Issue - meetings

Report CEF21055

The report provided the budget monitoring position for 2021/22 based on activity up to the end of September 2021.

Members considered issues around the overspend in SEN Transport, noting that following a consultant review, proposals would be developed which would form part of the medium-term financial strategy and were likely to take effect, in varying degrees, from 2023.  Some savings and mitigations had already been identified and further actions would be presented to Members as part of the budget setting process.  The Director of Education confirmed that the review of SEN Transport formed part of the Council’s four year Transformation Programme.  Initial benchmarking had established that Bromley was not an outlier in terms of SEN transportation costs, indeed Bromley’s costs were lower than some neighbouring boroughs.

In relation to the overspend in SEN Transportation, Members noted that the projection was that the overspend would reach £1.8m by the year end and the Department would be seeking to mitigate as far as possible.  Members noted that there were a number of underlying issues and not all of these could be resolved through the consultants report.  The Committee requested a further update at the next meeting in January 2022.

Turning to the issue of the cost of placements arising from the decisions of tribunals, a Member expressed concern around the wording used in the report, suggesting that it would be more appropriate to highlight the costs to the Council of placements whilst acknowledging that the placements were appropriate and met the needs of children.  It was noted that tribunal processes should be avoided where possible as they carried with them a number of negative effects, not only on parents, but also on the headteacher who were required to compile lengthy reports.  It was suggested that a review of the Tribunal Process should be added to the Committee’s work programme. 

In response, the Director of Education reassured the Committee that from the start of the process children and families were put first and staff were alert to the human aspect of the process.  The Department was seeing significant pressures, not just in terms of the number of cases but also in increased complexity of need.  The increased complexity of need meant that there were challenges with the sufficiency of places which resulted in a requirement to place children out-of-borough placements.  Whilst it was recognised that the independent provision resulted in appropriate placements, they were at the more expensive end of the scale.  Officers did focus on the beginning of the process and engage in mediation prior to tribunal, however increasingly litigious claims were being submitted driven by private law forms.

RESOLVED: That the Portfolio Holder be recommended to:

1.  Note that the latest projected overspend of £1,806,000 is forecast on the controllable budget, based on information as at September 2021;

2.  Agree the use of the £500k Education Risk Reserve and forward to the Executive for their approval as set out in paragraph 3.7 of the report.