Agenda item

In attendance for this item were:

·         Marcus Hart, Cabinet Member with Responsibility (CMR) for Education

• Tina Russell, Chief Executive, Worcestershire Children First (WCF) and Director of Children’s Services
• Sarah Wilkins, Director for Education, Early Years and Children with Disabilities, WCF
• Mari Gay, NHS Herefordshire and Worcestershire Clinical Commissioning Group (CCG)
• Phil Rook, Director of Resources, WCF

The Panel was asked to consider an update on the outcome of the Ofsted and Care Quality Commission (CQC) Special Education Needs revisit in Worcestershire which took place between 1 and 3 November 2021. The visit took place to decide whether sufficient progress had been made in addressing each of the twelve areas of significant weakness detailed in the inspection report letter published on 16 May 2018.

Sufficient progress had been made in addressing eight of the significant weaknesses identified at the initial inspection and four significant weaknesses remained. As an outcome of the revisit inspection, the DfE (Department for Education) and NHSE (NHS England) required an Accelerated Progress Plan (APP) to demonstrate how remaining areas of weaknesses would be addressed.

At the Chairman’s invitation, the CMR Education addressed the Panel and in doing so welcomed the public speakers who had spoken so passionately about their concerns regarding the Special Educational Needs and/or Disabilities (SEND) Service. The CMR gave the assurance that he was listening and that there was a relentless drive to get things right.  He acknowledged that substantial progress had been made across eight of the areas of weakness following the last Ofsted/CQC visit.  However, he also acknowledged the importance of the considerable work still required across the other four key areas of significant weakness, where insufficient progress had been made. There was an acceptance that greater inclusion in mainstream schools was needed across the County; although some schools were demonstrating very good practice, others had work to do. In 2021, the CMR advised that nearly 100% of EHCP’s had been achieved within target, although they needed to be of sufficient and robust quality and the actions identified needed to be being carried out. The CMR was committed to ensuring that this took place.

The CMR provided reassurance that he was committed to ‘getting it right’ and undertook to ensure that cultural issues were addressed.  He believed that the number of cases going to tribunals should be the exception and acknowledged the fragile relationships with parents/carers and was in no doubt that there was much work to be done.

In terms of funding, the overall level of resources provided for SEND provision in next year’s budget had increased by £200k. Previously in 2019, an additional £600k had been allocated to SEND which had enabled an additional 17 posts to be created. The funding for those posts had been continued in the base budget since 2019. With regard to the staffing situation within the SEND Team, the CMR accepted that there had been some recent movement of staff, but he stressed that he had every confidence in the professionals who continued within the Team to put the situation right and ensure matters were moved forward.

The Chief Executive, WCF wished to assure parents and carers that she was listening; had read their letters; heard their challenges, frustration, anger, and disappointment; seen their fear and fight for their children and heard their requests for help and calls for change. She stressed that she was very committed to continue listening and engaging with parents and carers and leading the change that was needed.

The Chief Executive and Director for Education, Early Years and Children with Disabilities (The Director) had reflected on the situation and had worked with colleagues to identify the barriers to improvement and used these in shaping and developing a new APP.  It was acknowledged that there had been lots of discussion and good intentions but a lack of action and decision-making. The legislation around the assessment process was very complex and prescriptive and the volume of demand had led to the service being lost in ‘process driven practice’. With an emphasis on evidence and speed, the focus had been on letters and emails being issued to ensure communication was quick. The importance of human relationships and communicating verbally had therefore been lost at times, which had led to a catch 22 situation with relationships, trust and confidence being damaged. This then led back to a further emphasis on process driven practice to ensure that legislative requirements were met, and the volume of cases dealt with.

The Chief Executive provided assurance that the experiences of parents and carers using the complaints system and tribunal route had been reviewed on a case-by-case basis and had provided valuable learning. There had previously been insufficient overview and action in response to this feedback. There was now a new quality assurance process in place and a new dedicated Complaints Manager had been appointed.

In terms of why insufficient progress had been made, the Chief Executive explained that there had been a loss of focus on the measurable outcomes of the Improvement Plan and experience of the child. It was important to highlight that many of the barriers and challenges to progress with SEND services, such as lack of specialist provision, were also experienced by local authorities across the country.  The Panel was informed that there were nearly 3,000 children with SEND supported in over 220 schools in the county and WCF worked with all these schools in a supportive and challenging way, showing them best practice, and ensuring that inclusivity was actively pursued. The Chief Executive accepted that the service could be better and understood that parents and carers might be anxious and mistrusting. It was felt that the APP had the right partnership and one which involved parents in each aspect of the process.  The Chief Executive provided reassurance that she had confidence in her committed team to ensure that the APP would be implemented effectively and that it would lead to positive improvements in outcomes for children. 

The Director thanked the public participants for the views they had shared and stressed that the APP was intended to instil trust within the parent community. An overview of the Report and its appendices was provided.  The APP (Appendix 2 of the Report) was required to be submitted to the DfE at the beginning of March and formal review visits would be carried out every 6 months. Reference was made to the APP Governance Model (Appendix 3) and the Panel was advised that the 0-25 SEND and All Age Disability Partnership Board would oversee the APP progress as well as other key strategies on SEND, Carers, All-Age Autism and Learning Disability. There was also an important role for the Parent Carer Forum which sat within the SEND Improvement Board and would be able to facilitate other groups going forward.  The Panel was provided with a brief outline of the 4 areas for improvement included in the APP and the key actions and activity identified to be achieved to ensure the desired outcomes.

The Managing Director for Quality Performance at NHS Herefordshire and Worcestershire CCG (the Managing Director) advised that the CCG had worked as a health partner with the Council for the past 4 years. Following the strong message received today, some key areas of work had been identified including the quality of EHCP’s, how the voice of the child could be heard and how direct feedback could be obtained from parents and carers of children with SEND.

During the opportunity for Members questions, the following main points were noted:

·         The Director explained that the next steps would be that if the DfE approved the APP then it would be implemented by WCF. There would then be meetings with the DfE bi-monthly and two formal reviews within a 12-month period, the latter involving stakeholders.

·         Comparing the findings of the 2018 and 2021 Inspections, a member highlighted that there was some similarity in negative statements made regarding a lack of strategic planning and quality assurance. It was suggested that the relationship with parents and carers was broken, and an independent person was needed to bridge the gap. The Chief Executive confirmed that there were no plans for independent support of the Service and that whilst relations with some families were strained, WCF had also received some positive feedback in recent weeks showing evidence that the relationship could be re-built. There would be a culture change and more opportunities for parental feedback which would enable staff to build relationships.  The member who had raised this issue wished it to be known that he did not agree with the Chief Executive’s view.

·         Following on from public participation earlier in the meeting, a member questioned whether it was deliberate that EHCP’s did not always meet the needs of the child as there was not sufficient provision available to then support that child. The Chief Executive strongly refuted that suggestion assuring the Panel that professionals only included their professional opinion. The complaints received on this matter suggested that the culture of practice had led to a type of provision being referred to in the EHCP as opposed to a named school which was an approach that WCF were considering reverting back to. The Director added that professionals were not under pressure on how to write EHCP’s, but specialist support was challenged.  The provision needed to be in the right place at the right time. 

·         Concerns were raised regarding a lack of specialist provision for autistic children and it was suggested that long term planning was needed. The Director advised that parents/carers of children with SEND had contributed to the SEND provision plan, which would be published and implemented as part of the APP. It was noted that there had been an increase in mainstream autism provision across the county.

·         Recognising that this was not the case in all schools, a member was pleased to report that at a local mainstream school, there was some excellent work with SEND children. The Director commented that some improvements had been seen and the number of children with EHCP’s who remained in mainstream schools was an indicator of inclusivity. It was confirmed that WCF continued to offer extensive training for maintained schools as well as School Improvement Advisor evaluation visits. Locality SEND Hubs were available for all schools to access for advice and support as well as termly peer support meetings. Some schools had adopted a quality improvement mark for inclusion and were keen for self-evaluation.

·         In response to a member question about how many schools had been identified as not being inclusive and/or actively discouraging children with SEND and the role of the DfE in this matter, the Chief Executive stressed that the relationship with schools was one of support. Individual Ofsted inspections focussed on special needs and identified which schools to target on this matter. There were no schools who were not willing to co-operate with WCF and if this were the case, the DfE would be advised. When providing support to schools, the conversations focussed on self-recognition, sharing examples of peers, and highlighting the value that inclusivity brought to a school. A monthly Inclusion forum was held, with 8 schools having been discussed at the last meeting.

·         A Member asked what the reason for the lack of response to parents was when there had been 17 additional posts created in 2019. The Chief Executive explained that it was a combination of workload and culture of approach which focussed staff on deadlines and timescales rather than responding to specific queries. Managers and staff were now committed to a change of culture.

·         A question was raised about reasons for rejecting an EHCP if a child with autism was high achieving. The Director explained that the intention of a EHCP was to establish what was working well or was not working and what were the child’s needs etc. Schools had the skills and knowledge to meet needs and it was only when a school had exhausted all of its available options, that it would be appropriate to assess for an EHCP. The request for an assessment for an EHCP could be made by the school or the parent, but ideally as a partnership. In response to a follow up question, the Director explained that if needed other professionals could be involved in this process ensuring that the school was meeting a child’s needs.

·         A Member queried who the ‘relevant key stakeholders’ were that were consulted during the development of the APP. The Director advised that via the SEND Strategic Board, the Worcestershire Association of Carers (WAC) and the Parent/Carer Forum (Families in Partnership) had been consulted and that changes were made to the plan as a result.

·         It was clarified that Families in Partnership (FIP) were funded by the DfE, supported by WAC and also received investment from the CCG. WCF were establishing structured involvement with FIP as they were a key organisation to facilitate wider engagement with other parent and carer groups. The Panel was also informed that there were professional participation officers employed by the CCG and WCF, encouraging parent/carers involvement.

·         The Managing Director, CCG highlighted that discussions needed to take place with FIP to ensure that the feedback received from parents/carers included direct input of messages in the way that parents had conveyed today.

·         The CCG worked closely with WCF with regard to health input to EHCPs and to commission the relevant services. It was important that there was a continued focus on the 8 areas that had been judged to have made sufficient progress as well as the 4 areas of weakness addressed in the APP. The Chief Executive highlighted that the 0-25 SEND and All Age Disability Strategic Partnership Board would take strategic oversight of monitoring and reinforcing the focus of progress of the APP at bi-monthly meetings, with the wider SEND strategy being focussed on at the alternative meetings.

·         The Chief Executive was asked how the general themes raised during public participation would be taken forward. The Panel was informed that a Complaints Officer for SEND would be taking up post in April which would provide a direct point of contact for the parents/carers. There was also a new post of Head of Quality Assurance Programme which would oversee the Quality Assurance Framework to include SEND/All Age disability. The latter would provide opportunities for proactive input from parents and carers through the quarterly feedback mechanisms enabling areas of concern to be picked up at an early stage.

·         A Member raised concerns about parents’ experience of obtaining an EHCP and how this often ended at a tribunal, a step that some parents were not able to pursue. The Chief Executive explained that parents were encouraged to talk to WCF staff throughout the process, so that was not so daunting. All children with an EHCP would have a review to provide an opportunity for parents and the school to come together to ensure a quality plan was in place. There were 1,000 children currently waiting to have an EHCP completed, but all would be completed by the end of August 2022. Parents would be encouraged to communicate concerns and challenges to WCF, and stakeholder groups would be used to offer support and ensure the message reached parents.

• In respect of the SEND APP - Workstream 4 regarding EHCP’s (Action 4), at the suggestion of a member, the Chief Executive agreed to add in the words ‘and to an expected quality’.

·         Whilst the long-term strategic plan was developed, a member asked what would be offered to children not currently able to access education because of a lack of specialist provision. The Director advised that ‘education otherwise’ provision would be offered, but the main priority was working towards getting children and young people back into an education setting. It was noted that the pandemic had created additional anxiety issues for some children and that they needed support with this.

It was agreed that:

·         A proposal to set up a Scrutiny Task Group to review Education, Health and Care Plans would be submitted to the next meeting of the Overview and Scrutiny Performance Board.

·         The Panel would be provided with regular updates on the Accelerated Progress Plan and that the actions would include a Red, Amber, Green (RAG) rating to aid members’ understanding of progress being achieved.

·         The words ‘and to an expected quality’ should be added to Action 4 of Workstream 4 of the Accelerated Progress Plan (The use of agency support to complete the backlog of EHCPs).