Decision details

Further to Minute No. 83, 13^th December 2023, the Director of Children and Families submitted a report setting out proposals regarding the ‘delivery stage’ of the new arrangements regarding Education, Health and Care Plan (EHCP) assessment and provision in Leeds. The report also presented the Inquiry Report of the Children and Families Scrutiny Board into the provision of EHCP support for the Board’s consideration.

The Executive Member introduced the report and in doing so, acknowledged that the Council currently was not delivering the level of service in this area that it wanted to. However, in response to this, it was highlighted that the steps outlined in the report, informed by the outcomes from the review, were being proposed to improve the timeliness by which EHCPs were delivered and improve the experience for children and their families. The significant increase in demand in this area was highlighted, which it was noted was a common experience for many other Authorities. The impact of such demand  was emphasised, with staff being thanked for their continued efforts. It was noted that the proposed changes would help the Council achieve and maintain the improvements that were needed and that they would continue to be informed via the views of all relevant parties. As part of the proposals, external resource would be used to tackle the EHCP backlog. Thanks was also extended to the valued work of the Scrutiny Board in this area.

The Board welcomed Councillor Dan Cohen to the meeting, as Chair of the Scrutiny Board Children and Families, who was in attendance to introduce the related Scrutiny Board inquiry report and its recommendations, as included at Appendix 2 to the submitted report. In doing so, Councillor Cohen thanked all parties who had contributed to the Scrutiny Board inquiry and resultant report. Detail was provided on the aims of the inquiry, the areas which the inquiry had focussed upon and the range of stakeholders who had engaged in the process. The Board’s attention was also drawn to several of the Scrutiny Board’s recommendations. Councillor Cohen acknowledged that whilst some performance had improved, there was still huge room for improvement. It was noted that the Scrutiny Board intended to robustly monitor performance and looked forward to significant improvements being made.

Responding to a specific enquiry regarding the commissioning of the review work undertaken by PricewaterhouseCoopers (PwC), the Board was advised of the cost of the work undertaken. In addition, it was noted that PwC had been commissioned on the basis that a full review was required, which needed an objective view by an organisation with specialist experience. Given the detail and scope of the review, it was noted that the Council could not have conducted the same level of review internally.  It was emphasised that the review had put the Council in a very good position to have a clear plan of implementation to realise its absolute commitment to achieve full compliance with statutory duties in this area and to ensure that the needs of children and families were met. 

A Member sought assurance around the approach that would be taken to ensure that the current backlog was cleared whilst also delivering improvements at pace in order to enable statutory requirements to be met. In response, further detail was provided, which included the provision of additional resource, together with the cross-Council and multi-agency approach being taken to deliver improvements in key areas such as digitalisation and the reduction of bureaucracy.

A concern was raised on the specific proposal to change the operating model regarding the provision of ‘Funding for Inclusion’ (FFI).  In response, further detail and context was provided on the reasons for the proposed change, its aims and how it was part of the Council’s approach to ensuring that statutory requirements were met. In this case it was noted that this proposal was to ensure that children and young people had access to a statutory assessment in relation to SEND. It was highlighted that significant changes had been experienced in the sector since the introduction of FFI, which was another factor for the proposals. Detail was also provided on the continued consultation and engagement with relevant partners; on the number of children and young people currently in mainstream schools on FFI packages; and the innovative approaches being considered to ensure early intervention in relation to children’s needs. 

Whilst supportive of the other recommendations, a Member raised further concerns on the proposals regarding FFI and suggested that further detail was needed prior to a decision being made on this specific element. It was also requested that such matters be considered further with the involvement of Scrutiny. In response, it was undertaken that officers would provide a further briefing to the Member in question in relation to FFI, and it was also undertaken that the Executive Member together with officers were happy to work with Scrutiny going forward on this matter, and on the wider issue of EHCP provision.

In conclusion, it was highlighted that through these proposals, there was no suggestion that the Council would be putting less resource into supporting those with SEND, but that it would enable the Council to adapt its approach so that the significant increase in demand was met. It was also noted that where appropriate, representations would continue to be made seeking further resource.

RESOLVED –

(a)  That the proposed changes to be made to the way in which EHCP processes are delivered in Leeds, as detailed within the submitted report, be agreed;

(b)  That the need to ensure that the views and experiences of children, young people, parents and carers are captured during the delivery of changes and improvements, be endorsed;

(c)  That the need to work in partnership with a range of stakeholders, especially schools and other specialist settings, to deliver improvements to EHCP arrangements across Leeds, be endorsed;

(d)  That in accordance with the established arrangements for reporting and commenting upon Scrutiny Board Inquiry reports, the concurrent Children and Families Scrutiny Board Inquiry report, as presented at Appendix 2 to the submitted report, be noted, together with the comments made during the Board’s consideration of this Inquiry report.

(Under the provisions of Council Procedure Rule 16.5, Councillor A Lamb required it to be recorded that he abstained from voting on the decisions referred to within this minute)