Agenda and minutes

Venue: Committee Suite - County Hall*

Contact: Fiona Rutley 01392 382305  Email: fiona.rutley@devon.gov.uk

Note: *Press and Public via livestream link or contact the Clerk asap in advance with a query. To view the meeting as a live stream please copy and paste this link into your browser:- https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWMwZDA0NzktZTM5NS00ZDBiLTkxY2EtYzZjMjc1MWJmM2Nh%40thread.v2/0?context=%7b%22Tid%22%3a%228da13783-cb68-443f-bb4b-997f77fd5bfb%22%2c%22Oid%22%3a%226ef52fe1-2e42-40a4-918a-246ecc61ae96%22%2c%22IsBroadcastMeeting%22%3atrue%7d&btype=a&role=a 

Items
No. Item

45.

Minutes pdf icon PDF 240 KB

Minutes of the meeting held on 16 March 2022 attached.

Minutes:

DECISION:

 

That the minutes of the meeting held on 16 March 2022 be signed as a correct record.

46.

Items Requiring Urgent Attention

Items which in the opinion of the Chair should be considered at the meeting as matters of urgency.

Minutes:

DISCUSSSION:

 

(a) Parent Carer Forum Devon Survey 2021, 2022 and Ofsted Inspection Report

 

The Chair decided that this matter should be considered at the meeting as matters of urgency due to recent developments and publication.

 

The Forum noted that the final Ofsted report was expected to be received after approximately a month, published nationally and DEF Members would be advised as soon as possible.   The inspectors had reflected on the Parent Carer Forum Devon Survey.

 

The Parent Carer Forum Devon also offered to brief DEF on the findings of the survey and this was accepted.

 

ACTION:

Education & Learning (Jackie Ross)/Assistant County Solicitor (Fiona Rutley) 

 

(b) DCC Senior Leadership

 

The Chair decided that this matter should be considered at the meeting as matters of urgency due to recent changes.

 

Members were disappointed at the communications to date regarding recent changes at senior leadership level within Education & Learning services, noting also the Director of Children’s and Young People’s Futures was today with the Ofsted inspection team (a recent job title change from Director of Children’s Services, no responsibilities change).  Members requested to be kept informed of developments over the transition period.

 

DECISION:

 

that Education & Learning provide more detailed communications before the end of term.

 

ACTION:

 

Education & Learning: (a) Jackie Ross and (b) Simon Niles.

47.

Matters Arising from the Last Meeting and Report back on Issues Raised with Cabinet/f40

To consider any matters arising from the last meeting where not otherwise covered on this agenda and to report on items considered at the Cabinet.

Minutes:

No matters discussed.

48.

Membership

Minutes:

DISCUSSION:

 

The Chairman welcomed new Member(s) to the meeting:-

 

Ms Helen Brown, Roman Catholic Diocesan Schools Commissioner (DEF Faith representative – DCC appointment).

 

The following membership changes were noted:-

 

-Ms Claire Platt, Church of England Diocesan Deputy Director of Education (DEF Faith substitute representative – DCC appointment);

 

-Ms Sonia Chanell, maintained secondary governor (elected Member).

 

ACTION:

 

County Solicitor (Fiona Rutley)    

49.

Education & Learning Update (including White Paper) pdf icon PDF 206 KB

Report of the Chief Officer for Children’s Services (DEF/22/09), attached.

Minutes:

DISCUSSION:

 

The Forum considered the report of the Education & Learning service (DEF/22/09) on:-

 

(a) The White Paper - Opportunity for All

 

The Schools Bill  was currently at Committee stage in the House of Lords: https://bills.parliament.uk/bills/3156  with the Bill policy statements at: https://www.gov.uk/government/publications/schools-bill-policy-statements

 

Government was expected to bring forward the policies and principles in the White Paper relatively quickly. Discussions were being held with the Department for Education and Regional School Commissioner with local authorities (LAs)/Devon County Council regarding the White Paper.  Devon was also keen to understand the learning from England LA’s expressions of interest in establishing a multi academy trust as part of a test and learn exercise.

 

Devon was committed to working with schools on the White Paper delivery, including the challenges in supporting SEND and the most vulnerable students.

 

(b) School Attendance Guidance

 

New non-statutory Guidance had been published:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1073616/Working_together_to_improve_school_attendance.pdf

 

A greater focus on school attendance/breaking down barriers to attendance was to be welcomed and was critical to meeting the White Paper aspirations.

 

(c) Homes for Ukraine

 

To date 330 applications for Devon school places had been received (with 204 pupils on roll).  In view of the widely spread rural geographical locations (with no concentration in urban areas) Devon was looking at mapping and at schools working collaboratively within areas.  No Government funding had yet been received for Ukrainian (or also Afghan) children and young people.

The very recent Government announcement regarding accepting unaccompanied children and young people could have quite significant implications for Local Authorities.

 

Members suggested that Ukranian support groups may also be able to provide data to assist school admissions and that figures may well be higher that Devon may currently have anticipated.

 

(d) Chittlehampton CE Primary Closure and Demographics across Devon

 

This school closure wef September 2022 demonstrated the impact of falling demographics on falling rolls and surplus places. Devon was working with schools over school places and was in discussion with the DfE regarding strategically managing peaks and troughs and in particular, secondary sector falling rolls in the medium to long term.

 

(e) Other Matters

 

A range of questions/comments (together with Officer responses), in summary included:-

 

(i) any further consideration given of the budget settlement for September 2022 to August 2023 following the increasing costs of utilities, catering and the increase in the minimum wage by 6.6% with the possibility of an increasing number of students on Free School Meals? - Officers advised that funding for 2022/23 has already been given through the DSG Settlement and supplementary funding agreed as part of Autumn Statement;

 

(ii) whether Devon was getting an increase in the sum to fund Education, Health & Care Plans (EHCPs), to meet increasing costs? - Officers advised that the High Needs Block’s considerable pressures were being mitigated through the Deficit Management Plan. Supplementary funding had been given as part of Autumn Spending review to deal with the National Insurance and Social Care Levy;

 

(iii) School funding for a Mental Health lead in Devon schools? - Officers advised that Devon  ...  view the full minutes text for item 49.

50.

Babcock In-Housing Update

Chief Officer for Children’s Services to report.

 

Minutes:

Members noted that the in-housing of Babcock education services was on target to transition wef 1 August 2022.  It was envisaged that information regarding the new structure could be shared after the staffing TUPE deadline (28 June 2022), subject to further advice from Devon’s human resources team.

51.

Finance Update pdf icon PDF 132 KB

(a)  Schools’ Finance Group (including DEF minute 41, Health and Social Care Levy Payments)

 

Minutes of the Schools Finance Group (SFG), 6 June 2022, attached.

In relation to DEF minute 41, Health and Social Care Levy Payments, SFG minute 5, Recommendation:- 

 

(i) that Funding mechanism for High Needs providers (AP and special schools) to be aligned; and

 

(ii) that Uplift for 2022-23 to be considered of 2.75% to top up rates in addition to a lump sum payment given for the supplementary 1% levy based on the top up value for Devon Wave AP provision as well as special schools.

 

SFG minutes also available at 

https://new.devon.gov.uk/educationandfamilies/school-information/devon-education-forum/schools-finance-group

 

(b) Finance Update Report of Chief Officer for Children’s Services and Director of Finance (DEF/22/08) attached.

 

Additional documents:

Minutes:

(Mr Gasson, Alternative Provision representative declared an interest in this matter and withdrew from voting in relation to decision (a)(i) – (a)(ii)).

 

DISCUSSION:

 

(a) Schools Finance Group Minutes, 6 June 2022

 

The Forum considered the above minutes, including:-

 

- DEF minute 41, Health and Social Care Levy Payments (SFG minute item 5);

 

-proposed action in relation to SFG minute item 1 (Schools’ Non-Domestic Rates), in liaising with District Councils to arrange centralised payment); and

 

-schools to be encouraged to consider and question the impact on minimum per pupil funding levels and Additional Educational Need (AEN) factor changes proposals within the autumn funding consultation on individual schools, during the consultation period (SFG minute item 4).

 

SFG minutes also available at

Schools Finance Group (SFG) – Education and Families (devon.gov.uk) 

 

DECISION:

 

(a) that in relation to DEF minute 41, Health and Social Care Levy Payments/ SFG minute item 5 Funding for Alternative Provision:-

 

(i) the funding mechanism for High Needs providers (Alternative Provision and Special Schools) be aligned;

 

(ii) that uplift for 2022-23 to be considered of 2.75% to top up rates in addition to a lump sum payment given for the supplementary 1% levy based on the top up value for Devon Alternative Provision and Special Schools (i.e. maintained and academy Special Schools);

 

(Vote: (a)(i)-(ii), Schools, Academies and PVI Members)

 

(b) that the minutes of the Schools Finance Group (SFG), 6 June 2022 be received and the proposed action in relation to SFG minute items 1 and 4 above be noted.  

 

(b)  Finance Update Report

 

The Forum considered the Report of Chief Officer for Children’s Services and Director of Finance (DEF/22/08).

 

The draft outturn position for the Dedicated Schools Grant (DSG) showed an overspend of £7.7 million prior to transfers to the DSG Deficit Reserve and ringfenced balances.  Although this was an improvement of £2.3 million from month 11 position the continued demand on High Needs and on Special Educational Needs placements within the independent sector continued to drive the pressure which remained extremely concerning. The deficit balance would be transferred to the DSG adjustment account.  The in-year increasing DSG deficit could have a considerable impact on future education budgets within the DSG as well as impacting on the financial sustainability for Devon County Council. An urgent action was still required to reduce the demand on Education Health Care Plans (EHCPs) and independent placements.

 

In response to Member’s questions, the Director of Finance advised that:-

 

-Devon was still awaiting a response from the DfE regarding the outcome of the Safety Valve Intervention Programme and the possible Capitalisation Direction (paragraph 1.2 of the Report).  The DfE recognised Devon’s management plan work and business case, but were clarifying the position on capitalisation before submission to the Treasury for approval.   Members were concerned that the delayed confirmation of Devon’s proposals could have a significant impact on this financial year and the management plan overall.  Whilst work was progressing in the background in the meantime, the  ...  view the full minutes text for item 51.

52.

High Needs Funding Sub Group - Revised Terms of Reference (DEF Minute 41(b)) pdf icon PDF 486 KB

Revised draft Terms of Reference received from the Group attached (amended Membership section) - for consideration.

 

At the last DEF meeting clarification of membership was requested (minute 41(b), 16 March 2022), summary extract below:- 

 

“…It was proposed that:-

 

-this group would be needed on an ongoing basis to support the work required to deliver the DfE safety valve intervention programme and Devon’s DSG Management Plan;

 

-it would report direct to DEF, sitting alongside (not under) the Schools Finance Group;

 

-as delegated powers were not in accordance with the Schools Forums guide/regulations, any decisions requiring DEF approval could use DEF urgency procedures where DEF’s calendar of meetings did not fit timeframes.  Routine progress updates would be presented to each DEF meeting;

 

-that group membership be kept as small as practicable but representative (e.g. no larger than the Schools Finance Group), to include Early Years and Post 16);

 

-initially it was anticipated the group could need to meet twice monthly, before settling into a less frequent pattern. Given this demand on group members, named substitutes or a representative small pool of members to be called upon to ensure continuity, expertise and consistency of decision making should be considered.

 

DECISION:

 

(a) that a dedicated permanent High Needs funding sub group be established, reporting direct to DEF; and

 

(b) that the Terms of Reference as set out in Appendix One be approved, subject to the clarification of membership (and noting all as discussed above).”

Minutes:

DECISION:

 

The Forum considered the revised draft Terms of Reference received from the Group (amended Membership section).  At the last DEF meeting clarification of membership was requested (minute 41(b), 16 March 2022).

 

The Chair of the Sub Group reported on its initial meetings in considering the High Needs management plan. It was intended to invite some Officers on an as required basis, over a small basic core.  He further advised that the Sub Group would be considering a response to the Green Paper consultation on changes to Special Educational Needs & Disabilities (SEND) and Alternative Provision (AP) in England.

 

DECISION:

 

(a) that the High Needs Funding Sub Group Terms of Reference (section C), Membership, read as follows:-

 

(i) that the Sub Group membership structure should be the same as the Schools Finance Group (currently 14 Members, plus Officers) in terms of phases and groups (HT/governors) to include Early Years and Post 16, drawn from the Forum;

 

(ii) that the Quorum be set at 5 Members;

 

(b)  that the Sub Group’s recommended response to the Green Paper above be emailed to the Chair and Spokespersons of the Forum, together with the wider membership for any comment/approval in accordance with DEF urgency procedures to meet the consultation deadline.*

 

*note (post meeting): response submission deadline now extended to Friday 22 July 2022).

 

ACTION:

 

(a) Education & Learning (Heidi Watson Jones);

(b) Education & Learning (Heidi Watson Jones) /Acting County Solicitor (Fiona Rutley). 

53.

SEND 100 Project Update (DEF Minute 37(b))

Director of Finance and the Chair of the SEND 100 Steering Group to report on:-

 

(a) DEF minute 37(b), 16 March 2022 resolution:-

 

“(b) that the SEND 100 Steering Group (at their meeting on 31 March 2022) examine the detail of the above proposals and make a recommendation to DEF about the extension of the current arrangement to 1 August 2022 and the move to business-as-usual provision under the DSG Management Plan proposals thereafter.”

 

(b) Devon School Leadership Services (DSLS) has also requested that the Forum consider the SEND 100 Project - Progress Update and Forward Planto include:-

 

-Progress findings on SEND 100 Project Strands - impact v objectives;

 

-Financial analysis of expenditure against total funding of £1,644k as at 1/4/21 and recommendations for any project surplus for DEF to consider/sign off;

 

-Forward plan for project on transition to DCC wef 1/8/22 to include arrangements for seconded Project Lead post due to end 31/3/23;

 

-Agreement by DEF to close project and transfer to high needs funding group for monitoring from September.

Minutes:

DISCUSSION:

 

The Chair of the SEND 100 Steering Group reported that it was anticipated that this Group would cease once Babcock SEND services came back in-house (transition wef 1 August 2022), with any of its ongoing work managed via the High Needs Sub Group.  It was hoped that some of the SEND 100 project carry forward could be used to widen/develop the role of the seconded Project Lead due to end 31/3/23, as appropriate.

 

It was noted that no current decision was required by the Forum in respect of DEF minute 37(b), 16 March 2022 resolution, i.e.:-

 

that the SEND 100 Steering Group (at their meeting on 31 March 2022) examine the detail of the above proposals and make a recommendation to DEF about the extension of the current arrangement to 1 August 2022 and the move to business-as-usual provision under the DSG Management Plan proposals thereafter.”

54.

DEF Proportionality (to September 2022) and Elections

To note that further to consultation in reviewing Proportionality (pupil census data projected to September 2022), no change in the current Forum Membership is proposed, noting elections to be held during the summer term 2022.     

Minutes:

DISCUSSION:

 

To note that further to consultation in reviewing Proportionality (pupil census data projected to September 2022), no change in the current Forum Membership was proposed, noting elections to be held for the coming academic year 2022/23.

 

An academy representative queried the proportionality remaining at the status quo, given primary academy pupil numbers were now shortly below 50% (i.e. 46.4%)

 

There were currently 3 academy primary representatives and 5 maintained primary representatives across the 8 phase seats.

 

DECISON: that the status quo remain for 2022/23 elections.

 

ACTION:  Acting County Solicitor (Fiona Rutley)/Phase election officers.    

55.

Standing (and other) Groups pdf icon PDF 122 KB

To review action and receive minutes for the Forum from its standing groups and to receive summary/minutes from other groups (Schools Finance Group at item 8 above):-

 

(a) Standing Group - School Organisation, Capital and Admissions Forum

 

Minutes of the meeting held on 6 June 2022, attached

 

Also available at

https://new.devon.gov.uk/educationandfamilies/school-information/devon-education-forum/school-organisation-capital-and-admissions-group-soca

 

(b) Other Groups

 

n/a.

Minutes:

The Forum received the following standing group minutes:-

 

School Organisation, Capital and Admissions (SOCA)

 

Minutes of the meeting held on 6 June 2022.

 

Also available at

School Organisation, Capital and Admissions Group (SOCA) – Education and Families (devon.gov.uk)

56.

Future Meetings - Dates and Arrangements

Meetings held at 10am, please check venue/arrangements on link https://democracy.devon.gov.uk/mgCalendarMonthView.aspx?GL=1&bcr=1

 

Wednesday 23 November 2022

Wednesday 18 January 2023

Wednesday 22 March 2023.

Minutes:

Please check venue/arrangements at

https://democracy.devon.gov.uk/mgCalendarMonthView.aspx?GL=1&bcr=1

 

Wednesday 23 November 2022

Wednesday 18 January 2023

Wednesday 22 March 2023.