Agendas, Meetings and Minutes - Agenda item

Agenda item

Public Participation

Members of the public wishing to take part should notify the Assistant Director for Legal and Governance in writing or by e-mail indicating both the nature and content of their proposed participation no later than 9.00am on the working day before the meeting (in this case 22 February 2022).  Further details are available on the Council's website.  Enquiries can also be made through the telephone number/e-mail address listed in this agenda and on the website.

Minutes:

A summary of the key points made by the public participants at the meeting were as follows:

 

Debra Lamont

 

  • Ms Lamont advised that she had a 14-year-old child with additional needs and outlined the long struggle to get an Education Health and Care Plan (EHCP) in place, including the lack of support and guidance received during the process. There was frustration that emails were not responded to and that her child did not have a named caseworker, a situation which was suggested to be common amongst other families.
  • There was poor staff retention in the Special Educational Needs and/or Disabilities (SEND) Team, which had such an adverse impact on parents and carers. Ms Lamont questioned what action was being taken to ensure that staff retention was substantially increased, indicating that she had thought this was an integral part of the Action Plan in place.

 

Dr Karen Nokes

 

·         Dr Nokes asked whether in light of the findings by Ofsted in their recent inspection report, an independent body would be appointed to assist Worcestershire County Council (the Council) and Worcestershire Children First (WCF) to ensure that they acted lawfully as public bodies and workedconstructively with parents in so doing.

·         She outlined her experiences over the last 4 years in which she had been forced to go to mediation twice to secure an EHCP for her son. When the named school couldn’t meet her son’s needs (which the school had advised) further legal action had been instigated. Dr Nokes believed that WCF had misled her family, their lawyer and the tribunal over a period of many weeks. Ultimately WCF had conceded that the allocated school could not meet their son’s needs. This long process had resulted in their son missing out on 6 months of schooling, which she felt was shameful.

 

Asher MacKenzie-Wilson 

 

  • Asher (aged 13) told the Panel about the trauma she had experienced at primary school because of the lack of teachers’ understanding of autism andsuggested that some teachers hadn’t been kind to her or sensible.
  • Asher highlighted that she hadn’t been in school since last July because of anxietyand questioned how long was it acceptable for children to wait?

 

Rowan Winchester

 

  • Rowan (aged 10) informed the Panel that his difficulties had started at nursery school and continued in the first few years of mainstream school. In Year 1, after a short while, he found that he couldn’t cope and as a result ended up spending 19 months out of school. He then attended a new school but had found it difficult to trust and learn again. During his first term, there were a lot of changes within the school, and he ended up leaving and being out of school for a further year. He was then placed in Sunfield School, where he currently attends and which he likes. He was currently also getting help from the NHS Trauma Team.
  • Rowan said that he had been through so much and what had happened to him was still happening to many other children. He asked how WCF would prevent more children from going through what he had been through?

 

Tracy Winchester

 

  • Ms Winchester advised that she was part of SEND National Crisis Worcestershire who had sent a letter to the Chief Executive, WCF that morning (also been circulated to the Panel).  The letter set out why the Accelerated Progress Plan was not fit for purpose. If EHCP’s were to be improved, meaningful assessment needed to become the norm.
  • Ms Winchester set out specific questions concerning the lack of specificity in an EHCP which compromises the legal enforceability of the provision, and questioned whether this was a strategy deliberately employed by the Council or WCF?  She asked whether professionally registered education, health and social care professionals commissioned by WCF were restricted in what they could recommend in terms of SEND provision, even if it meant that the child’s needs would not be met? She suggested in doing so, they would be in breach of their professional code of ethics and were putting their registration at risk. Finally, Ms Winchester asked whether WCF thought it was morally acceptable for parents/carers to be forced to pay thousands of pounds to obtain needs-led, specific, and quantified professional reports because the WCF commissioned reports were unlawful, unreliable, and inadequate?

 

Hazel Shaw

 

  • Ms Shaw referred to Councillors and Council employees being required to comply with the 10 principles of public life (the Nolan principles) which were included in the Council’s ‘Members Code of Conduct’. She highlighted in particular the guidance relating to two of the principles whereby Councillors were required to use personal judgement in reaching conclusions about issues and show leadership which secures or preserves public confidence.
  • Ms Shaw asked whether Councillors believed that they were reaching their own conclusions on the SEND issues that were repeatedly being brought before them by parents of disabled children living in Worcestershire and then acting in accordance with those conclusions? She also questioned whether Councillors believed that the leaders of WCF were acting in a way that preserved public confidence?

 

Robert Barrowman

 

  • Mr Barrowman spoke about his son’s spinal condition, and how he wasn’t eligible for an EHCP or for support from the NHS. He was also unable to get any support from his son’s school as his son was deemed to be ‘functioning’. Due to the lack of support and access to treatment, Mr Barrowman had built a hydro pool in his garden to help his son. This treatment was supported by Great Ormond Street Hospital and Birmingham Children’s Hospital. He asked what happened when a child’s health needs couldn’t be met by not receiving an EHCP or NHS support because of a lack of funding?

 

Russell Winchester

 

  • Mr Winchester indicated that he was a parent to Rowan and another child, both of whom had complex needs. It was unacceptable that together they had lost 43 months of education in recent years. The Council had been disinterested in finding suitable education for his children and therefore he had fought and secured specialist placements for them. This had included taking complaints to the Local Government Ombudsman (LGO) and in both cases, the actions of WCF were found to be unlawful and financial compensation was awarded. A further complaint had also been referred to the LGO regarding social care.
  • Based on experience, Mr Winchester asked why the Council’s complaints procedure did not work and why there was no learning demonstrated to prevent reoccurrence of the same issues? The service was doing the same thing and expecting a different outcome. He wanted WCF to demonstrate that they were learning from their mistakes and not have to have an external body point this out to them.

 

Andrew Round

 

  • Mr Round explained that he and his family had moved from Staffordshire to Worcestershire, and his son had an EHCP in place at the time of the move. When WCF failed to follow the EHCP and then took away some of his son’s therapies and support, this had a major negative impact on his son who was frightened and refused to go to school. It also had a severe impact on Mr Round personally and following a breakdown he had resigned from his job.
  • The failings of the Council and WCF Officers to improve the SEND service after the Ofsted inspections in 2018 and 2021 were highlighted and the lack of effective elected member oversight and scrutiny which allowed this to happen. It was queried what measures Members were going to put in place to address this situation and hold Officers to account, or otherwise it was questioned whether it would be better for an independent inquiry be set up to take action, which would have the confidence of service users. Finally, Mr Round asked when WCFwould stop saying sorry and do something to protect vulnerable lives.

 

 Elena Round

 

  • Mrs Round highlighted that after the 2018 Ofsted inspection report, an urgent action plan had been drawn up and was approved by this Panel (on the advice of Officers). Amongst the promises given when WCF came into being, was that WCF would not fail another Ofsted inspection and would be ‘not for profit’. Nothing had changed and WCF was continuing to fail.  Mrs Round questioned who gave approval for WCF to be allowed to make a profit and pay corporation tax with taxpayers’ money?
  • Having arrived in Worcestershire with an EHCP in place for her son (previously gained after a tribunal in 2015), Mrs Round explained that her son was then failed in many ways, including the unlawful failure to follow the EHCP and the failure of the Council’s statutory duty in respect of the choice of school allocated. Her family had been forced to enlist Solicitors to fight their case. She suggested that the Cabinet Member should resign if he felt that WCF was a success.

 

Jo Rae

 

  • Ms Rae’s question read out by Cllr Onslow (Vice-Chairman of the Panel)questioned why Councillors had rejected a plea to invest in SEND children and yet put £500k into building roads instead. She had felt that they were playing politics with children’s needs and queried how many Councillors had read the SEND Ofsted report prior to making the above decision?

 

Katrina Kear-Wood

 

  • Ms Kear-Wood raised issues concerning the Ofsted inspection and the inclusivity issues in some mainstream schools. She felt that many children with SEND were missing out on education and being traumatised by their experiences. She questioned what WCF were doing to mitigate these risks? She highlighted that there were currently very few special schools, and that unlawful practices were being carried out and a lack of support was available to challenge the system.
  • Ms Kear-Wood commented that not all schools understood how to differentiate effectively and thereby they weren’t providing an accessible curriculum for children with SEND. She questioned how WCF monitored schools’ provision of SEND and how frequently this took place, and whether they held schools to account when they failed to deliver an accessible curriculum and safe environment to learn?
  • The Panel was reminded that 13 years ago Worcestershire was a flagship for SEND and yet the current situation had been allowed to unfold. Ms Kear-Wood set out further questions including why support had been removed and not replaced, why poor practices had been allowed to continue, what additional SEND provision was planned, and what was planned to bridge the gap between applying for an EHCP and receiving support?

 

Tim Joesbury-Clarke

 

  • Mr Clarke provided a brief overview of his family situation, in that his daughter was left without education or support for over 2 years, until a 60-hour package of education, therapy and respite was finally secured as a result of a EHCP tribunal hearing. He highlighted that although this package was awarded in September 2021, much was still to be implemented by the local authority. The Tribunal Panel had been very critical of the many failures in his daughter’s case, including the protracted absence of provision, unevidenced statements and poor co-ordination with social care.
  • Given his family’s experience and the serious failures identified, as well as the fact that 9 out of 10 families had had their appeal cases upheld, he wanted the local authority to explain and evidence how the outcomes of tribunal hearings had been used to learn lessons and improve practices, where failures had been identified?

 

Amanda Coppin

 

  • Ms Coppin’s submission was read out by Cllr Onslow (Vice-Chairman of the Panel). Ms Coppin was a parent of two SEND boys, and she had a BA (Hons) Special Educational Needs, Disability and Inclusion and a MA in Education (Special and Inclusive). She had written two dissertations seeking parents’ perspectives, one focusing on home education for SEND learners, and the second focusing on SEND provision within Worcestershire. Data from the MA dissertation which sought parents’ perspectives of SEND provision within Worcestershire (written in November 2021) mirrored findings in the recent Ofsted report. Ms Coppin raised questions on two main areas.
  • Firstly, with the limited SEND settings and spaces, and acknowledging plans to provide specialist units in Kidderminster and Worcester, what plans there were for specialist primary SEND provision in the south of the County to meet the clear demand for autism/language/communication need.  She also queried whether there were plans to expand the numbers able to be accommodated within the current planned provision, as numbers of spaces were relatively low.
  • Secondly, in relation to co-creation and joint commissioning, Ms Coppin asked how WCF planned to increase and implement these as outlined in the SEND Code of Practice and in particular by working more efficiently with SEND parents and carers and those with SEND?

 

The Chairman thanked all of the speakers and advised them that they would receive a written response to the points they had raised.