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

The committee endorsed all of the recommendations of the Additional Needs and Disabilities Task Group, and agreed to ask the Cabinet to reconsider its stance on refusing to assess children for an EHCP. It also endorsed the recommendations relating to Children Not in School, albeit with a request for an additional recommendation to be added to better represent the needs of children with SEND who are not in school. It noted the Ofsted report for a children's home, which retained its 'good' status.

Additional Needs and Disabilities: Parent/Carer Experience Task Group

Surrey's Additional Needs and Disabilities (AND) system is failing parents and children, particularly those who are autistic, or have Pathological Demand Avoidance (PDA). This was the main conclusion of the Task Group set up to understand how well Surrey County Council (SCC) supports parents and carers of children with additional needs.

The main sources of concern for the 25 parents and carers who took part in a series of focus groups, were as follows:

  • Communication: In particular not being updated, emailed or phoned back, which contributed to parents and carers feeling as though they were not listened to or involved in the process.
  • Timeliness: Delays in issuing plans and in getting assessments done, with the statutory 20-week timeframe frequently not being met.
  • Quality of Education Health and Care Plans (EHCPs): Plans were reported to lack clarity and precision; measurable targets were not always included; and sometimes they even had basic errors.
  • Knowledge of SEND: There was a belief that teachers (and also SENCos and Local Authority officers) lacked sufficient knowledge of autism and PDA.
  • Lack of appropriate places: A lack of specialist places, particularly for autistic girls, meant that even with an EHCP, a child's needs were not always met.

The key areas of concern for the parents and carers were corroborated by a survey of councillors on their casework, and by an internal audit of case officers' communications.

The Task Group's recommendations, which were endorsed by the committee, aim to make the system more person-centred and better address these issues. These are the key ones:

  • Staffing:
    • Increase the number of permanent customer-facing case officers by 50% to help ensure timely and child-centric EHCPs.
    • Make the NASEN level 3 qualification mandatory to ensure staff have a thorough understanding of the SEND Code of Practice and the legal framework that governs the process.
    • Create a new senior practitioner role for those with lived experience, who can move around the county sharing their expertise.
  • Communication:
    • Improve communication with families by training case officers in a person-centred approach, and holding face-to-face meetings whenever possible.
    • Ensure that communication plans reflect parental preference (e.g. not all parents want to be informed if there’s no news).
    • Distribute a guide for parents and carers that clearly explains the EHCP process and the roles of different officers.
  • Training in schools:
    • Encourage schools to continue the Partnership for Inclusion of Neurodiversity in Schools (PINS) programme and share its successes with schools, once the government funding for the pilot ends in March 2025.
    • Upskill all school staff in autism and PDA, particularly the needs of girls who mask, and provide training in mental health.

There was some discussion around the refusal to assess cases for an EHCP, with only 2% of decisions in Surrey being fully upheld at tribunal.

When you've got professionals have told them this child's autistic and they said we don't need to assess and the school has said we can't teach this child, somebody in an education department who isn't a teacher and who has never met that child is saying we don't need to assess it because we know that that will put it on for another year.

It was suggested that the money spent on tribunals – on average 98% found in favour of parents – would be better directed into education and that all children should be assessed at statutory school age.

EHCP Recovery Plan and End-to-End Review

Since a low of 10% of EHCPs being issued within the 20-week statutory timeframe in December 2023, timeliness has now improved to 72%, with over 900 backlogged assessments being cleared. This was achieved through an investment of £15 million, agreed by the Cabinet in the summer of 2023, which enabled additional staff to be recruited to support the recovery plan.

I'm glad that you acknowledge Chairman that the huge progress that has been made in achieving a really commendable level of timeliness. We certainly want to be in or around 70 percent now and ultimately you know the ambition is that except in very very few exceptions every plan should be done within the 20-week limit, wherever feasible. - Councillor Clare Curran

There are concerns, however, about the quality of plans being produced, with an audit in June 2024 identifying only 16% were rated as good or outstanding. The committee heard how focusing on reducing the backlog of assessments had reduced the quality of plans, with the voice of the child in particular not being adequately captured.

I take the point, and I'm, you know, what Rachel is saying, that the improvements, you know, are being looked at in the system, and, you know, the improvements in the HCPs and the issuing of that. But that seems to be at the detriment of other things, of escalating tribunals, of annual reviews. You know, we're only doing about, I think it's something like 55 percent of annual reviews. So whilst things are improvement, other things seem to seem to be knocking off at the other end of the system. - Councillor Liz Townsend

In addition to the recovery plan, the service has been carrying out an end-to-end review of the EHCP statutory process since May 2023. This has involved over 720 interactions with stakeholders, and highlighted the need to address cultural issues of a lack of trust and siloed working. The number of case officers has increased from 81 to 126, and several internal changes have been made to streamline the system. The service anticipates the review, and associated implementation of the actions that come from it, will take a further 18 months to complete.

So I think it is early stages. Certainly the majority of them address areas which are already part of the improvement plan, and so drawing them into the improvement plan does add value where they don't currently align with the improvement plan. - Rachel

The committee heard from Kerry Oakley, head teacher of Carrington School in Redhill, how she had experienced improvements since the end-to-end review began, including better communication from her allocated case officer. There were still areas of concern, however. She was unaware that schools could apply for additional funding when they had been directed to accept a child for whom they had expressed concern about meeting their needs. The committee was surprised that this was the case, and it was agreed that the service would investigate.

I'm absolutely astonished absolutely astonished that it has never happened and how many schools is this happening to incredible - Fiona Davidson

Children Not in School

There are 7,165 children not in school in Surrey, 4% of the school population. Of these, 87 are classified as Children Missing Education (CME), which means that the Local Authority is not aware of their whereabouts.

Obviously we know that um it is widely accepted that for a child being at school is a really protective factor strong families good schools are really important protective factors for children and so when children are not at school i think it's right that we're concerned not only are they missing um an education provision but also there are really there can be significant safeguarding concerns when children are not at school and we don't necessarily know where they are. - Councillor Clare Curran

This is broken down as follows:

  • Permanently excluded: 221
  • Missing Education: 87
  • Educated Otherwise than at School (EOTAS) [^2]: 100 [^2]: EOTAS is the provision of education to a child outside of school. This can include home tuition, online learning, or learning at a different location, such as a hospital or a prison.
  • Severely absent: 2,287
  • Electively Home Educated (EHE) [^3]: 2,300 [^3]: EHE is the education of a child at home by a parent or carer. It is a legal option for parents in England, and there is no requirement for the child to follow the National Curriculum.
  • Medically unfit: 53
  • Part-time provision: 794
  • Alternative provision commissioned by the LA: 371
  • Alternative provision commissioned by schools: 747

The committee heard how Surrey has been making use of a range of sources to track pupils not in school, including the national Get Information About Pupils (GIAP) database, attendance data from schools, and information from hospitals and other partners.

So we we give them reasonable time to move into the county identify school and register but then if not they formally become a child missing education - Sandra Morrison

Surrey has also been proactive in trying to support those who are electively home educating, with home visits being carried out to ensure the child is receiving a suitable education. As a result of these visits, 41 children were supported to return to school last year. 21 parents who were not deemed to be providing a suitable education were issued with a School Attendance Order, 16 of which were subsequently prosecuted.

So in terms of the 87 that you've quoted that's our children missing education number that is a that's a fluid number because the the data changes almost daily as we're finding school places for children etc and and new children coming in - Kelly Lancashire

The committee expressed concern about the number of children who are severely absent, particularly those who have an EHCP. They were informed that this is partly due to the rise in anxiety experienced by children post-COVID. The committee heard how schools are developing more flexible ways of supporting pupils, such as alternative entry points to school, and are making greater use of restorative approaches to behaviour.

Children’s Homes - Ofsted Reports

The committee noted the Ofsted report on a Surrey County Council-run children's home in Reigate, which retained its ‘good’ status.

Performance Overview

The committee noted the performance overview at its pre-meeting. Some areas of concern were identified. These included an increase in the number of EHCP tribunals, and an increase in waiting times for a first appointment with MindWorks on its neurodevelopmental pathway. The committee also expressed concern that only 56% of social worker roles are staffed by permanent workers.