Agenda and minutes

To receive any declarations of interest, over and above any general interest arising from being a teacher or governor of a school.

No interests were declared, over and above any general interest arising from being a teacher or governor of a school.  

Minutes of the meeting held on 20 March 2024, attached.

DECISION:

That the minutes of the meeting held on 20 March 2024 be signed as a correct record.

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 Cabinet Member - SEND Improvement, reported on her recent attendance at f40, focussing on the group’s continued fairer funding and reform lobbying, including the ongoing SEND underfunding challenges and challenges of the statutory Education, Health and Care Plan (EHCP) process.  F40 was reviewing its campaign in preparation for the new government following the 4 July 2024 general election.     

DISCUSSION:

The following resignations since the last meeting were noted:-

Ms R Saim, maintained primary headteacher; and

Ms G Sanders, academy secondary representative (governor).

(Vacancies to be considered during elections for the next academic year).

(a) Report of the Director of Children and Young People’s Futures (DEF/24/10), attached;

(b) Deputy Director and Head of Education to report on DEF Member request to look into the Approach to Pupil Premium – Review of other LA Practices.

DISCUSSION:

(a) The Forum considered the Report of the Director of Children and Young People’s Futures (DEF/24/10).   The Deputy Director and Head of Education in summarising, included as follows:-

(i)  Key Performance Indicators for Attendance, Exclusions, Elective Home Education (EHE) and Children Missing Education (CME)

School attendance in Devon had made progress over the last six months across phases and was now 0.1% above the national average in both primary/ special schools; and 1% below the national average in secondary schools.  Devon’s attendance improvement team was well placed to respond with its schools to legislative changes (August 2024).

There was concern at the large number of EHE pupils (2600), data indicated where all these pupils were, parental reasons given for EHE and highlighted wide variations across the county.  Project work was in train for September 2024 with some academy trusts and large maintained schools to improve the picture and with targets for reintegration of EHE pupils back into school.  A Member suggested reviewing the resourcing of EHE pupils to encourage their reintegration back into schools;

There was a large gap in Devon between disadvantaged and other pupils and it was hoped that funding would be available for Exeter University social mobility research next year.  SEN pupils in Devon had a lower performance.

Exclusions were reducing and was an ongoing improving picture.  Data indicated the number of exclusions, but Members also requested to know how many pupils were receiving multiple fixed term suspensions within these figures.  The reasons and support for pupils suspended at a young age was a particular concern.

(ii) Devon Schools and Pupils

Census data was noted.

(iii) Outcomes

It was welcomed that Devon’s special school sector was strong and buoyant with almost all of special schools inspected in the last 12-15 months, with a Good or better Ofsted grading.   

Key stage 2 results indicated writing and mathematics were weak and were being investigated by the curriculum team.  However it appeared that Ofsted was generally comfortable with the direction of travel of Devon school performance.

(b) Deputy Director and Head of Education reported on a DEF Member’s request to look into the Approach to Pupil Premium - Review of other LA Practices. It was noted that there was not an easy solution for two tier authorities such as Devon to get Pupil Premium money automatically paid to schools.  However to be able to capture full pupil premium would result in significantly more funding and so Officers were asked to further work with District Councils and explore whether any other two tier authorities/f40 had been successful in finding a solution. 

DECISION:

(a) that in response to Member comments the Deputy Director and Head of Education be requested to:-

-review the attendance figures given within the report;

-provide the number of pupils suspended;

-include special schools within all data for benchmarking;

-include a key to abbreviations/acronyms;

-explore the resourcing of EHE pupils and money recirculating into schools that were supporting the reintegration of EHE pupils; and

(b) that the  ...  view the full minutes text for item 135.

Report of the Director of Children and Young People’s Futures (DEF/24/11), attached.

DISCUSSION:

The Forum considered the Report of the Director of Children and Young People’s Futures (DEF/24/11), comparing Devon’s SEND performance against similar funded local authorities (including EHCP assessments and plans; suspensions and exclusions and attainment.

The Report concluded that:-

-Compared to the other 53 lowest funded local authorities in England, Devon was a significant outlier regarding performance related to Education Health and Care Needs Assessments and Plans. This was also the case when Devon was compared to regional, national and statistical neighbours;

-Devon had been in the Top 10 of comparator LAs for suspensions and exclusions of children with EHCPs since 2021; and

-Devon was broadly in the Top 20 of all comparator LAS when considering the attainment of children and young people with SEND. However, this was potentially due to the size of the EHCP cohort, as cohorts that are larger tend to include pupils with less complex needs.

Members’ discussion included:-

-noting Ofsted’s last monitoring visit regarding Devon’s social care was positive;

-that Devon’s data compared to the other 53 lowest funded local authorities was stark, reinforcing the need for an EHCP culture shift in Devon;

-that understanding what these other comparator LAs were doing differently to Devon would be helpful;

-comments from the Alternative Provision representative regarding the positive impact on pupils AP could have with earlier intervention and in helping to reduce the need for EHCPs.  Some pupils had had a number of suspensions for relatively minor behaviour breaches. A number of EHCPs were parent led as they felt needs were not met. An early intervention and inclusion, locality level multi-agency partnership approach, towards honest requirements, would support successful reintegration of pupils, reducing the escalation of need. 

DECISION:

(a) that Ofsted’s letter regarding their findings from the last Devon social care monitoring visit be circulated to the Forum;

(b) that Members’ comments as above be noted; and

(c) that Officers investigate further what other comparator LAs were doing differently to Devon;

ACTION:

Director of Children and Young People’s Futures (Stuart Collins): (a)

and SEND Improvement Director (Kellie Knott) (b) and (c).

Item 2 – High Needs Update, SFG has:-

Recommended: that following the successful entry into the DfE Safety Valve Intervention Programme, DEF stands down the High Needs Funding Sub Group,* with High Needs funding becoming a standing agenda item at SFG meetings.

*(no outstanding Sub Group minutes to be presented to DEF).

Minutes of the SFG meeting held on 5 June 2024, attached.

Also available at

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

DISCUSSION:

The Forum considered SFG minute (Item 2) regarding High Needs Update and the group’s recommendation to disband the High Needs Funding Sub Group.   

There were no outstanding High Needs Funding Sub Group minutes to be presented to DEF.

Members also noted that SFG minute (Item 4) regarding carry forwards from 2023/24 would be considered within the Finance Update Report at (b) below.

DECISION:

(i) that following the successful entry into the DfE Safety Valve Intervention Programme, DEF stands down the High Needs Funding Sub Group, with High Needs funding becoming a standing agenda item at SFG meetings; and

(ii) that the remaining minutes of the SFG meeting held on 5 June 2024, be received.

Also available at

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

Joint Report of the Director of Children and Young People’s Futures and Director of Finance and Public Value (DEF/24/12), attached.

DISCUSSION:

The Forum considered the joint Report of the Director of Children and Young People’s Futures and Director of Finance and Public Value (DEF/24/12), which included:-

-the Dedicated Schools Grant (DSG) and Schools Funding Outturn Report 2023/24;

-DSG Deficit and adjustment account;

-High Needs;

-Carry forward requests;

-Individual school balance carry forwards; and

-Early Years surplus carry forward.

The executive summary included the DSG outturn position at breakeven after transfers to the DSG Adjustment Account, ringfenced carry forwards and contributions. Although an improvement from months 11 and 10, the continued demand on independent SEN placements and delays in implementing management actions within the DfE Safety Valve/Improvement Plan. A high number of EHCP referral requests continued (2,142 for 2023/24, an increase of 1.4%) and support from schools was required to mitigate growing demand. Although Devon was now in the Safety Valve Intervention Programme the increasing DSG deficit could impact future DSG education budgets and the financial sustainability for the County Council.

Members’ comments included:-

-Appreciation of all the work involved enabling Devon to be accepted into the the Safety Valve/Improvement Plan.  As DfE funding was dependent upon Devon meeting its Plan targets ongoing, all Forum and sub group reports to include analysis against the 6 conditions set out within the Safety Valve agreement was requested;

-budgetary and performance assumptions made within the Plan, to be regularly reviewed with appropriate management actions;

-ability to implement a longer term practice shift to SEND and confidence that the SEND improvement strategy would have impactful early support and inclusion before considering EHCPs, using an evidenced based approach; and  

-it was noted that the DfE Safety Valve/Improvement Plan and SEND improvement strategy were a key priority for the County Council.

DECISION:

that in respect of Report (DEF/24/12):-

(a) that the DSG Outturn position be noted;

(b) the surplus budget carry forwards for schools, de-delegated, central school services and High Needs as set out in Section 5, table 6 be noted;

c) the individual School Balance carry forwards as set out in Section 5, table 7 be noted;

(d) the DSG Deficit Adjustment Account as set out in Section 5, table 8 be noted;

(e) the Early Years surplus carry forward as set out in Section 5, table 6 (i.e. £73,000 Early Years Pupil Premium (ringfenced grant for Summer term); and

be approved;

(f) all Forum and sub group reports to include analysis against the 6 conditions set out within the Safety Valve.  

(Vote: Schools, Academies and PVI Members)

ACTION:

Director of Finance and Public Value (Adrian Fox): (e), (f).

Director of Legal & Democratic Services to report following the review of pupil census data (projected to September 2024), requiring DEF’s membership to be broadly proportionate with pupil numbers.  Association elections will reflect the changes for autumn term DEF membership.

DISCUSSION:

The Director of Legal & Democratic Services reported following the review of pupil census data (projected to September 2024), requiring DEF’s membership to be broadly proportionate with pupil numbers and that some change was therefore needed to secondary and special phase DEF representation, to be agreed by the County Council.  Association elections were to reflect the changes for autumn term DEF membership.

DECISION:

(a) that DEF endorse the proposed secondary phase proportionality change as follows:-

Headteachers - 3 academy and 1 maintained (no change); and

Governors - 4 academy (change from 3 academy and 1 maintained);

(b) that Officers have further discussions with the phase associations regarding special school representation on DEF for the autumn term 2024 and advise the Forum;

(c) that DEF’s Constitution (Membership Composition) be amended to reflect changes; and

(d) that Officers look into other Member comments in relation to membership/proportionality issues as necessary.

ACTION:

Director of Legal & Democratic Services (Fiona Rutley)

To review action and receive minutes for the Forum from its standing groups (excepting Schools Finance Group and the High Needs Funding Sub Group, as set out above) and to receive summary/minutes from other groups:-

(a) Standing Groups

(i)  School Organisation, Capital and Admissions Group

Minutes of the meeting held on 14 May 2024, attached.

Also available at

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

(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):-

School Organisation, Capital and Admissions (SOCA)

The Forum received the Minutes of the meeting held on 14 May 2024.

Also available at

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

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

Wednesday 20 Nov 2024

Wednesday 22 Jan 2025

Wednesday 19 March 2025.

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

Wednesday 20 Nov 2024

Wednesday 22 Jan 2025

Wednesday 19 March 2025.