Decision

That the total
allocation of £197,000 from the Local Authority’s
Higher Needs Provision Capital Allocation be approved for the
installation of Heat Source Pumps at the Chestnut Centre,
Brixham.

Reasons for the decision

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).
 
Children and Families Act 2014
also 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.
 
The HNPCA funding has been
delegated to the LA 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).
 
If the funding is not spent it
will be clawed back by the department.
 
Ongoing costs and the needs of
children and young people with EHCPs, SEND is mitigated and costly
out of area placements avoided.

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 special
educational needs.
 
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.