Issue details

Proposed decision

That the Cabinet Member for Education and Skills:

a. Approve the Educational Health Needs Policy.

b. Confirm Rosewood as the ongoing provider for services under the Policy.

c. Delegate authority to the Corporate Director of Children’s, Young People and Education, in consultation with the Cabinet Member for Education and Skills, to refresh and/or make revisions to the policy where changes do not require additional governance.

d. Delegate authority to the Corporate Director of Children’s, Young People and Education to take relevant actions, including but not limited to, entering into and finalising the terms of relevant contracts or other legal agreements, as necessary, to implement the above decision.

Reason for the decision

Following an Ombudsman’s case in 2022, it was recommended that the local authority (LA) review the Health Needs policy.

The aim of the draft policy ‘Supporting Children Who Are Unable to Attend School Because of Medical/Health Needs’ is to provide clarity on the arrangements which will apply when a school pupil in Kent is not able to attend school for health/medical reasons. In particular, the policy provides information for the local authority, schools, parents and pupils to work in collaboration. This will ensure that all pupils have access to suitable education and receive appropriate support in light of their health/medical needs.

In addition, from 18 August 2024, the Department of Education (DfE) ‘Working together to improve school attendance’ statutory guidance comes into effect. Within the guidance, there is a requirement for schools to inform the local authority when a pupil is absent from school due to illness for 15 days or more (consecutively or cumulatively throughout an academic year) or is due to be absent for 15 days due to illness. This, and other new elements of the guidance, link closely with the responsibilities of local authorities and schools concerning education arrangements for children who are unable to attend school due to illness. These responsibilities are addressed in the DfE’s 2023 statutory guidance, ‘Arranging education for children who cannot attend school because of health needs’ Arranging education for children who cannot attend school because of health needs (publishing.service.gov.uk) and other relevant guidance.

Background

In the last academic year (2022-23), 21,000 pupils in Kent were absent from school due to illness for at least 15 days. The vast majority of these pupils will continue to receive a suitable education without intervention by Kent County Council (KCC). However, in a minority of cases, it will be necessary for KCC to provide alternative education in accordance with its statutory responsibilities. This is further evidenced by a high number of parental requests/complaints linked to the local authorities Section 19 responsibilities.

The draft policy explains, in summary:

• Procedures and stakeholder responsibilities regarding education provision for pupils with health/medical needs in Kent. This includes the responsibilities of KCC, schools, health services, parents, and children and young people themselves, as well as how stakeholders are expected to work together.
• The specific processes and procedures for making a health/medical needs referral to The Rosewood School, how referrals will be handled and assessed, and how The Rosewood School will provide alternative education when it accepts a referral.
• Responsibilities and procedures for supporting children to remain within school, and for reintegration back into mainstream education.

Options (other options considered but discarded)

These are the options explored by the service for alternatives:

·  No action regarding policy decision - Ombudsman will likely open a new complaint and issue a public interest report for non-compliance. In addition, this will be a reputational risk for KCC as we will not be meeting our statutory duties as highlighted in the new attendance guidance.

·  No action regarding commissioning – at risk of KCC not delivering statutory duties with regards to Section 19 of Education Act 1996 and commissioned service (The Rosewood School) not giving best value. 

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026

• The policy aligns with the strategic statement by working with strategic partnerships to understand and support the diverse needs of our communities, promoting equality, diversity and inclusion.
• The policy will support:
  • Levelling up Kent
    • To maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.
    • To see significant improvements in the economy, connectivity, educational attainment, skills and employment rates and public health outcomes in deprived communities in coastal areas so that they improve faster than the rest of Kent to reduce the gaps.
    • To work with our partners to hardwire a preventative approach into improving the health of Kent’s population and narrowing health inequalities.

How the proposed decision supports Securing Kent’s Future

https://kentcountycouncil.sharepoint.com/sites/KCCKNet/SitePages/decision-making.aspx

The draft policy will continue to expect mainstream schools to make reasonable adjustments to ensure the continual delivery of education where eligible children are absence for a prolonged period (beyond 15 days), along with promoting the reintegration of children back into their home school as soon as reasonably possible. These principles are aligned with the delivery of objective 2 of securing Kent’s future through the delivery of future cost avoidance to the local authority.  

Where it is deemed the home school can no longer provide suitable education for eligible children, a separate commissioning review is currently being undertaken to ensure the local authority offer is in line with best valve considerations.

Financial Implications

·       The draft policy is expected to support the current practice where schools provide suitable out of school education arrangements for eligible children, where possible, and will continue to fund these activities from their individual school’s budget.  The DfE guidance allows the LA to deduct a portion of the school budget where this is not the case.

·       For the minority of cases where school arrangements are not sufficient, the local authority offer is currently provided by the KCC maintained pupil referral unit: The Rosewood school, with an annual revenue budget (£3.3m for 24-25) funded from the ring-fenced High Needs Block of the Dedicated Schools Grant (DSG) provided by the DfE. Any capital costs associated with the school are met from the Council’s Capital budgets for Schools annual planned maintenance or, the High Needs Capital Budget (dependent on the requirement).

·       The DfE requirements in respect of the education of children not in school reiterates the Council’s role in ensuring eligible children with health needs receive suitable alternative provision. The resource required to fulfil this role is currently being scoped. If additional resources are required, the statutory functions relating to attendance are funded from a combination of grant funding (Central Services Schools Block of the DSG) and income from the issuing of Statutory Penaly Notices. Extra income from changes to the national framework for penalty notices will be expected to fund any additional resources required to fulfil our duties.

·       Financial implications of this policy will be reviewed further in light of both the commissioning review, additional resources required and the outcome of the public consultation.

·       There is a financial risk to the LA that the promotion of this policy may result in additional demand for a local authority offer. Any associated costs would need to be met from the High Needs Block of the DSG.

Legal Implications  

Section 19 of the Education Act 1996 requires local authorities to make arrangements to provide "suitable education at school, or otherwise than at school, for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them". 

The Department for Education ‘Alternative Provision’, statutory guidance 2013 states: “Local authorities are responsible for arranging suitable education for permanently excluded pupils, and for other pupils who – because of illness or other reasons – would not receive suitable education without such arrangements being made.”

The Department for Education’s guidance ‘Arranging education for children who cannot attend school because of health needs’, 2023 requires local authorities to provide education for children who cannot attend education because of their physical or mental health needs.   This guidance states that from August 18^th, 2024, it becomes a statutory responsibility of the Local Authority and Schools to provide alternative education arrangements.

Section 7 of the 1996 Education Act states that parents/carers must ensure that children of compulsory school age receive efficient full-time education suitable to a) their age, ability and aptitude, and b) to any special educational needs they may have, either by regular attendance at school or otherwise.

The Equality Act states: “Some complex and/or long-term health issues may be considered disabilities under equality legislation. This legislation provides those local authorities must not discriminate against disabled children and are under a duty to eliminate discrimination, foster equality of opportunity for disabled children and foster good relations between disabled and non-disabled children.”

Section 19 is intended to cover circumstances in which it is not reasonably possible for a child to take advantage of existing suitable schooling. This policy provides details about the provision of education for children in Kent who cannot attend school because of medical/health needs.