to result in longer term reduction in demand. The TSIL programme would aim for children and young people to be placed within the correct provision at the correct time, and for a greater level of engagement with parents, carers and schools, which was anticipated to reduce the number of tribunals and as a result would have a reduced cost to the Service.

vi.         The Director assured members that the Department had undertaken analysis on tribunals and that in the majority of cases a tribunal had been requested due to parents or carers having not agreed with a decision the Council had made relating to specialist provision or an EHCP (Education, Health and Care Plan). Members noted that the Council was responsible for its own costs associated with the tribunal process and that parents would be responsible for the cost of seeking independent advice. The Director acknowledged that the Department needed to find ways to work with parents differently to avoid tribunals, including earlier engagement, improved mediation and conflict resolution.  Members noted that delays experienced within the system would result in complaints  ...  view the full minutes text for item 52.

The Committee considered a report of the Director of Children and Family Services which provided an update of the Transforming SEND and Inclusion in Leicestershire (TSIL) programme. It set out progress and achievements to date, next steps, as well as an overview of the High Needs Block financial position. A copy of the report marked ‘Agenda Item 9’ is filed with these minutes.

The Chairman welcomed Stephen Knight and Ashley Page from Newton Europe to the meeting for this item.

Arising from discussion, the following points were raised:

      i.         Concern was raised relating to a 54% increase in the number of children and young people requiring an Education, Health and Care Plan (EHCP) in Leicestershire. This was larger than that in England (38%), and in the East Midlands (32%). The Director advised that there were many reasons for this, including legacy decision making, which had led to issues with sufficiency within the system. There was also a position whereby some schools were focussing on EHCP’s in order to bring in funding. Moving forward, the TSIL programme would aim to put in place EHCP’s for the correct reasons which would aim to narrow this gap and subsequently reduce associated costs.

     ii.         The TSIL programme would focus on the evidence and data from diagnostic work to improve services for children with special educational needs and disabilities. Whilst it would be difficult to track and monitor intervention, it was clear that early intervention, particularly for early years children, often had the best impact. The Department would also focus on data, and regularly assess decision making and communication methods, throughout the EHCP assessment process. Members noted that the benefits of the programme would aim to benefit children and reduce costs.

    iii.         Concern was raised that there had been a lasting impact from Covid in children. There had been reports which had indicated a lack of social interaction amongst children, as well as an increasing number of children and young people struggling with mental health and being involved in crime. The Director assured members that these children would be supported through the Inclusive Practice Toolkit, the Secondary Education and Inclusion Partnership, and through work on Elective Home Education.

RESOLVED:

That the update on the Transforming SEND and Inclusion in Leicestershire (TSIL) programme, including progress and achievements made to date and next steps, as well as an overview of the current High Needs Block financial position, be noted.

The Committee considered a report of the Director of Children and Family Services which present the draft Leicestershire Children and Family Service’s Departmental Plan 2024 – 26, attached as an Appendix to the report, for comment and consideration. A copy of the report marked ‘Agenda Item 10’ is filed with these minutes.

Members noted the information provided within the report and the draft Leicestershire Children and Family Service’s Departmental Plan 2024 – 26.

RESOLVED:

a)    That the draft Leicestershire Children and Family Service’s Departmental Plan 2024 – 26 be noted;

b)    That the draft Leicestershire Children and Family Service’s Departmental Plan be presented to the Cabinet at its meeting on 9 February 2024.

The next meeting of the Committee is scheduled to take place on Tuesday 5 March at 2:00pm.

RESOLVED:

It was noted that the next meeting of the Commission would be held on 5 March 2024 at 14:00.