Decision

That the allocation of
£100,000 from the Local Authority’s Higher Needs
Provision Capital Allocations (HNCPA) be approved for the
implementation of the project for Brunel Academy to support the
implementation of the Children’s Services Torbay Special
Educational Needs and Disability (SEND) Strategy.

Reasons for the decision

·        
The Local Authority (LA) has a balance of almost £2m
uncommitted in its HNCPA allocation.

·        
The Education Act 1996 sets out a statutory duty on LAs to secure
sufficient school places, which they must do with regard to
securing special educational provision for children and young
people with special educational needs and disabilities (SEND) as
well as those requiring Alternative Provision (AP).

·        
The Children and Families Act 2014 places important statutory
responsibilities on LAs for supporting children and young people
with SEND, including keeping the sufficiency of educational
provision for them under review.

·        
To meet the capital costs associated with the provision of new
places or improvement of existing provision for:

o  
Children and young people with complex needs, who have Education,
Health and Care plans (EHCPs), and where appropriate other children
and young people with SEND who do not have an EHCP.

o  
Pupils who require alternative provision (including children in AP
settings without an EHCP).

·        
To mitigate against the ongoing costs and the needs of children and
young people with EHCPs, SEND or requiring Alternative
Provision.

Alternative options considered

Not proceeding –
the LA has a statutory duty as the responsible body to secure
sufficient school places, which they must do with regard to
securing special educational provision for children and young
people with SEND as well as those requiring Alternative
Provision.
 
There is not an option
to spend this funding on any other Council priorities; the funding
is ring fenced specially for developing SEND provision.
 If the funding is not utilised by the
LA or is spent in a manner that does not meet the terms and
conditions of the allocation, it would be clawed back by central
Government.