To receive any public questions.
In accordance with Council Procedure Rule 11, the period for the asking and answering of public questions shall not exceed 15 minutes.
Any questions must be submitted in writing at least three clear working days in advance of the meeting.
Minutes:
In accordance with Council Procedure rule 11, Corinne Hunter read out questions on behalf of Emma Day which they had submitted in writing.
“I wish to raise concerns about the local authority’s compliance with statutory mediation requirements for EHCP decisions supported by evidence from a recent Freedom of Information response and the LA's own policy documents. Under the Children of Families Act 2014 and SEND regulations 2014, parents must be able to access mediation advice and obtain a mediation certificate before proceeding to the first-tier tribunal. While parents can choose not to mediate, the LA has a statutory duty to provide effective mediation services when requested, with meetings required to be held within 30 days of the mediation service notifying the LA. The SEN Code of Practice emphasises that mediation should be a genuine attempt to resolve disagreements, not a procedural box ticking exercise. With SEND tribunal waiting times at record highs nationally, effective mediation is crucial for timely dispute resolution when mediation fails. Families are forced into lengthy tribunal processes causing educational delays for vulnerable children and significantly higher costs for the LA.”
Question 1:
Freedom of Information data from covering the period 1 July 2024 - 31 December 2024 shows that of 67 requests for mediation across all Education and Health Care Plan (EHCP) disagreements (including Refusal to Assess, Refusal to Issue, and Contents), zero mediation meetings were arranged within the required 30-day timeframe - representing a 100% failure rate. What immediate action will be taken to address this complete breakdown of statutory mediation services?
Question 2:
The Terms of Reference for the EHCP Decision Making Panel (September 2024) shows only the Chair (EHCP Senior Manager) has decision-making authority. The FOI response states that "all overturned decisions via mediation are taken back to panel for processing." Given that effective mediation should enable immediate implementation of agreements, why do all mediation outcomes require subsequent panel approval rather than being resolved at the mediation meeting itself?
Supplementary Question
During this same period, approximately 48% of refusal decisions were overturned via mediation. What measures will address this disconnect between initial refusal decisions and subsequent approvals, suggesting fundamental flaws in the Decision Making Panel's application of legal criteria?
In accordance with Council Procedure Rule 11, Lisa Green attended the meeting and asked the following questions which they had submitted in writing:
As part of the Panel’s upcoming work plan, scrutiny is to be given to the EHCP process and the Local authority’s use of Tribunals to settle cases.
Question 1:
What will the Panel’s specific focus of scrutiny be re EHCPs / Tribunals?
Question 2:
What is the extent of the panel’s powers to ensure lawful accountability in this area?
A response was provided on behalf of the Panel.
RESOLVED:
(1) That the Members of the Public be thanked for their questions.
(2) That the Panel would consider EHCP timescales and compliance, and the tribunals process as part of the work programme at the meeting on 11th December.
(3) That the Panel would be briefed by officers to discuss the wider areas of concern raised in the public questions, with a view to potentially widening the Panel’s area of focus in relation to EHCPs.