Agenda item

To receive and consider the recommendations of the Cabinet (Minute 301(c)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Atkinson and referred thereto in accordance with Standing Order 8(2), namely:

 

Councils like DCC use the high needs funding block of the DSG to fund statutory Special Education Needs provision as required by law. Since its introduction the government has repeatedly refused to fund this adequately. This has meant that to meet its statutory duty DCC has spent £127m from reserves to fund this. The Government has allowed Councils like DCC to keep ever increasing deficits on spending for children with special educational needs and disabilities off their balance sheets and has approved an extension of this for a further three years.

           

The Government’s local government finance policy statement published in December says that the statutory override for the Dedicated Schools Grant (DSG) will be extended for the next three years, from 2023-24 to 2025-26.

 

This money has already been spent on SEND services by DCC to the tune of £127m by the end of this financial year. Across the UK the total deficit by all councils is expected to be £2.3bn which the Government is refusing to fund. This deficit in Devon will only increase and can only be met out of our reserves or borrowing. Our reserves have already been run down to breaking point and the deficit has arisen as a result of the Government’s withdrawal of £135 m of Revenue Support Grant and inadequate funding in the DSG.

 

The statutory override means that any DSG deficits are not included in DCC Council’s main revenue budgets. It also means that £127m is now unavailable to invest to save in much needed capital projects to benefit Devon residents.

 

The Government has said it may consent to a capitalisation of some or all of this deficit. This means that DCC would have to take out long-term borrowing at current interest rates of up to £127m so that the borrowed money could be available for capital spending on projects in Devon. It is contrary to local government law for us to do this without consent and it is also contrary to good economic planning to borrow money (other than in the short term by way of an overdraft) to be spent to pay off deficits for revenue spending or to fund revenue services.

 

People in Devon would in effect be asked through their council tax to fund the paying off of this revenue debt run up by the Government’s refusal to fund SEND services. This loan would to be repaid over, say, 25 years. This means our residents their children or grandchildren will be paying through council tax to pay off the capital and interest on the loan for services that they obtained no benefit from as they have already been provided before the loan was taken out.

 

This Council

 

1. Calls on the Government to pay DCC £127m, for this SEND deficit in 2023 so that this money can be used to invest in Devon.

 

2. Believes it is wrong for Government to expect local authorities like Devon to borrow money on capital markets to fund past and present services.

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (LDS/23/4) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

‘that the Council welcomes the concern and support shown by all Members, demonstrating the desire across the County Council to ensure a secure future where children with special needs receive the educational support they need and in the right settings. To that end, the Council reaffirms its strong commitment to achieve a financially sustainable future for special educational needs and thereby also provide parents and carers of children with special needs with confidence and reassurance’.

Decision:

That Council welcomes the concern and support shown by all Members, demonstrating the desire across the County Council to ensure a secure future where children with special needs receive the educational support they need and in the right settings. To that end, the Council reaffirms its strong commitment to achieve a financially sustainable future for special educational needs and thereby also provide parents and carers of children with special needs with confidence and reassurance.

Minutes:

Pursuant to County Council Minute 190 of 16 February 2023 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Atkinson that: 

                    

Councils like DCC use the high needs funding block of the DSG to fund statutory Special Education Needs provision as required by law. Since its introduction the government has repeatedly refused to fund this adequately. This has meant that to meet its statutory duty DCC has spent £127m from reserves to fund this. The Government has allowed Councils like DCC to keep ever increasing deficits on spending for children with special educational needs and disabilities off their balance sheets and has approved an extension of this for a further three years.

         

The Government’s local government finance policy statement published in December says that the statutory override for the Dedicated Schools Grant (DSG) will be extended for the next three years, from 2023-24 to 2025-26.

 

This money has already been spent on SEND services by DCC to the tune of £127m by the end of this financial year. Across the UK the total deficit by all councils is expected to be £2.3bn which the Government is refusing to fund. This deficit in Devon will only increase and can only be met out of our reserves or borrowing. Our reserves have already been run down to breaking point and the deficit has arisen as a result of the Government’s withdrawal of £135 m of Revenue Support Grant and inadequate funding in the DSG.

 

The statutory override means that any DSG deficits are not included in DCC Council’s main revenue budgets. It also means that £127m is now unavailable to invest to save in much needed capital projects to benefit Devon residents.

 

The Government has said it may consent to a capitalisation of some or all of this deficit. This means that DCC would have to take out long-term borrowing at current interest rates of up to £127m so that the borrowed money could be available for capital spending on projects in Devon. It is contrary to local government law for us to do this without consent and it is also contrary to good economic planning to borrow money (other than in the short term by way of an overdraft) to be spent to pay off deficits for revenue spending or to fund revenue services.

 

People in Devon would in effect be asked through their council tax to fund the paying off of this revenue debt run up by the Government’s refusal to fund SEND services. This loan would to be repaid over, say, 25 years. This means our residents their children or grandchildren will be paying through council tax to pay off the capital and interest on the loan for services that they obtained no benefit from as they have already been provided before the loan was taken out.

 

This Council

 

1. Calls on the Government to pay DCC £127m, for this SEND deficit in 2023 so that this money can be used to invest in Devon.

 

2. Believes it is wrong for Government to expect local authorities like Devon to borrow money on capital markets to fund past and present services.

 

and having had regard to the advice of the Cabinet set out in Minute 301(c) of 8 March 2023:

 

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council

 

‘welcomes the concern and support shown by all Members, demonstrating the desire across the County Council to ensure a secure future where children with special needs receive the educational support they need and in the right settings. To that end, the Council reaffirms its strong commitment to achieve a financially sustainable future for special educational needs and thereby also provide parents and carers of children with special needs with confidence and reassurance’.

                    

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED and subsequently thereafter also CARRIED as the substantive motion.