Agenda and minutes

To be elected from amongst DEF members, excluding any member of the Forum who is an elected member or officer of the authority (2 year term - until the autumn term meeting 2024).

DECISION:

That Mrs Faith Butler be elected Chair, for a 2 year term of office - until the autumn term meeting 2024.

To be elected from amongst DEF members, excluding any member of the Forum who is an elected member or officer of the authority (2 year term - until the autumn term meeting 2024).

DECISION:

That Mr Alex Walmsley be elected Vice-Chair, for a 2 year term of office - until the autumn term meeting 2024.

Minutes of:-

(a) the ordinary meeting held on 22 June 2022, attached and;

(b) the special meeting held on 28 September 2022, attached.

DECISION:

That the minutes of (a) the ordinary meeting held on 22 June 2022 and (b) the special meeting held on 28 September 2022, be signed as a correct record.

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

DISCUSSION:

The Chair decided that this matter should be considered at the meeting as matters of urgency following recent DCC leadership changes. 

Forum Members expressed serious concern regarding DCC stability for services given the current number of interim posts in key leadership positions.

Reassurance was sought regarding measures to address stability and key budget/service factors, to mitigate the impact on schools.

DECISION:

That Phase Association leaders would welcome a meeting with DCC leadership at an appropriate stage.

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.

DISCUSSION:

The Forum requested a regular update from Cabinet on key issues impacting on the work of this Forum and schools, including the High Needs budget deficit, SEND plan and Children’s services plan.

DECISION:

That a regular update be provided at Forum meetings.  

ACTION:

Head of Education (Rachel Shaw)/Cabinet Member

DISCUSSION:

The Chairman welcomed new Members and the following membership changes were noted following DSLS elections for Primary Maintained Headteacher representation (arising from the resignation of Mr Alun Dobson):-

Mr Christopher Tribble, Honiton Primary, full Member (instead of substitute);  

and Ms Rachel Miller, Kingskerswell CE Primary (substitute Member).   

ACTION:

Legal & Democratic Services (Fiona Rutley)

Presentation by Head of Education on Education Annual Performance Report (Autumn 2022), document attached.

 DISCUSSION:

(a) The Head of Education reported on the Education Annual Performance Data Report Autumn 2022 in the context of the whole Devon picture of school and education services, highlighting:-

-challenges for pupil outcomes in most areas compared with nationally and against statistical neighbours (excepting that grade 4+ GCSE was slightly higher than the national average);

-the gap in performance of disadvantaged children had widened.  This group was disproportionately affected by a poor start in life. The Early Years team had now extended support to the end of Reception year, including early pre-school support e.g. school readiness, children’s health, attendance, support for families, speech and language.  Early Years lack of funding and settings’ financial pressures including the minimum wage, particularly in rural Devon was of concern;

-absence rates were higher than nationally and statistical neighbours;

-Elective Home Education (EHE) continued to increase, with a lack of resources to effectively monitor EHE pupils excepting for safeguarding reasons.  Approximately 20% of families were choosing EHE for lifestyle reasons. A significant proportion of the remaining pupils being EHE were due to social, emotional and mental health concerns, risk of exclusion or special educational needs.

-Suspensions and Permanent Exclusions continued to increase,  with both “at risk” pupils and schools struggling.

Following discussions with a range of groups, a four part plan had been drawn up to ensure that every child thrived (not survived) in education every day:-

(i) attendance was everyone’s business with early intervention, support for parents and working with health and police colleagues;

(ii) developing strong relationships in settings with children and young people so that our children wanted to come to school, stay in school and feel a sense of belonging;

(iii) developing alternative routes through the curriculum, needed at a time when vocational study had reduced;

(iv) broadening SEND universal provision in the classroom to manage the higher level SEND needs in mainstream settings.  

Much of the plan would utilise the sharing of good practice, expertise and networking.

Members welcomed the comprehensive report data whilst recognising Devon’s disappointing performance and noted the monitoring being undertaken, to pick up any matters that may require further consideration at the earliest opportunity. 

Member’s discussion also included:-

-concern around an increase in some school behavioural approaches that impacted on relationships and hindered meeting SEN in mainstream and negatively impacted on exclusions. Further feedback from Headteachers would be welcomed;

-whilst Devon had a large education support service, team leaders were looking at where rational savings could be made as part of the County Council’s budget reductions required across the whole Council.  The Babcock transfer of staff back in-house had been positive.  Effective training both external and internal could be delivered despite budget reductions through using collaborative expertise within the LA and Devon’s educational settings;    

 -consideration of how Education Welfare (EW) Services could support schools and families prior to any breakdown in relationships.  As EW resources were stretched with no statutory funding around EHE, a traded service model was being investigated, together with  ...  view the full minutes text for item 67.

(a) Minutes of the Schools Finance Group (SFG), 11 July, 14 September and 9 November 2022, attached.

(NB: The Forum considered AWPU recovery (note 4, SFG, 11 July) at its Special Meeting on 28 September 2022). 

Also available at

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

(b) Report of the Director of Finance and Public Value and Director of Children and Young People’s Futures (Interim), (DEF/22/11) attached.

DISCUSSION:

(a) Schools Finance Group Minutes - 11 July*, 14 September and

9 November 2022.

The Forum considered the above minutes, including the respective minutes relating to the Finance Update Report (DEF/22/11).

Also available at

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

*NB: The Forum had previously considered AWPU recovery (note 4, SFG,

11 July 2022) at its Special Meeting on 28 September 2022) and resolved:-

“(a) that the transfer of AWPU and per pupil funding (e.g. Pupil Premium) for pupils who are removed from a mainstream school roll, for reasons other than permanent exclusion, and are receiving education funded by the local authority other than at a school (EOTAS) be approved wef 1 September 2022;

(b) the transfer the AWPU and per pupil funding for each term that the pupil is in alternative provision funded by the LA be approved wef 1 September 2022; and;

(c) that the Head of Education send a communication to all schools regarding their ongoing responsibility towards these pupils when in/out of school, together with information on the EOTA/medical provision placement setting role.”

DECISION:

that the minutes of the Schools Finance Group (SFG), 11 July, 14 September and 9 November 2022 be received and noting:-

(i) the Forum’s previous consideration at its special meeting (DEF, 28 September 2022, minute 59) of AWPU recovery (SFG, 11 July 2022, note 4); and

(ii) High Needs Place Funding (SFG, 9 November 2022, note 3) i.e. Devon changes in accordance with operational funding Guidance, wef 1 January 2023.

(b) Finance Update Report

DISCUSSION:

The Forum considered the Report of the Director of Finance and Public Value and Director of Children and Young People’s Futures (Interim) (DEF/22/11), which covered:-

-Budget monitoring month 6 (2020/21) Dedicated Schools Grant (DSG);

-Schools Block;

-DSG Deficit Management Plan;

-Early Years and Childcare services £376,000 underspend;

-High Needs;

-Safety Valve Investment;

-Safety Valve Workstream Savings;

-Impact of Cost Reduction on Overall Deficit;

-Capital Investment; and

-Risks.

In summary the report advised that:-

-The month 6 outturn forecast for 2022/23 saw an overspend in the overall Dedicated Schools Grant (DSG) of £36.9 million associated with the continued demand on High Needs and the growing demand on Special Educational Needs (SEN) placements within the Independent Sector despite creating more places within Devon’s Special Schools.  This was an adverse change of £2.6 million since month 5 (£2.5 million from month 4);

-The Management Action of £10 million reflected revised savings expected to be delivered in 2022/23 as per the Safety Valve submission to the DfE. To date, £3.4 million of Management Actions had been achieved since the start of the summer term;

-Current forecast indicated that £1.6 million of savings would not be achieved in this financial year due to 44 of the 77 planned 3-5 year placements within the Independent Sector leaving at the end of the summer term and a delay in resource base provision placements being occupied / opened. This was projecting a cumulative DSG deficit  ...  view the full minutes text for item 68.

Report of the Director of Finance & Public Value and Director of Children and Young People’s Futures (Interim) (DEF/22/12), attached. 

DISCUSSION:

The Forum considered the Report of the Director of Finance & Public Value and Director of Children and Young People’s Futures (Interim) (DEF/22/12), following consultation with schools which aimed to deliver the fairest distribution of funding for the majority of schools, whilst keeping within funding requirements and National Funding Formula guidance.  There was a welcomed increase in school responses this year, i.e. 39% of schools representing 38,000 pupils responded (analysis of participation at Appendix 1 of the Report).

The Director of Finance & Public Value provided revised details in relation to the De-delegation School Improvement bar chart, at Appendix 2 of the Report (resulting from a new software error) i.e.:-

In relation to the consultation regarding the movement between blocks and recommendation (b) in the Report, it appeared that schools were not fully appreciative of the one-off treatment to transfer funds and so 56% schools did not agree to moving 0.5% from the Schools Block to the High Needs Block (paragraph 3.11).   When presented with 3 options of how the £2.48 m would be funded, 92% schools preferred to fund via a one-off transfer from the growth fund surplus. Members voiced concerns that schools were not willing to make the transfer in the first instance against a background of school budgets volatility and instability.

DECISION:

(a) that Cabinet be recommended:-

that the proposals for the 2023-24 schools revenue funding formula as set out in Report (DEF/22/12) be approved as follows:-

(i) that the Minimum Funding Guarantee (MFG) be set at 0%;

(ii) that the sparsity factor be adjusted should actual funding received be lower than the indicative amount stated in the consultation;

(iii) that any unallocated funds be distributed in the following order prior to using surplus growth fund, (should actual funding received be higher than the indicative amount stated in the consultation):-

(A) Bring the Sparsity factor up to the National Funding Formula rates stated for 2023-24;

(B) Add to the MFG up to a maximum of 0.5% per 2023-24 guidance; and

(C) Go towards the amount being transferred to the high needs block up to a maximum of 0.5% (see Movements into Another Block), subject to either:-

-this only being agreed if Report (DEF/22/12) recommendation (b) was approved (paragraph 3.13 of the Report also refers); OR,

-the disapplication to the Secretary of State was successful (paragraph 3.14 refers).

(Note: the final funding rates may change subject to affordability when the October 2022 pupil data and Schools Block DSG settlement is confirmed in late December 2022).

(Vote: Schools, Academies and PVI members)

(b) that Cabinet be recommended:-

that should the Secretary of State overrule the Forum’s decision* not to support the transfer0.5% between blocks for 2023-24 through a one-off transfer of the growth fund surplus and thus allows DCC to apply the 0.5% transfer, this should be funded from the growth fund surplus (as Report recommendation (b) and school responses in paragraphs 3.12-3.13).

*(Note: the recommendation as set out in  ...  view the full minutes text for item 69.

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

(a) Standing Groups

(i)  School Organisation, Capital and Admissions Forum

Minutes of the meeting held on 27 September 2022, attached

Also available at

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

(ii) High Needs Funding Sub Group

To note, the draft response to the government’s SEND Green Paper Consultation was circulated to all Forum Members for comment, prior to its submission on 22 July 2022.

(b) Other Groups

-

The Forum received the following from its standing and other groups (excepting Schools’ Finance Group (SFG) minutes, (considered under Finance Update minute above):-

(a) Standing Groups

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

Minutes of the meeting held on 27 September 2022.

Also available at

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

(ii) High Needs Funding Sub Group

The Chair summarised the group’s progress, including that DEF’s newly established standing Sub Group had met several times to consider:-

- the response to the government’s SEND Green Paper Consultation (submitted on 22 July 2022), following circulation to all Forum Members for comment;

-Ofsted, SEND improvement plan, High Needs financial situation and progress with the DfE DSG Safety Valve Plan, as supported by data sets to examine trends, sufficiency and capacity; and

-Next academic term it was proposed to look in detail at Devon’s independent special school placements; resource bases and EHCP processes.

Further consideration could be given to the Sub-Group’s reporting mechanisms which operated mainly as an advisory/sounding board on High Needs issues (no delegated powers).

ACTION:

(a)(ii) - Legal & Democratic Services (Fiona Rutley) and Chair of High Needs Funding Sub Group.  

Meetings at 10am. Please check venue/arrangements https://democracy.devon.gov.uk/mgCalendarMonthView.aspx?GL=1&bcr=1

Wednesday 23 November 2022

Wednesday 18 January 2023

Wednesday 22 March 2023

Wednesday 21 June 2023

Wednesday 22 November 2023

Wednesday 17 January 2024

Wednesday 20 March 2024.

Meetings at 10am. Please check venue/arrangements https://democracy.devon.gov.uk/mgCalendarMonthView.aspx?GL=1&bcr=1

Wednesday 23 November 2022

Wednesday 18 January 2023

Wednesday 22 March 2023

Wednesday 21 June 2023

Wednesday 22 November 2023

Wednesday 17 January 2024

Wednesday 20 March 2024.