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Summary
The People Scrutiny Committee of Derbyshire County Council met on 3 October 2025 to discuss a call-in regarding the decision to declare five county council buildings as surplus to service need, and to receive a briefing on Special Educational Needs and Disability (SEND) and inclusion. The committee was also scheduled to confirm the minutes of their meeting held on 17 March 2025 and to answer questions from the public.
Call-in: Decision to Declare Five County Council Buildings Surplus to Service Need
The committee was scheduled to consider a call-in regarding the decision made by the Cabinet Member for Education and SEND to declare five county council buildings surplus to service need. Councillors requested the call-in, claiming the decision breached several articles of the council's constitution, including those related to:
- Due regard to relevant considerations
- Realistic evaluation of alternatives
- Proportionality
- Due consultation
- Respect for human rights and equalities
- Openness
- Clarity of aims
The councillors who requested the call-in raised concerns about the lack of explanation for a reduction in service funding, the absence of a savings assessment, and the failure to consider alternatives for delivering learning to the 1,337 learners affected. They also questioned the lack of formal consultation and the failure to conduct an Equality Impact Assessment (EIA).
The five buildings in question are:
The report pack included a report from Sarah Bryan, Report Author and contact at Derbyshire Council, which stated that the decision to declare these buildings surplus to requirements was due to changes to grant conditions for Derbyshire Adult Community Education Service (DACES) and the need to review operational delivery and building costs. The report noted that the curriculum would still be provided, but in a variety of ways, including online and in person from some alternative venues.
According to the report, the rationale for withdrawing adult education provision from each of the impacted facilities was based on criteria such as:
- Areas of need
- Cost per learner
- Cost per guided learning hour
- Proximity to other facilities
- Main area of provision type
The report stated that a full review of DACES was underway to determine a future sustainable delivery model for the academic year 2026/27 onwards.
The committee was asked to determine whether the decision-making principles had been breached. If the committee had been satisfied that the principles had been followed, the decision of the Cabinet Member could have been implemented. If the committee had concluded that the decision-making principles had been breached, it could have referred the decision back to the Cabinet Member for reconsideration, or referred the matter to Full Council.
SEND and Inclusion
The committee was scheduled to receive a briefing on SEND and inclusion. The briefing pack defined SEND as referring to children and young people who have learning difficulties or a disability that means they require specialist provision to be made for them. It outlined two categories of support: SEN Support (school-based) and Education, Health and Care Plans (EHCPs) 1 (statutory support provided by the local authority).
The briefing pack highlighted the legal duties of the local authority (LA) regarding EHCPs, including maintaining the plan, delivering the specialist provision, maintaining the placement, and reviewing the plan annually. It also noted that families have the right to challenge decisions made by the LA.
The briefing pack noted that there has been a significant increase in Education, Health and Care (EHC) Plans both locally and nationally. In 2024, almost 22,000 Derbyshire pupils (19.4% of the school population) had either an EHCP or received SEN support, up from 18.3% in 2023. The proportion of pupils with SEN in Derbyshire has been consistently higher than national averages. As of September 2025, there were 8,778 EHCPs in Derbyshire, an increase of 135% since 2020.
The briefing pack identified local and national challenges, including:
- Increase in the number of children meeting the requirement for an EHC Plan
- Lack of specialist placements locally and nationally
- Inclusivity of some schools
- Families are dissatisfied with the system
- Significant increase in cost
The briefing pack also touched on policy changes, including the expected Children's Wellbeing and School's Bill, and SEND and Inclusion reform.
Derbyshire was inspected as a local area by Ofsted 2 and the Care Quality Commission (CQC) in September 2024, which found significant concerns
in some areas. A SEND Priority and Assurance Board has been set up to monitor progress and ensure rapid improvement.
The briefing pack outlined next steps, including an expected Ofsted and CQC monitoring visit from Spring 2026, and key priorities such as improved communication, performance monitoring, commissioning and expansion of specialist places, co-production, transition, and inclusivity of mainstream schools.
Public Questions
The committee was scheduled to receive questions from members of the public. According to the Procedure for Public Questions at I S Committee Meetings, questions had to be submitted in writing or by email no later than 12 noon three working days before the committee meeting. The maximum period of time for questions by the public at a committee meeting was scheduled to be 30 minutes in total.
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Education, Health and Care Plans (EHCPs) are for children and young people aged up to 25 who need more support than is available through special educational needs support. They are legal documents that describe a child or young person's special educational, health and social care needs, and the support that is required to meet those needs. ↩
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Ofsted is the Office for Standards in Education, Children's Services and Skills. They inspect and regulate services that care for children and young people, and services that provide education and training. ↩
Attendees
Topics
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