Agenda item

To review data on the demographic profile of EHCPs in Hackney (age group, ethnicity, originating setting, those not in education):

- The number of EHCPs in Hackney;

- New EHCPs granted in Hackney;

- Number of EHCP requests / Number of requests for assessments refused/ request for assessments which did not result in EHCP being issued.

(30 mins)

6.1  Following the Commission’s work programme discussions in June and July, it was evident that SEND services would figure prominently within Commissions work programme for 2022/23 with a number of key developments in the service:

Changes in relation to the SEND Green Paper;

The emerging local SEND Strategy and Action Plan, SEND restructure and Better Value review.

6.2  To inform possible scrutiny of the above, and in recognition of the wider context of increasing demands for the SEND services, the Commission requested a short report from Hackney Education setting out the current demographic profile of children with and EHCP and new EHCP applications.  This request also relates to ongoing disproportionality work undertaken by the Commission which suggests that the identification of additional needs of some groups of children and young people remain unidentified until much later in their education.

Hackney Education

6.3  It was widely recognised that demand for EHCPs was growing with around 400 EHCPS being approved each year.  This was creating significant pressures on local specialists and mainstream schools, and had resulted in rising numbers of children being supported in non-maintained settings outside of the borough.  This issue was being addressed by the School Estates Strategy which was not only aiming to increase local specialist provision but was also seeking to increase the number of children supported in local schools through Additional Resource Provisions (ARP).

6.4  Other highlights from the report included:

-Hackney had the 12th highest rate of EHCPs in England and 1 in 20 children had an EHCP.

-Higher proportion of children with SEND  in Hackney are supported in mainstream schools compared to other boroughs.

-Hackney is rejecting a higher number of EHCP requests than other boroughs.

Questions from the Commission

6.5   At page 50, the report indicates that 153 initial requests for an EHCP were refused - which was 30% of all requests.  Is there any data on the age and ethnicity of those requests for an EHCP which were refused?  What proportion of these were challenged by  parents and how many of these challenges were successful?  Is there any tracking of students which were rejected?

- There were around 50 appeals last year, additional data was not available at the meeting, but could be supplied at a later date.

In relation to graduated response, a new system has been put in place to help track pupils.  Each school will now hold a multidisciplinary team meeting on a termly basis to review all pupils with a vulnerability.  This team will assess progress and whether a further review of needs is required.

6.6  The EHCP review process should be that schools should conduct an annual review which is submitted to the LA who then reassess the EHCP as necessary, which the school will then deliver upon. Locally, the last part of this process is not happening as the LA is not updating the EHCP.  When is progress going to be made in this area?

- This was covered in the SEND review which was recently completed.  Many LA’s have been struggling with the annual review duty due to the demand in the system; there are currently 3,000 children with an EHCP which require annual review and until the review, there was insufficient resource (casework staff were holding between 300-350 cases per worker).  After the restructure caseloads had been reduced to around 120-150 per worker which will enable them to implement reviews.  It was also acknowledged that paperwork was excessive (8-9 pages) and that it was hoped to reduce this to around 2-3 pages in the future. More needed to be done but work was in progress.

- It was noted that performance had improved in recent weeks in ensuring that EHCPs are completed in the 20 week statutory timeframe.  It was also noted that there were no cases which were with the Ombudsman which would suggest that the council was discharging its statutory duties.

6.7  At page 50 the report indicates that 153 initial requests for an EHCP were refused - is there any correlation between those requests being rejected and the presence of mental health and emotional health issues?

- Refusal could be for a number of reasons, including a lack of information provided by the school or parents, though HE will often pursue to get the correct or missing information.  Sometimes the school has not sought the views of external agencies such as SLT.  Refused requests can also be resubmitted.

6.8  As part of the graduated response and the whole systems approach to help reduce needs, is the universal offer to schools going to be increased as this will help support the graduated response (e.g. access to Educational Psychology assessments). In terms of the graduated response and more support provided to pupils within maintained school settings, there is a need for additional transparency and accountability of school actions.  How will this be supported by HE?

- HE have set up a new offer for schools.  Previously schools were funded and bought in educational psychology and specialist teachers.  For approximately £3,000 per year, primary schools get access to Educational Psychology, SLT and Specialist Teachers as well as a universal training offer. HE has partnered with Autism Education Trust to roll out training to every school in Hackney.

The Green Paper on SEND was currently progressing through parliament which would bring other changes to the local support systems for children with SEND.

6.9  The Commission noted that it was still coming across cases of children whose SEND or additional needs were being missed and were increasingly benign seen in alternative provision or in the pupil referral unit.  Is there any data benign collected in this respect?

- From January 2023 data will be collected and submitted at a ‘person level’ which means that the authority will be in a better position to look at this issue in a more holistic way.

- It was noted that the SEND Strategy will go to Cabinet in October 2022 and the Action Plan needs to be endorsed by the partnership before it can be presented at scrutiny.

6.10  The Chair thanked officers for attending the meeting and responding to questions from the Commission.