LEAD MEMBER FOR EDUCATION AND INCLUSION, SPECIAL EDUCATIONAL NEEDS AND DISABILITY MONDAY 22 FEBRUARY 2016 10.00 AM CC2, COUNTY HALL, LEWES DECISIONS to be made by the Lead Member for Education and Inclusion, Special Educational Needs and Disability, Councillor Nick Bennett. A G E N D A 1 Decisions made by the Lead Cabinet Member on 21 December 2015 (Pages 3 - 4) 2 Disclosures of interests Disclosure by all Members present of personal interests in matters on the Agenda, the nature of any interest and whether the Member regards the interest as prejudicial under the terms of the Code of Conduct 3 Urgent items Notification of items which the Lead Member considers to be urgent and propose to take at the end of the appropriate part of the Agenda 4 Education, Health and Care Plans for 16-25 year olds (Pages 5 - 38) Report by Director of Children’s Services 5 Schools Forum – DSG position statement (Pages 39 - 52) Report by Director of Children’s Services 6 Admission arrangements for 2017/18 year (Pages 53 - 106) Report by Director of Children’s Services 7 Any urgent items previously notified under agenda item 3 PHILIP BAKER Assistant Chief Executive County Hall, St Anne’s Crescent LEWES BN7 1UE 12 February 2016 Contact: Hannah Matthews, 01273 335138, Email: [email protected] eastsussex.gov.uk This page is intentionally left blank Agenda Item 1 LEAD MEMBER FOR LEARNING AND SCHOOL EFFECTIVENESS MINUTES of a meeting of the Lead Member for Learning and School Effectiveness held at County Hall, Lewes on 21 December 2015. The following Members spoke on the items indicated: Councillor Field - Item 4 (see minute 20) Councillor Pursglove - Item 4 (see minute 20) Councillor O’Keeffe - Item 4 (see minute 20) Councillor Shuttleworth - Items 4 and 5 (see minutes 20 and 21) 18 DECISIONS MADE BY THE LEAD CABINET MEMBER ON 12 NOVEMBER 2015 18.1 The Lead Member approved as a correct record the minutes of the meeting on 13 July 2015. 19 REPORTS 19.1 A copy of the reports referred to below are contained in the minute book. 20 EDUCATION COMMISSIONING PLAN 2015 - 2019 20.1 The Lead Member for Learning and School Effectiveness considered a report by the Director of Children’s Services which sought approval to publish the Education Commissioning Plan 2015-2019 and asked for permission to delegate authority to the Director of Children’s Services to amend the Plan prior to its publication if required. 20.2 RESOLVED to: (1) approve the publication of the Education Commissioning Plan 2015-2019; (2) delegate authority to the Director of Children’s Services to amend the plan prior to its publication if required; and (3) delegate authority to the Director of Children’s Services to update the School Organisation Policy in Appendix A of the Education Commissioning Plan 2015-2019 and the borough and district tables annually if appropriate. Reasons 20.3 An ongoing commitment to the provision of education places in 2018/19 and beyond is essential if East Sussex County Council is to meet its ongoing statutory responsibilities. This is linked to the ongoing demand for primary school places and the predicted future pressure for secondary school provision. 21 EAST SUSSEX COUNTY COUNCIL'S (ESCC) CO-SPONSORSHIP ROLE IN THE EASTBOURNE ACADEMY TRUST 21.1 The Lead Member for Learning and School Effectiveness considered a report by the Director of Children’s Services which sought approval for East Sussex County Council (ESCC) to withdraw as co-sponsor for the Eastbourne Academy Trust. Page 3 21.2 RESOLVED to approve ESCC’s withdrawal as co-sponsor for the Eastbourne Academy Trust and to agree to take the necessary steps to effect that withdrawal at the earliest opportunity on the appointment of a new sponsor. Reasons 21.3 The policy context has changed significantly since ESCC took the decision to act as a co-sponsor. At the time The Eastbourne Academy (TEA) was established, acting as co-sponsor provided a mechanism to maintain close links with TEA. Now that the policy context has been clarified, acting as co-sponsor presents a number of challenges. For example, acting as co- sponsor for some academies and not for others creates an unequitable relationship between ESCC and its academy schools. This compromises ESCC’s responsibility to champion educational excellence across all schools. (The meeting ended at 10.24 am) Page 4 Agenda Item 4 Report to: Lead Member for Education and Inclusion, Special Educational Needs and Disability Date: 22 February 2016 By: Director of Children’s Services Title of report: Education, Health and Care Plans (EHCPs) for 16-25 year olds Purpose of report: To set out the key issues which the Council faces arising from the extension of statutory Education Health and Care Plans up to age 25, including new guidance setting out when an EHCP may be appropriate for young people aged 16-25. RECOMMENDATION: The Lead Member is invited to approve the Guidance for Education Health and Care Plans for 16-25 year olds with Special Educational Needs and Disability (SEND) and endorse the overall approach. 1. Background 1.1 The report sets out the key issues which East Sussex County Council (ESCC) faces arising from the extension of statutory Education Health and Care Plans (‘EHCPs’) up to age 25 following the special educational needs and disability (SEND) reforms and outlines the work being undertaken to address demand for education provision. 2. Supporting Information 2.1 The Children and Families Act 2014 places new duties on the Council to support statutory E HCPs (which have replaced Statements of SEN) for young people potentially up to the age of 25. Previously many Statements ceased at the age of 16 and some young people were supported through Learning Difficulties Assessments (LDAs) to continue their education to 19 and exceptionally, beyond 19. The government does not envisage all young people will continue with an EHCP up to age 25, with the SEND Code of Practice linking the need for a continued EHCP, beyond the age of 19, to the need to secure educational outcomes and educational progress. 2.2 The new legislation places much emphasis on developing a more integrated approach in Preparing for Adulthood in respect of education, independent living, community inclusion and health, with the expectation of an integrated approach across care services, health and education for the most complex young people. 2.3 No additional funding has been identified by the government to support this extended age range for EHCPs. 3. Potential Impact 3.1 In August 2015 in East Sussex there were 559 young people identified in the 16-19 cohort with LDAs; a further 232 aged 19 plus known to the Special Educational Needs Personal Advisor (SEN PA) service in the Further Education (FE) system; and 245 not in education employment or training (NEET). There are 270 young people with Statements of SEN in Year 11. If all young people with statements were to have their statement converted to an EHCP this could lead to 710 EHCPs in the system for young people aged 16 to 19 by 2018/19 - an increase of 50%. Clear pathways and criteria for remaining in education are required to ensure the Council fairly and consistently carries out its duties. 3.2 For those young people with complex needs there might be pressure to continue with an EHCP given the current thresholds for receiving a service in Adult Social Care. 3.3 An Equalities Impact Assessment has been compiled and is attached as Appendix 2. Page 5 4. Proposed approach 4.1 Three work streams have been set up: (a) To develop guidance to support consistent decision making about the provision of services through an EHCP for young people aged over 16. The presumption for all young people is that they are capable of paid employment with the right preparation and support. Ensuring young people are employable is a central objective of any continuing education and training beyond 19. The Council expect to usually only maintain an EHCP post 19 where it is needed to support the young person to make progress towards education and training outcomes which are linked to employability or if more time is required to reach educational outcomes that have previously been agreed. Draft guidance was produced in September 2015 following a key stakeholders event and work with young people. The guidance has been circulated to Schools and Colleges for comment and has been the subject of public consultation on the Council’s website. Three responses were received, one from a school; one from a parent and one from a member of staff working in ISEND. They were in broad agreement with the proposed guidance, but raised the following points: The need to develop a wider range of courses for young people with special educational needs and disability, which would be available locally. The need to take account of the challenges presented for some young people with mental health issues. Disappointment that the consultation had been restricted to a few questions. Lead Member is asked to approve the guidance which is attached in Appendix 1. It is proposed to implement the guidance from February 2016, following member approval. (b) To deliver the Preparing for Adulthood requirements through a pathway planning approach, with the Transition team and Assessment and Planning team working together with individual young people and their families. Consideration is being given to the most appropriate assessment tools in relation to EHCPs as young people move towards adulthood. This work is being led by ISEND. (c) To ensure a range of services for 16-25 is developed through the SEN strategy focussed on local provision.