SCN0695

Supplementary written evidence from the Children’s Services Development Group (CSDG)

Introduction

1. The Children’s Services Development Group (CSDG) wrote to the Education Committee in February 2019 regarding the focus of oral evidence to the Committee’s special educational needs and disabilities (SEND) inquiry.

2. We welcome that the Committee has been focused on the issues facing the sector regarding access to appropriate SEND provision in mainstream schools, off-rolling and funding. However, it is important that the way these issues impact more specialist provision, including from the independent sector, are also considered as part of the inquiry, along with the wider issues the sector has experienced with the implementation of measures set out in Part Three of the Children and Families Act 2014.

3. CSDG appreciates the opportunity to provide supplementary written evidence to provide further details on these issues, and how they can be addressed to improve outcomes and access to appropriate education and care for children and young people with SEND.

Role of the independent sector in children’s services provision

4. The independent sector plays an invaluable role in supporting local authorities to meet demand for both looked-after children and young people with SEND. As the Committee has heard, there are increasing numbers of children and young people requiring education and care as well as growing demand for more specialist services. Independent providers are able to provide support for those with the most complex needs who require highly specialist and bespoke care that local authorities are often unable to provide directly themselves.

5. The independent sector accounts for more than three quarters of children’s home placements, approximately two thirds of all residential special school places (excluding those registered as children’s homes), and 95 per cent of all placements at residential special schools registered as children’s homes (providing 52 weeks of care for children and young people).[1] This clearly demonstrates the significant role the independent sector plays in meeting demand for specialist education and care for children with SEND. It is essential this is given due consideration by the Committee – to date oral evidence has not been taken from independent providers apart from in relation to post-16 education.

6. For CSDG’s members, quality is crucial and we are continually investing in services to ensure they can deliver the best possible education and care for the young people we work with. There is high quality across the independent sector, with 78 per cent of independent children’s homes rated Good or Outstanding by Ofsted, along with 80 per cent of independent residential special schools and 75 per cent of independent residential special schools registered as children’s homes.[2]

7. There has been criticism about the independent sector regarding what are perceived to be high fees in comparison to local authority specialist education provision. However, this does not accurately reflect the complexity of the needs the independent sector provides for. Independent providers negotiate directly with local authorities to agree placement fees that will ensure the best education and care for each child’s needs is being funded. The independent sector cares for children with the most complex needs and the cost to support them can increase very quickly once the costs of providing 1:1 or 2:1 support, 24 hours a day, often 52 weeks of the year, have been taken into account.

8. Furthermore, like-for-like comparisons do not reflect the true reality of sector costings – local authority fees are just one element of the total cost of a placement while independent fees are a total, all-inclusive cost which reflect the highly specialist care the independent sector provides to children and young people.

9. As well as costs to ensure the right number of staff required to meet a young person’s needs are working at any one time, these costs also include the likes of: teacher salaries (including pension costs); residential care costs (including facilities and equipment); therapeutic costs such as speech and language therapy, physiotherapy, psychological (both clinical and educational) support and external child and adolescent mental health services (CAMHS); careers advice and transitions support; training costs; and regulatory and quality assurance costs. Determining the cost of a placement is therefore a complex process, one that is tailored to the needs of the child to ensure they are provided with the high-quality service they require.  

10. In addition, in an environment of local authority funding constraints, many of CSDG’s members are having to cover costs of provision themselves. For example, one of our members is currently owed hundreds of thousands of pounds by one local authority for a placement at a special school. These are unpaid fees for education and care that has already been delivered for a pupil that is still at that school. The provider could have removed the pupil, but because they believe they have a duty to continue their education and care, they have maintained the placement despite the fact it is not being paid for. This is not an unusual situation for providers to be facing.

Issues with Education Health and Care plans and exclusions

11. The introduction of Education, Health and Care (EHC) plans was a vital component of the Children and Families Act 2014, promoting a more holistic approach to meeting children and young people’s needs. This has been welcomed in principle by the sector, however, as the Committee has heard, in practice, there is often insufficient funding, resource and expertise to ensure plans are drafted accurately and completed in an appropriate time frame.

12. CSDG’s members have invested significant time and resource in securing appropriate needs assessments and EHC plans for the children and young people they support. This has been challenging, with members finding significant variations in how young people with EHC plans are educated across different local authorities. In some cases, CSDG has found children with SEND whose needs would be better met at an independent special school remain in placements in Multi Academy Trusts (MATs) or are moved to Pupil Referral units, rather than independent special schools.

13. At the same time, in some areas the increase in exclusions means children with SEND are being directed towards independent specialist provision even though their needs could be met in a mainstream school with the right additional support. This not only denies them the opportunities offered by appropriate mainstream provision but limits specialist providers’ ability to provide care and support for children and young people with more complex needs, many of whom require specialist support that cannot be provided in mainstream schools.

14. All young people with SEND should be provided education in a setting that is most appropriate for their individual needs. For some that might be in mainstream schools, for others that might be in a special school. What is crucial is that no child is forced to leave or is placed in any setting that is not right for them. That will only serve to be detrimental to their longer time outcomes and life chances.

15. In addition, should parents wish to consider other options for their child’s education, they should be able to consult their Local Offer, as set out in the Children and Families Act. However, there is often insufficient detail provided to help them make an informed choice of education and care for their child. 

16. CSDG remains concerned at the significant variation in quality in of Local Offers. For children with particularly acute and complex needs, such as those in CSDG members’ care, it is essential Local Offers accurately represent the available provision in that area so young people and their families can make an informed choice about the best provision for their needs. For example, one member has found a high proportion of the families and young people they support state they do not know what the Local Offer is or how to effectively access and utilise it.

Support post-18 and transitions to adulthood

17. The Children and Families Act 2014 also sought to improve access to SEND support to those over-18, up to the age of 25. Ensuring quality support after a young person moves into post-18 services is essential to ensure the investment in their education and care pre-18 translates into positive longer term life outcomes.

18. However, CSDG’s members have experienced a cliff-edge in funding when a young person turns 18. Despite the implementation of the SEND Code of Practice and increased support for care leavers, continued support post-18 is not necessarily being provided. Furthermore, the complexity regarding whether child or adult social care budgets should be used for such support is limiting CSDG members’ ability to ensure an effective and appropriately supported move into post-18 provision.

19. This increases the likelihood of detrimental outcomes for vulnerable young people. A more consistent approach to transitions should be introduced, where existing requirements are met alongside clearer collaboration between local authorities and providers to achieve this. It is essential these young people receive the care and support they need to live independently and have fulfilling adult lives.

About CSDG

20. CSDG is a coalition of leading independent providers of care and specialist education services for children and young people with complex needs. Members are Compass Community, Core Assets Group, NFA Group, Outcomes First Group, SENAD Group and Witherslack Group.

21. Members provide a range of settings and services, including special educational needs, residential care and fostering across all of England’s 152 local authorities. As a collective voice for the independent sector, CSDG champions child-centred, meaningful, and outcomes-focused support for vulnerable children and young people in order to ensure their stable and successful transition into adulthood.

April 2019