Agenda item

A Written Statement of Action is in place to respond to the Local Area Special Educational Needs and Disabilities (SEND) Inspection that took place in June 2021. An improvement programme to deliver this is in train and reports to the SEND Improvement Board. The SEND Inspection identified eight areas of significant weakness which need to be addressed. This resulted in a set of actions being put into the Written State of Action to address the weaknesses. 

The national picture since 2014 is one of a system that is overwhelmed. Nationally, applications for EHCPs have increased by 215% from 2015 to 2022 and SEND tribunals have tripled.

A huge financial strain has been put on local authorities. The total high needs deficits were estimated to be £1.9bn in March 2022, projected to rise to £3.6bn by 2025. The risk of the statutory override ending after 2026, will potentially force local authorities to issue section 114 notices.

For BCP Council by the 31 March 2024 Forecast Deficit will be £62.9m which makes the Council technically insolvent.

To assist in the management of this the DfE have invited BCP Council to be part of the Safety Valve programme.

The Corporate Director for Children’s Services presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.

A Written Statement of Action was in place to respond to the Local Area Special Educational Needs and Disabilities (SEND) Inspection that took place in June 2021. An improvement programme to deliver this was in train and reports to the SEND Improvement Board. The SEND Inspection identified eight areas of significant weakness which need to be addressed. This resulted in a set of actions being put into the Written Statement of Action to address the weaknesses. 

The national picture since 2014was one of a system that was overwhelmed. Nationally, applications for EHCPs had increased by 215% from 2015 to 2022 and SEND tribunals had tripled.

A huge financial strain had been put on local authorities. The total high needs deficits were estimated to be £1.9bn in March 2022, projected to rise to £3.6bn by 2025. The risk of the statutory override ending after 2026, would potentially force local authorities to issue section 114 notices.

For BCP Council by the 31 March 2024 Forecast Deficit would be £62.9m which would make the Council technically insolvent.

To assist in the management of this the DfE had invited BCP Council to be part of the Safety Valve programme.

The Committee discussed the report and comments were made, including:

• The Committee acknowledged the necessity of the work being done on the Safety Valve Programme and the situation's complexity. They highlighted the importance of prioritising the young people and families in BCP that would be affected by the Safety Valve programme.
• A Committee Member raised concerns that the information provided focussed mainly on the budget and funding and not the outcomes and possible risks of the programme.
• In response to information given by an expert on Safety Valve programmes, it was highlighted that contact should have been made with other local authorities also considering joining the Safety Valve Programme. It was highlighted that BCP could learn from other local authorities going through this process to ensure a joined-up approach to learn from any mistakes.
• In response to queries about the contract and  management plan of the Safety Valve programme was confirmed that once the negotiations had taken place with the DfE, the Committee would have the opportunity to scrutinise it. The Committee requested a further additional meeting to allow the Committee to discuss and scrutinise the contract before it was agreed.
• In response to a query, regarding the contract negotiations, the Committee was advised this would be carried out by the SEND team, the Corporate Director of Children’s Services and Chief Executive.
• In response to a query  regarding the budget deficit and the provision of EHCP, the Committee was advised that to provide the standard statutory service  cost more than the budget available. It was highlighted that financing the service was a major concern to BCP council, and the Safety Valve programme could address some of the budgetary issues, however the constraints and requirements were severe. 
• The Portfolio Holder for Children and Young People addressed the Committee and highlighted the importance of scrutiny and how it could contribute to this process.
• The Committee acknowledged the importance of a good SEND service and highlighted concern about how this would be done whilst ensuring the best interests of BCP residents was paramount.

The meeting adjourned at 8.01pm and reconvened at 8.14pm

It was proposed, seconded and resolved that

• the Committee understood the necessity for the work underway by officers as part of the safety value process. However, was determined that outcomes for children, young people and families should remain a central part of the negotiations with government. Accordingly, the committee resolved to delegate to the Chair to make representations and hopefully provide input as part of that negotiation process. 
• an additional meeting of the Committee be arranged, prior to the conclusion of the safety valve negation process, delegate to the chairman to make arrangements with officers.