Agenda and minutes

Members are reminded that at the start of the meeting they should declare any known interests in any matter to be considered, and also during the meeting if it becomes apparent that they have an interest in the matters being discussed.

The Chair reminded Members of the need to declare any known interests in any matters to be considered at the meeting. No declarations of interest were made.

To receive the minutes of the meeting held on 15^th January 2020.

Resolved: That the minutes of the meeting held on 15th January 2020 be confirmed and signed as a correct record.

For this meeting, any questions must be sent in writing to CommitteeServices@swindon.gov.uk by no later than 16:00 time on 3^rd July 2020 (two days before the meeting so that questioners can be sent instructions on how to join the meeting for that item. The question(s) and response(s) will be posted on the Council’s website as an Annex to the Minutes. 

In accordance with Standing Order 28, Mr Alastair Dixon - Patterson of Lydiard Park Academy, Swindon, submitted written questions regarding costs of first tier tribunals for appeals against placements listed in Education and Health Care Plans. He further enquired on the delivery of laptops by the government under the Covid-19 Scheme. 

The Chair said that a written response had been provided and circulated to all members.  Mr Dixon-Patterson sought clarification on the responses and asked a supplementary question regarding funding for pupils requiring more that their entitlement of 50% special resource provision.  The Chair responded at the meeting but due to the nature of the subject, undertook to provide an in-depth written response.

The Head of Finance, Children Services, submitted a report regarding the final position of the 2019/20 retained Dedicated Schools Grant (DSG) budget following closure of the Local Authority’s 2019/20 final accounts. The report provided information on the 2019/20 DSG allocation and outturn position.  She explained that at end of February 2020, the projection was an overspend of £1.859m and that at the end of the financial year, the outturn position was a £1.988m overspend.   She gave an overview on how the DSG was allocated in 2019/20, referring to the delegated, centrally retained and High Needs Special Educational Needs (SEN) budgets. 

The Head of Finance referred to the financial movement over the year which included a) a decrease of £3.395m in DSG funding receivable; b) the £0.708m pressure to provide free nursery education; c) the £2.004m pressure for high needs top-ups due to an increase in demand and complexity of needs of children and young people;  d) £0.182 pressure for external placements; and e) a High Needs Contingency of £0.150m partially mitigating the pressure in High Needs Top ups, External Placements and Post 16 provision resulting in £0.150m below budget. 

Resolved: That it be noted that:

(a) The final outturn position on the 2019-20 retained budget will be £1.988m over budget.  

b) Afterallowing for the outturn position and the current DSG reserves, the DSG balance will be a deficit of £1.679m.

The Interim SEND Lead, Education, submitted a report on the latest and projected position for the Swindon Dedicated Schools Grant (DSG) High Needs block. It also referred to the SEND and Inclusion Strategy, the Written Statement of Action and how the proposals contained a link to the 3-year action plan agreed by the Strategic SEND Board.

The Interim SEND Lead, Education, explained that a partnership approach between parents and carers, leaders in education across all settings in Swindon, political leaders, officers and members of Schools Forum was essential to address the need to achieve a balanced High Needs budget position by 2023. He explained that this approach was necessary to ensure a sustainable, fair and equitable use of the High Needs budget for special educational needs and disability and alternative provision and referred to the strategic direction and clear process for decision making to deliver on these requirements. 

The Interim SEND Lead, Education updated members on the DSG High Needs budget and the banding tool which would be reported on at the Schools Forum meeting in January 2021.   He elaborated on the merits of transferring £0.454m from high needs funding that had been allocated for children under statutory needs assessment to the Inclusion Forum, enabling the Forum to the deliver new working practices.  He explained that children under assessment would still be able to access funding, but this would be undertaken through different processes, enabling early intervention measures to be implemented. 

The Head of Finance, Education updated members on the 2020/21 DSG High Needs budget and referred to the funding and expected expenditure pressure for 2020/21, which was £1.469m.   She drew attention to the percentage increases in expenditure for the High Needs top-ups, place funding and other High Needs budgets and explained that after the Education and Skills Funding Agency additional place funding allocation, there would still be a High Needs funding pressure gap of £1.470m.

Following the introduction of the report, Interim SEND Lead, Education  together with the Chair responded to members’ comments and questions in respect of the following matters:

• How the changes proposed in the report would impact schools.
• The correlation between the educational landscape in Swindon and the need to become part of the National Behaviour Hub project led by Tom Bennett DfE Behaviour Adviser.
• The ability for Swindon to prepare an expression of interest enabling 20 Swindon schools to become part of the National Behaviour Hub project.
• The need for clarity on how the Inclusion Forum would operate and how the transference of £0.454m would improve the system.
• How the proposed audit trail to be implemented by the Inclusion Forum differed from the current one. 
• The difference in support, processes and time frames between the current funding provision for children and young people pre EHCP assessment and the one to be implemented by the Inclusion Forum.
• The reasons for allocating top-up funding to children and young people undertaking pre EHCP assessments.
• How the Inclusion Forum would be transparent in its work to  ...  view the full minutes text for item 5.

The Interim SEND Lead, Education, submitted a report on the need of a Deficit Recovery Plan within the High Needs Block of the Dedicated Schools Grant and explained that the report supported the SEND and Inclusion Strategy, the Written Statement of Action and the proposals agreed by the Strategic SEND Board.  He confirmed that in previous years, a deficit recovery plan was only required to be drawn up when there was a deficit of 1% of the total of DSG and explained that due to changes in regulations by the Department for Education (DfE), a deficit recovery plan was now required if the DSG was in a deficit and that a 3 year recovery plan was to be implemented.  

The Interim SEND Lead, Education drew attention to an estimated DSG Deficit of £3.148m by the end of 2020/21 and how Swindon Borough Council’s Cabinet requested a three year recovery plan be put in place to ensure a balanced DSG position by the end of the 2022/23 financial year.    He advised that the High Needs Block was currently putting pressure on the DSG budget and would be subject to a detailed review.  He also drew attention to the challenges, including the increase in demand for EHCP assessments, which was higher in Swindon as compared to the South West and statistical neighbours.  The Interim SEND Lead, Education referred to the timeline to review the demand and high level budgets with key stakeholders. 

In response to a question regarding funding out of borough placements, including post 19 placements, the Interim SEND Lead, Education confirmed that this area, along with others, would be included in the review. Members noted that wraparound support would be provided to the benefit of the children and young people and up-skilling of staff would be undertaken as and when needed.

Resolved: (1) That Schools Forum notes:

a)  That the DfE requires a DSG Deficit Recovery Plan.

b)  It will be required to provide a strategic steer on whether place funding, top up funding,services or a combination of these should be identified to prepare proposals for a Deficit Recovery Plan.

2) That Schools Forum agrees the timeline to draw up a Deficit Recovery Plan.

3) That the Interim SEND Lead, Education be requested to submit a report reflecting proposals for the recovery plan at the Schools Forum meeting on 5^th January 2021.