Minutes:
The Portfolio Holder for Children, Education and Families provided an update to the Committee on her activities.
As Lead Member for Children, Education and Families, the Portfolio Holder continued to represent the Local Authority in a range of settings both locally and regionally and had recently visited Bromley’s Early Years team to learn more about the support strategy overseeing the quality of 500+ Early Years Providers in Bromley. Ofsted had inspected Children’s Services in November 2023 and the Portfolio Holder was pleased to advise that initial feedback had been positive with the official report due to be published on 12 January 2024. The inaugural Bromley SEND Stars Event had taken place in early November and had been a great success with over 90 nominations received for eight awards. Upcoming events included the official re-launch of the Streetwise Youth Centre on 24 November 2023 and Disability Pride in Bromley Town Centre on 25 November 2023 and Members were encouraged to attend both celebrations.
The Portfolio Holder introduced the Director of Children, Education and Families who made a statement regarding two rulings by the Local Government and Social Care Ombudsman in relation to the way that the Local Authority had applied the law in relation to children that were out of school for more than 15 days:
I am now setting out the challenges we have recently had from the Ombudsman.
On two recent occasions the Ombudsman has taken the view that we have not correctly adhered to our Section 19 duties in relation to providing suitable alternative education when children are out of school for more than 15 days. Having reviewed the challenge from the Ombudsman, it does appear that our own guidance is at fault and has been wrong for a number of years.
In essence we have been insisting on parents providing medical evidence before we provide alternative education outside of school. Guidance on how to apply the legislation makes it clear that it is reasonable to ask for medical evidence, but crucially it cannot be insisted upon. The legislation goes further to state that the council has a duty to provide education where for medical reasons or otherwise, a child has missed 15 days of school. The broad nature of the term ‘otherwise’ means that the council's duty extends to support children unable to attend school regardless of whether medical evidence is available to that effect. As a result of this incorrect interpretation, the Ombudsman is insisting that we share this concern with members and provide confirmation that we have done so. On this basis can I suggest that we undertake the following actions;
· We highlight the concerns in the Portfolio Plan to show that this is something we have highlighted to this Committee, and that the Portfolio Holder, myself and the Director of Education will now track to ensure that the required changes are taken forward and embedded in practice, procedures and decision making;
· We have amended our interpretation of the legislation so that it conforms with that set out by the Ombudsman; and,
· We have already undertaken additional legal training undertaken by a barrister with staff so that all those involved in these decisions have a correct understanding of the legislation and that this is reflected in future practice.
In response to questions from Members, the Director: Children, Education and Families clarified that going forward, the Local Authority’s first priority would be to identify alternative education provision for affected children although medical evidence would continue to be sought, particularly in relation to identifying individual support and learning needs. The cost implication of the two rulings would include a remediation payment for each term the child was out of education. This payment level was set by the Ombudsman and further details on the total cost of the two rulings would be provided to Committee Members following the meeting. The Director of Education added that a number of local authorities had raised concerns regarding the Ombudsman’s application of Section 19 duties, particularly as the number of children experiencing social and mental health needs affecting their engagement in education was increasing and in light of the difficulties with providing appropriate alternative provision without an assessment of the child or young person’s medical needs. A Member queried whether the 15-day period was reset if a child or young person was able to attend school for a few hours and the Director of Education explained that the expectation of the Ombudsman was that every child and young person had an entitlement to a full-time education but that engaging with a small amount of provision would likely be viewed as a positive step towards re-integrating that child into full-time education.
In summation, the Chairman acknowledged that the Local Authority had changed its ways of working to reflect the rulings of the Ombudsman. The Chairman also led the Committee in thanking Officers for their hard work in preparing for and supporting the Ofsted Inspection of Children’s Services.
RESOLVED: That the update be noted.