Children, Families, Lifelong Learning and Culture Select Committee - Thursday, 12 September 2024 10.00 am

September 12, 2024 View on council website Watch video of meeting
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Summary

Surrey Council's Children, Families, Lifelong Learning and Culture Select Committee met to discuss a report from the Additional Needs and Disabilities: Parent/Carer Experience Task Group. The Committee unanimously endorsed the recommendations in the report. Following this the Committee received an update on the Education, Health and Care Plan (EHCP) Recovery Plan and the findings of the End-to-End Review of the EHCP statutory process. The Committee endorsed the recommendations in this report. The Committee then discussed a report on Children Not in School, reviewed and noted an Ofsted report on a Surrey County Council-run Children’s Home, and received a Performance Overview for the service.

Report of the Additional Needs and Disabilities: Parent and Carer Experience Task Group

The Committee discussed a report from the Additional Needs and Disabilities: Parent and Carer Experience Task Group that had been set up to understand the experiences of parents and carers of children and young people with additional needs and disabilities in Surrey.

The Task Group, chaired by Councillor Jeremy Webster, investigated:

  • How Surrey County Council (SCC) supports and communicates with parents and carers of children with additional needs.
  • The main causes of complaints made about the Council's support.
  • What constitutes good practice.
  • The barriers preventing the Council from providing good support.

The Task Group held four focus groups with parents and carers, reviewed complaints and appeals data, and discussed issues with a group of young people hosted by ATLAS, Surrey County Council case officers and managers in the Learners’ Single Point of Access (LSPA).

The focus groups identified several common themes relating to the experiences of parents and carers of children and young people with additional needs, including:

  • Lack of communication. Parents and carers frequently complained about poor communication from the Council, including not being kept informed of progress, not receiving responses to emails and phone calls, and experiencing frequent changes of caseworker.
  • Lack of understanding and empathy. Parents and carers often felt that Council staff did not understand their child’s needs, and that they were not listened to. They described feeling blamed, patronised, and disbelieved by staff.
  • Delays in the EHCP process. Parents and carers often experienced lengthy delays in the EHCP process, including delays in receiving assessments, delays in issuing plans, and delays in securing school places. These delays were often attributed to a shortage of resources, in particular a shortage of educational psychologists, and a lack of urgency on the part of the Council.
  • Poor quality EHCPs. In some cases, parents and carers complained that the quality of EHCPs was poor. Plans were often described as being vague, imprecise, and not adequately reflecting the child’s needs. This was attributed to a combination of factors, including a lack of understanding of the child’s needs, a lack of time to prepare plans, and a lack of expertise in writing SMART objectives.
  • Lack of appropriate school places. Parents and carers often struggled to find appropriate school places for their children, particularly for children with more complex needs. This was attributed to a shortage of specialist provision in the County, and a reluctance on the part of some mainstream schools to accept children with SEN.

The Task Group also highlighted the emotional and financial impact of the Council’s failings on parents, carers and their children, noting that many parents and carers had been driven to breaking point by the stress of trying to secure support for their children. They also noted that the Council’s failings were costing the taxpayer money, as parents and carers were increasingly resorting to legal action to secure their rights.

The Task Group made seven key recommendations, which the Committee endorsed.

Staffing and Training

  • (a) The Task Group recommended all staff working on the statutory EHCP process should have compulsory training from the Independent Provider of Special Education Advice (IPSEA) 1 in SEN legal obligations and from a charity like the National Autistic Society in neurodiversity and the needs of families.

  • (b) The Task Group recommended that the number of permanent customer-facing case officers be increased by 50% to 120, to help ensure EHCPs are both child-centric and timely. They noted that case officers currently had caseloads of around 200 families, which was considered too high.

  • (c) The Task Group recommended the case officer job description be revised to reflect the need for difficult and complex interaction with customers, ensuring recruitment is geared towards the needs of the role.

  • (d) The Task Group recommended that case officers be given a more thorough induction when they start work, including clear guidance on how they are expected to deliver the service, a full explanation of the SEND Code of Practice 2, and training on how to de-escalate aggression stemming from personal trauma.

  • (e) The Task Group recommended that a Level 3 qualification in SEND casework be made compulsory for all case officers, to be completed in their first 12 months, and that they be provided with appropriate study time to achieve this.

  • (f) The Task Group recommended that case officers be provided with therapeutic supervision to help them reflect on the impact of their work. They noted that case officers were often exposed to distressing situations, and that this could have a negative impact on their own mental health.

  • (g) The Task Group recommended that a new senior practitioner role be created for experienced and resilient case officers who display excellence in customer focus, to provide support and guidance to other case officers.

Communication

  • (a) The Task Group recommended that SEND case managers should be given training in a person-centred approach to support, to help them develop and spread good practice. They also recommended that case managers should be given more time to consider how to communicate with parents and carers in a way that avoids conflict.

  • (b) The Task Group recommended that the guide for parents and carers of children with additional needs and disabilities be updated to include a jargon-free explanation of the statutory EHCP process, and that it be distributed by schools and Member Services.

  • (c) The Task Group recommended that an easy-read version of the EHCP Governance Board (EGB) 3 Terms of Reference be produced, and that it be made available to parents and carers in good time before a panel decision is due.

Timeliness Monitoring

  • (a) The Task Group recommended that a system be developed to enable SEND case managers to monitor the response times of case officers to parents and carers, and that performance be reviewed monthly at Director level.

  • (b) The Task Group recommended that the number of ways in which parents and carers can contact case officers be reduced, and that communications be directed to a centralised database. This would allow communications to be distributed between colleagues, to cover when the recipient is not at work.

Quality Assurance

The Task Group recommended that all annual reviews due in the next 12 months be brought forward to the earliest possible opportunity, to help mitigate the decline in quality of EHCPs issued as part of the Recovery Plan.

Process

  • (a) The Task Group recommended that more opportunities be created for co-production with families, including checking with parents before the EGB makes a decision, to ensure that the Panel is aware of all the information that parents expect it to have.

  • (b) The Task Group supported the exploration of AI technology to help with internal administration and free up case officers to focus on relational work, but stressed that this should not be customer-facing. They recommended that a comparison of performance be carried out before and after the introduction of AI technology.

Dispute Resolution

  • (a) The Task Group recommended that a Tribunal Officer be appointed to familiarise themselves with case law and reflect on common causes of tribunals, to help determine quickly whether a case is worth pursuing.

  • (b) The Task Group recommended that a business plan be prepared to evidence the merits of extending the mediation and dispute resolution pilot scheme beyond 12 months.

Training for Schools

  • (a) The Task Group recommended that the Council lobby the Government to continue the Partnership for Inclusion of Neurodiversity in Schools (PINS) 4 project, and that it encourage more schools to take up the offer.

  • (b) The Task Group recommended that, when the PINS programme ends, neurodiversity advisers in conjunction with Family Voice Surrey-facilitated parent groups should continue to work with schools to upskill teaching staff in neurodiversity and inclusive education principles, and in the importance of engaging with parents and carers.

  • (c) The Task Group recommended that data on key indicators and outcomes of the PINS pilot scheme be collected and analysed, to make an evidence-based plea to the Department for Education to extend the scheme's funding beyond March 2025.

  • (d) The Task Group recommended that the achievements of the PINS pilot scheme be vigorously promoted among schools, and that families be involved in its promotion.

Education, Health and Care Plan (EHCP) Recovery Plan and End-to-End Review of the EHCP Statutory Process

The Committee then discussed a report on the Education, Health and Care Plan (EHCP) Recovery Plan and the End-to-End Review of the EHCP statutory process.

The Committee was informed that the Recovery Plan had led to significant improvements in the timeliness of EHCP needs assessments and annual reviews. The percentage of EHCPs issued within the statutory 20-week timeframe had risen from 16% in September 2023 to 72% in July 2024. The percentage of completed annual reviews had risen from 25% in July 2023 to 60% in August 2024.

However, the Committee was also informed that the quality of EHCPs had suffered as a result of the focus on reducing the backlog. Only 16% of EHCPs issued as part of the Recovery Plan were rated as good or outstanding in July 2024.

The End-to-End Review identified several areas for improvement, including:

  • Streamlining the EHCP process. The review found that the EHCP process operated across several different teams and services, and that there was a need to streamline the process.
  • Improving communication with families. The review found that families were not always kept informed of progress, and that there was a need for better communication.
  • Providing more support to SEND staff. The review found that SEND staff were under pressure, and that there was a need for more support, including more training, supervision, and opportunities for career development.
  • Ensuring the quality of EHCPs. The review found that the quality of EHCPs was inconsistent, and that there was a need for better quality assurance.

In response to the End-to-End Review, the Council has introduced a number of changes, including:

  • A central SEND leadership team to oversee change.
  • Increased staffing levels.
  • Improved training and supervision for SEND staff.
  • More consistent decision making.

These changes have supported the improvements realised in timeliness. However, the report stated that more work needs to be done to achieve a system in which case officers can consistently adopt a relational approach, through timely and informative communications and early dispute resolution, and produce high quality EHCPs. The report stated it would take 18 months to fully deliver the recommendations.

The Committee endorsed the recommendations in the report.

Children Not in School

The Committee then discussed a report on children not in school.

The report presented a fragmented and unsatisfactory picture of the legislative framework for supporting children not in school, particularly regarding children being electively home educated. Whilst the local authority has a responsibility for ensuring children receive a suitable education, many agencies are involved, often resulting in confusion about roles and responsibilities.

The report noted that around 7,165 children, or 4% of the school population in Surrey, were not in school, with the level of persistent absence amongst children with EHCPs at 35% and rising.

Of this 7,165, the Council tracked 205 children who may potentially be classed as Children Missing Education (CME) 5. These children are monitored for 28 days to confirm if they have a school place. If they are confirmed to be without a school place or other suitable educational provision, they are then classed as CME. The report identified 87 children as being CME.

The Committee heard that the number of children being electively home educated had increased considerably since the Pandemic. The report stated that in June 2024, 2,300 children in Surrey were recorded as being electively home educated.

The report stated that the Council was working to increase capacity to support children not in school, including by:

  • Establishing a dedicated CNIS service manager post to monitor and provide oversight for the 7,165 children not in school.
  • Expanding its in-house tuition service, Access to Education (A2E), to increase support from 200 to 270 pupils.
  • Increasing access to alternative provision through a Direct Purchasing System.

The Committee raised concerns about the lack of a national register for children who are electively home educated and the apparent lack of data on the long-term impact of missed education on children. They also raised concerns about children being allocated to schools that had said they were unable to meet the children's needs.

Kerry Oakley, headteacher of Carrington School in Redhill, explained her school had been allocated three pupils despite her informing the Council that the school could not meet their needs.

The Committee requested that the service:

  • Continue to monitor children not in school using data dashboards.
  • Ensure quality assurance processes are in place for alternative provision.
  • Develop a data dashboard to demonstrate positive outcomes for children accessing alternative provision.
  • Encourage multi-agency oversight of children not in school.
  • Monitor key performance indicators and identify actions to reduce the length of time children are not in school.
  • Investigate the long-term impact of missed education on children.
  • Investigate how many schools have been allocated pupils that they said they could not accommodate.

Children’s Home Ofsted Report

The Committee reviewed and noted an Ofsted report for a children’s home. The home had retained its Good status.

Performance Overview

Finally, the Committee discussed a Performance Overview.

The Committee noted that performance had improved in a number of areas, including the timeliness of EHCP needs assessments and annual reviews. However, they also noted that performance had declined in other areas, including the number of EHCP tribunals and the timeliness of Mindworks referrals. The Committee expressed concern about the increasing number of EHCP tribunals, which had doubled since July 2023. They were also concerned about the quality of EHCPs, noting that only 16% of EHCPs issued as part of the Recovery Plan were rated as good or outstanding in July 2024.

In relation to the performance of Mindworks, the Committee expressed concerns that referrals to Mindworks had increased by 49% between May 2023 and June 2024, at which point referrals were at 126% of commissioned capacity. The Committee was particularly concerned about the Neurodevelopmental Pathway, which is the service's most stretched pathway, noting the waiting time for a first appointment had risen to 266 days. They stated that they were not reassured that Mindworks was equipped to handle demand, particularly considering the impact of its decision to cease neurodevelopmental assessments.

The Committee also expressed concern about the number of social worker vacancies in Surrey, noting that the target of 80-85% permanent social workers was not being met. The current establishment of permanent social workers was 56%. They requested information on social worker vacancies in neighbouring local authorities to help them understand if Surrey is an outlier on this statistic.

The Committee noted that the recruitment of foster carers continued to decline.

The next meeting of the Committee will be held on 14 November 2024. The main item on the agenda will be transitions of children into adult health and wellbeing.


  1. The Independent Provider of Special Education Advice (IPSEA) is a registered charity that provides free and independent legally based information, advice and support to help get the right education for children and young people with special educational needs and disabilities (SEND). 

  2. The SEND Code of Practice is statutory guidance for organisations which work with and support children and young people with special educational needs and disabilities (SEND). 

  3. The EHCP Governance Board (EGB) is a panel that makes recommendations on whether children and young people should be assessed for an EHCP and whether to issue an EHCP.  

  4. The Partnership for Inclusion of Neurodiversity in Schools (PINS) is a Department for Education pilot programme that aims to improve the support provided by schools to neurodivergent pupils, in particular those with autism spectrum disorder (ASD), by providing schools with the support of a neurodiversity adviser. 

  5. A Child Missing Education (CME) is a child of compulsory school age who is not on a school roll and is not receiving suitable education otherwise than at school.