Agenda item

The Panel will consider a report and presentation on Education Health and Care Plans - Compliance, Mediation, Tribunals and Complaints and Compliments.

Contact:         Jo-Anne Sanders, Service Director (Learning and Early Support)

Michelle Lister, Head of Service (Early Support and EHCP Team)

Jenny Sneideris, EHCP Service Manager

The Panel considered a report and presentation on Education Health and Care Plans - Compliance, Mediation, Tribunals and Complaints and Compliments, which was presented by Jo-Anne Sanders, Service Director for Learning and Early Support.

The Panel were informed that the report referenced statistical information from the 2024 SEND2 return (a person centred census around special educational needs and disabilities) which was completed by all local authorities to allow for performance benchmarking. Data was being collected now for 2025. Jo-Anne Sanders acknowledged that the system was complicated, causing challenges for many families and that reform was welcomed.

Jo-Anne Sanders highlighted the following key points:

·         Last year the number of EHCP needs assessments completed outside the 20 weeks statutory timescale was significant.

·         There had been sustained month-on-month improvement to a current cumulative figure of 58% compliance, which was above previous years’ national averages.

·         At the end of 2022 the number of EHCPs maintained by the local authority was 4,125, at the end of 2023 there were 4,475 and latest figures indicated there would be in excess of 5,030 by the end of 2025.

·         The EHCP team had worked hard to ensure that they were operating in line with the SEND Code of Practice and the Children and Families Act, to ensure that children’s statutory rights were being met.

·         Shared understanding of the sections in EHCPs had been promoted.

·         The quality of plans was important, as well as compliance with timescales, and investment in an audit tool had been made to evaluate each section.

·         Colleagues in the NHS and the DfE advisor were supporting work with practitioners where necessary to improve EHCP quality.

·         At the end of October there were 35 live complaints, less than 1% of the 5,000+ EHCPs held by the Authority.

·         Each complaint was important and the service strove to look into each case and provide timely responses.

·         Learning from complaints was actively incorporated into improvements in practice, and compliments were received from the many families whose needs were being met across the education, health and care system.

·         Wherever possible the Authority tried to find resolution of complaints, however where this was not possible mediation took place.

The Panel was advised on the latest information around mediation and tribunals. Jo-Anne Sanders informed the Panel that local authority input into the mediation process had required some improvement, therefore feedback had been taken and analysis carried out to determine how the mediation process could be better supported. The Panel was advised that wherever possible, issues were resolved outside of a legal process but parents had the right to exercise a mediation and a tribunal route. The report presented set out expectations around mediation and some of the reasons why mediation was requested. Some mediations involved challenges to decisions not to assess for an EHCP, which were sometimes resolved at mediation due to additional information becoming available. Other reasons for mediation included challenges over the decision not to issue a plan, to cease a plan, or around the content of a plan.

The Panel was informed there was a wait of 12 to 15 months for a tribunal to be heard, and this was of great concern. Once the tribunal process had started work could continue with the family to seek a resolution, however once the formal process had begun there were procedures to follow. Nationally there was a rise in tribunals and mediations and this was also the case in Kirklees, with 2% of EHCPs being subject to mediation or tribunal.

In answer to questions from the Panel, Jo-Anne Sanders advised that:

·         A request for an EHCP did not automatically translate into a plan, parents could challenge this and exercise their right to mediation. Information from EHC Needs Assessments was reviewed and if there was not enough information the Panel could take the decision not to undertake an assessment. Where the decision was taken to assess, professionals including Educational Pyschologists, Therapy Services and Social Care were asked for advice depending on specific needs. A Panel met weekly to decide whether to issue a plan. If need could be met by a graduated approach, the plan may not be issued but each request was looked at in detail and decisions were based on evidence. If additional information was brought forward, there was scope for the decision to assess or issue to be changed.

·         The data on the percentage of children in Kirklees who had an EHCP was not available to provide a benchmark with other authorities, but this would be explored.

·         The upward trajectory of plans being issued within statutory timescales was being continued, and the cumulative performance was already better than last year’s national average of 45.9%, at just under 58%. The ambition was to reach 100% of plans being issued within the 20 weeks, but it was a complex system and dealing with spikes in numbers of requests was challenging.

·         Where tribunal appeals could be reduced, by timely response to complaints, attendance at mediation and increasing sufficiency of specialist places was underway. Where possible, resolution was always sought, however, it was recognised that where agreement was not reached, it was a parent’s right to go to tribunal.

·         There had been challenges in accessing Educational Psychologist (EP) support, so capacity had been bolstered by using locum EPs to ensure quality and compliance. Health Partners were also involved in the improvement journey as a vital part of the EHCP process.

·         Mediation was offered to every family prior to tribunal, through Global Mediation. Capacity issues had resulted in mediation not always being attended in previous years, however this had improved and positive results were being reported back through PCAN and from the Panel.

·         Whilst the tribunal process was ongoing, there were opportunities for resolution outside that process which could minimise the scope of the tribunal.

·         The proportion of cases overturned by tribunal were not currently published but would be in future for transparency. Sometimes tribunals were partially overturned, so it was not always straightforward.

·         The cost of tribunals was difficult to quantify as each case was different in terms of staffing required. The small, experienced team that focused on complaints, mediations and tribunals had made improvements to the process and was able to call on other legal and senior colleagues where necessary.

During questions, the Panel expressed confidence in the teams involved in this work, and acknowledged the efforts of the service to improve, specifically noting improvements in compliance figures, commitment to mediation, improved communication and responsiveness, and the development of a focused and effective team.

RESOLVED –

1.    That the report be noted and officers thanked for their contributions.

2.    That officers explore whether data showing the percentage of children in Kirklees who had an EHCP could be provided to give a benchmark with other Local Authorities.

3.    That Officers inform teams of the feedback from the Panel who had expressed confidence in the teams involved in this work and acknowledged the efforts of the service to improve.