SCN0711

Supplementary written evidence from Terry Reynolds

 

 

  1. I am writing to you following my appearance on behalf of the London Borough of Newham (LBN) before the Education Select Committee as part of its inquiry into special educational needs and disability (SEND).

 

  1. I would like to thank the Committee for the invitation to attend and provide evidence on this important topic for many children, young people and their families in our borough and across the country. The Council welcomes the committee’s inquiry into SEND provision and the implementation of the Children and Families Act 2014, and we look forward to the publication of the Committee report and recommendations.

 

  1. I appreciate that the Committee were disappointed that the Council’s Chief Executive wasn’t available to attend the session as part of the Committee’s inquiry. I would like to reassure the Committee that Newham Council takes its responsibilities around SEND very seriously and that the Council sought to honour the committee’s letter of invitation by making available the “chief executive or a senior representative” to provide evidence at the session. It is as the most senior officer, with specialist knowledge of the subject matter, that I presented the Council’s evidence to aid the Committee in its inquiry.

 

  1. I would like to thank Committee members for their suggestions during the course of the session. I would like to reassure members that we have taken on-board these suggestions and that the Council will be reviewing the information around decision to assess for EHC Plans and support plans on the Council’s website, as well as making contact with families who had been particularly failed by slow progress in the issuing of EHCPs.

 

  1. In addition, please find attached points of clarification following the inquiry session that the Council would like to be submitted alongside its written and oral evidence. Newham Council is keen to aid the Committee in its inquiry wherever possible and would welcome any further questions that the Committee may have or any further assistance the Council may provide as part of the inquiry.

 

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  1. London Borough of Newham (LBN) welcomed the opportunity to appear in front of the Education Select Committee as part of its inquiry into special education needs and disabilities (SEND) on May 8th, 2019. LBN would like to submit the following information as part of the inquiry.

 

Decisions to assess for an EHCP

  1. The committee questioned LBN and East Sussex County Council about the process used to decide whether or not to agree to an assessment for an EHC plan. Terry Reynolds stated during the evidence session that some variability between local authority areas is likely but we endeavour to ensure decision-making in LBN is consistent as well as lawful.

 

  1. LBN would like to thank Committee members for their suggestions during the course of the session. We would like to reassure members that we have taken on board these suggestions and that the Council will be reviewing the information around decision to assess for EHC plans and support plans on the Council’s website, as well as making contact with families who had been particularly failed by slow progress in the issuing of EHCPs.

 

  1. Since the committee hearing, LBN have reviewed the 38 cases where a decision was made not to assess for an EHCP. LBN are satisfied that in each of these cases there was no evidence of gatekeeping. Of the requests received, the majority met the threshold that children or young people have or may have SEN. However, of those not agreed to assess there was no evidence provided at application or that was subsequently attained through further inquiries by LBN SEND officers which demonstrated that the “child may need special educational provision to be made through an EHCP”.

 

  1. In Newham, a much higher proportion of requests for EHCP assessments are made by families or carers independently of educational settings in comparison to most other local authorities. In 2018, 65.7% of assessment requests came from parents or carers independently of educational settings, where in most local authorities a figure of around 10% and under would be expected. Where schools and other settings are leading requests for assessment, we generally find that the request is well-supported by evidence and a high proportion of these requests in 2018 continued to the EHCP assessment process.

 

  1. In the majority of assessment requests received we find that there is not always supporting evidence provided which can show whether the test set out in section 36(8) of the Children and Families Act 2014, and elaborated in paragraph 9.14 of the SEN and Disability Code of Practice, has been met. On request LBN always seeks advice and information from professionals involved with the child to inform the decision as to whether to assess. LBN discusses the request further with families and whilst we may ask for details from professionals or copies of reports from the family we do not ask families to undertake any further assessments as a prerequisite for their request to be considered for EHC plan assessment.

 

  1. LBN officers will always make enquiries with educational settings and other professionals involved to establish whether those children have, or may have, special educational needs and whether they may need provision to be made through an EHC plan. Children that do not then meet the threshold for EHCP assessment, the majority of which will or may

have SEN will often go on to receive SEN support through their school. On deciding not to progress an assessment LBN liaises with the family and school to facilitate this and to ensure actions are being put in place to support these children.

 

  1. Where the evidence indicates the test for carrying out an EHC plan assessment has not been met, we consider that it would not be an effective use of resources to commission expert EHC plan assessments for every single assessment request received. However, it is always open to families to appeal the decision to not agree to assess for an EHC plan. In 2018, 9.6% of assessment requests received were not agreed to proceed to assess for an EHC plan (38 out of 394).

 

 

May 2019.