Agenda and minutes

Minutes of the meeting held on 17 March 2021 attached.

DECISION:

That the minutes of the meeting held on 17 March 2021 be signed as a correct record.

The Chair welcomed Mrs Saltmarsh to the meeting,  attending in accordance with the County Council’s Standards Committee’s monitoring of meetings role.

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.

(There were no matters raised.)

DISCUSSION:

(a) The Chair welcomed Councillor Andrew Leadbetter, recently appointed as Cabinet Member – Children’s Services & Schools Services and serving as a Formal Observer on this Forum (replacing Councillor James McInnes);

(b) The Chair thanked on behalf of the Forum, the following members for their service and commitment as they were stepping down from the Forum by 31.8.21.  There was particular appreciation of the long service of Mr Dobbins and Mrs Warne:-

(i)   Mr Malcolm Dobbins – primary maintained governor

(ii)  Mrs Jacqui Warne – special school headteacher

(iii)  Ms Moira Marder – secondary academy headteacher

(note: other membership change Mr Jan Stokes – primary maintained governor had resigned (May 2021)).

DECISION:

That the Forum formally place on record their appreciation to retiring members Mr Dobbins, Mrs Warne and Ms Marder.  

ACTION:

County Solicitor (Fiona Rutley)    

Head of Education & Learning to verbally update the Forum.  

DISCUSSION:

The Head of Education & Learning gave a progress update on the SEND Transformation draft proposals for a SEND graduated support offer, following consultation with children and young people with SEND and their families, as well as professionals across education, health and social care, in which there was overwhelming support for the proposed model in which children and young people with SEND and their families are at the centre.

This aimed to provide two levels of SEND support, bringing together education, health, and social care into SEND Support Hubs providing first SEND support (includes non-statutory services); and SEND Locality Partnerships providing further SEND support (includes statutory services).

The draft proposals would be presented to the SEND Improvement Board and the SEND Transformation Steering Group, then through education, children’s social care, adult’s social care and health leadership teams.  After the next phase of implementation final recommendations would be presented to Devon Children and Families Partnership Executive for agreement.

The Forum’s 16-19 representative further offered his and FE sector support within the process.

Report of Chief Officer for Children’s Services and County Treasurer (DEF/21  /07) attached.

DISCUSSION:

The Forum considered the report of the Chief Officer for Children’s Services and County Treasurer (DEF/21/07) regarding the Dedicated Schools Grant (DSG) and schools funding outturn report 2020/21.

.

The Forum also noted the respective minutes of the Schools Finance Group (SFG) of 26 May 2021.

In summary:-

-the draft outturn position for the Dedicated Schools Grant (DSG) was an overspend of £22.5m (comprising individual school balances of £21.1m, ringfenced balances of £5.4m and cumulative DSG Deficit of just under £49m;

-although this was an improvement of £740,000 from month 11 position the continued demand on High Needs and the growing demand on SEN placements within the independent sector continued to drive the pressure which remained extremely concerning;

-the overspend on the High Needs Block was expected to be £22.8m at the start of the year but had worsened by £6.8m in year to an overspend of £29.6m; and 

-in line with government requirements the DSG Deficit balance of £49m would be transferred to a DSG adjustment account.

Members comments included:-

-in respect of the report summary (above) and table 2 (High Needs 2020/21 summary), a simplified way to assist Members to quickly identify, track and understand changes in the deficit and funding gap, with a separate accounting line was requested;

-that Members wanted to be alerted to any savings in key areas where they would not necessarily wish to see savings/change to service (eg paragraph 5.11 of the Report: SEN Therapies – Multi-Sensory Impairment (MSI) where the contract 2020/21 had temporarily come back in house to DCC  and support commissioned from Babcock had seen a genuine saving rather than any reduction in service; and paragraph 6.1 of the Report: the Early Years Disability Access Fund;

-clarification of figures and how they were presented re: paragraphs 5.22 and 5.23, independent special schools £2.5m overspend;

-a detailed breakdown of the Alternative Provision (AP) £533,000 underspend was requested by the AP representative; 

-two academy Members expressed their dissatisfaction at a recent letter sent by the County Council to its staff directly employed within maintained schools advising that a token honorarium would be made in recognition of their work carried out during the pandemic. They suggested that this was divisive as it did not include all the Devon schools family. They had written to the Council’s Chief Executive and now sought an assurance (a) that this was to be funded directly by the County Council and not from any education/DSG budget and (b) that the LA did not appreciate maintained staff over academy staff. The Head of Education & Learning stated that the Chief Executive would be sending a formal response, however she confirmed that this token was being made as the employer of maintained school staff from its own funds. She personally absolutely appreciated the phenomenal response of all the Devon schools family during the pandemic which had been recognised nationally also.       

DECISION:

(a) that the DSG Draft Outturn position (subject to Statement of Accounts sign off) as set out  ...  view the full minutes text for item 6.

Officers to give a verbal update of the meeting held on 9 June 2021.

DISCUSSION:

Members were advised of the DSG Management Action Plan meeting with the DfE held on 9 June 2021, between senior DCC Officers, Education and Skills Funding Agency (ESFA) and a DfE SEND adviser. Following meetings ESFA had held with other LAs they had now changed their process for meeting with LAs and submission of the management plan.

The meeting on 9 June was informal covering a wide range of challenging and searching scrutiny.  Devon was required to submit its management plan within 6-8 weeks, to be followed up by formal meetings.  This was a separate process to any discussion with  DfE regarding a ‘safety valve’ agreement (additional central government funding).

The 9 June meeting covered information and figures that DEF members had previously received.   DCC Officers also raised issues around equitability, funding deprivation factors, increase in number and complexity of EHCPs and the outstanding review of HNB consultation.

At this stage ESFA had not challenged Devon’s draft plan, monitoring or its timescales but this could come within the formal meeting process.  

In response to Members questions:-

-the plan was required to be in place before there could be any discussion regarding a safety valve; and  

- it was noted that Officers were analysing individual EHCP cases in relation to need within the maintained/independent sector, but that this could be further refined to help predict trajectories.  

ACTION:

Head of Education & Learning (Dawn Stabb – EHCP further analysis)

To review action and receive minutes for the Forum from its standing groups and to receive summary/minutes from other groups:-

(a) Standing Groups

(i)  Schools’ Finance Group

Minutes of the meeting held on 26 May 2021, attached

Also available at 

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

(ii) School Organisation, Capital and Admissions Forum

Minutes of the meeting held on  25 May 2021, 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

(i)  Report of DEF member briefing 10 May 2021, attached.

(ii) SEND Transformation Steering Group (see SEND Transformation Update item above on the agenda).

The Forum received the following from its standing and other groups:-

(a) Standing Groups

(i)  Schools’ Finance Group (SFG)

Minutes of the meeting held on 26 May 2021 (considered under Finance Update minute above)

DISCUSSION:

In light of earlier discussions at today’s Forum meeting regarding monitoring and scrutiny of the DSG Management Action Plan, Members wished to review SFG’s terms of reference, noting that Forum groups were advisory without delegated powers with decisions to be taken by the whole Forum. One aim was to limit any unnecessary duplication, whilst balancing the need for, information and debate at both SFG and Forum meetings.*

Members also queried an action point within the SFG minutes (note 4, bullet 3) which stated: “DEF to consider need for a named accountable person for the SEND 100 project outcomes.” The Head of Education & Learning and Alternative Provision Member advised that the project lead was now in post, who was accountable for the progress of the SEND 100 project.  However accountability for the financial performance of the DSG management plan would be set out within the governance tab of the plan when finalised.    

*(note: ESFA Schools Forum guide (March 2021) Paragraph 64 refers:-

“The groups can also include wider representation…to consider detail…The reference group would then be able to give its considered view on the local authority’s proposals to the schools forum. The schools forum should not delegate actual decisions or the finalisation of advice to a working group, as this may have the effect of excluding legitimate points of view).”  

DECISION:

That SFG review its terms of reference and reporting style in light of the above and report back to the next meeting of this Forum for consideration.

ACTION:

County Treasurer (Adrian Fox)/Education & Learning (Heidi Watson-Jones)

(ii) School Organisation, Capital and Admissions (SOCA)

Minutes of the meeting held on 25 May 2021  

(b) Other Groups:

(i)  SEND Transformation

See SEND Transformation Update minute above.

(ii)  Briefing for Devon Education Forum Members

Report of the meeting held on 10 May 2021. 

To note:  that pupil census data predicted to the autumn term (as previously circulated to members) indicated that no change to the proportionality of Forum seats was required for autumn 2021.   Elections would be held over the summer to fill any vacancies. 

DISCUSSION:-

The Forum noted that pupil census data predicted to the autumn term (as previously circulated to members) indicated that no change to the proportionality of Forum seats was required for autumn 2021.  Elections would be held over the summer to fill any vacancies.

ACTION:-

County Solicitor (Fiona Rutley) and Phase association election officers.

Meetings usually held at County Hall, Exeter, at 10am.  However please check venue/arrangements during the current situation.

Wednesday 17 November 2021

Wednesday 19 January 2022

Wednesday 16 March 2022.

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

Meetings usually held at County Hall, Exeter, at 10am.  However please check venue/arrangements during the current situation.

Wednesday 17 November 2021

Wednesday 19 January 2022

Wednesday 16 March 2022.

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