Issue details

Proposed decision

 The Cabinet Member for Education and Skills to approve:

·         Expansion of Specialist Resource provisions in mainstream schools and academies to meet evidenced gaps

·         Adopting a new county-wide model of support to children and young people with Vision Impairment (VI).

·         Confirmation of the current policy position with regard to specialist resource provisions (SRPs) for social, emotional and mental health, and SRPs for Post 16 students.

Reason for the decision

·    To ensure the local authority can meet its statutory requirements for education provision.

·    To ensure the viability of Specialist Resource Provisions (SRPs) and efficient use of resources, so that children receive appropriate specialist support within or close to their communities.

·    The proposal for a new more flexible model for specialist support for children and young people with an EHCP for Visual Impairment is also intended to ensure equity of provision across the County and the most efficient use of resources in improving outcomes for children with an EHC plan for Vision Impairment

Background – Provide brief additional context

A review of KCC’s current specialist resource provisions (SRPs) was undertaken. The review considered: the number and type of places available against forecast demand; travel patterns and geographical gaps; whether there are clear pathways from primary school SRPs to secondary schools with an SRP; the specialist designations of current SRPS against the SEN need profile in their locality and the viability of existing SRPs.

Vision Impairment, as a primary need, is a low incidence need. Less than 1.0% of all Kent EHCPs for school age children and young people have a primary need of VI. Currently KCC has two SRPs with a designation that is solely for VI, one in East and one in South Kent. There are an additional two SRPs that include VI within their designation, both in East Kent. Elsewhere in the County, children who are vision impaired are supported by the Qualified Teachers for Vision Impairment and other VI specialists from the KCC Specialist Teaching Services for Children and Young People with Sensory Impairment and/or Physical Disabilities: Sensory Impairment in Mainstream Schools - KELSI  and Physical Disability and Complex Medical Needs - KELSI. The Vision Impairment specialists in this team also support schools with SRPs for VI where there has been a gap in recruitment of a qualified teacher for VI. It is proposed that this model of support is adopted across the County.

When consulting on establishing SRPs in secondary schools, KCC has always set out its policy position that the SRPs are intended to cover children and young people in Years 7 to 11. Over time there has been a gradual growth in numbers of young people remaining in SRPs in Years 12 and 13. It is intended that this should be the exception, rather than the rule and that KCC reiterates its position that SRPs in secondary schools are principally for young people in Years 7 to 11 and should focus on supporting young people to become more independent as they move on to Post 16 education and training.

This review informs commissioning decisions around SRPs that are reflected in the SEN Sufficiency Plan which covers wider SEN provision planning. The SEN Sufficiency Plan sits under the Commissioning Plan for Education Provision in Kent. It sets out the principles by which we determine mainstream and SEN related education provision proposals, forecasts the need for future provision, and details plans to meet commissioning needs which arise in each district and borough in Kent over the next five years. SRPs are part of the continuum of SEN provision (mainstream, specialist in mainstream and special schools) and the review provides the rationale for commissioning decisions for the specialist in mainstream provision (SRPs).

Options (other options considered but discarded)

The decision was taken to review SRPs under the wider SEND Transformation Programme as Kent’s high DSG deficit and the commitment made to the DfE under Kent’s Safety Valve agreement and the Accelerated Progress Plan, the option of ‘do nothing’ and not carrying out the review was not a viable option.

How the proposed decision supports the Strategic direction of the Council:

The proposals aim to enable children and young people with SEND to access education in a setting that is appropriate for their needs and as locally as possible. They will enable, where appropriate, more mainstream schools to meet the needs of children and young people with SEND, thus increasing the choice and proximity of school places, as well as ensuring that children and young people with VI are supported by appropriately qualified specialist staff wherever they and their families prefer them to be educated. Increasing capacity in our mainstream specialist provision is a key part of the strategy to reduce our reliance on the independent, non-maintained sector, and the use of SRPs in providing a wider more specialist SEN offer in mainstream, supports this aim.

The proposal to address the SRP provision gaps between primary and secondary schools and address geographical and demand gaps will also enable the local authority to ensure that the Best Value duty is being applied and Kent is able to secure value for money in relation to the educational provision that children and young people with an EHC plan access. The proposal for a new more flexible model for specialist support for children and young people with an EHCP for Visual Impairment is also intended to ensure the most efficient use of resources in improving outcomes for children with an EHC plan for Vision Impairment. A Local Authority, under the 2014 Act, must comply with the parent/carer or young person's request unless attendance at the preferred school would not meet their special educational needs, or would be incompatible with the efficient education of others or the efficient use of resources. The efficient use of resources that is referenced under the 2014 Act regarding placement of children and young people with an EHC plan ensures that as a local authority the Best Value duty can be applied while ensuring a suitable education is provided to children and young people with an EHCP.

Financial Implications

Capital:

Capital costs related to proposals to commission new SRPs and/or expand current SRPs to meet provision pathway and geographical gaps and meet growth in demand will be funded through KCC’s High Needs Capital Grant allocations provided by the Department of Education (DfE). This capital grant is provided on an annual basis to support high needs provision for children and young people with special educational needs and disabilities or requiring alternative provision. The grant can be used to either create new school places, improve existing facilities or/and support mainstream inclusion.

The annual grant allocations are combined, along with other specific funding sources, to fund the programme of works to support the development of High Needs Provision across Kent. The programme has been running since 2020-21 with a total combined annual budget of just under £109m of which, £67m has been either spent or committed to current known schemes (as at Quarter 1 2025 capital monitoring reported to Cabinet in September 2025). The balance of £41.5m is intended to support new projects, such as the sufficiency of SRPs and special school places and SEND support in mainstream schools.

The capital costs and phasing associated with the prioritisation and commissioning of new or expansion of current SRPs is being worked on by Assistant Directors of Education and their teams. Feasibilities are being undertaken on any SRP proposals requiring additional accommodation or extensive refurbishment  and currently intended for September 2026 opening (subject to consultation and statutory process where applicable), followed by those intended for 2027 or 2028 opening. Costs will be considered alongside any proposals for capital investment in Special Schools and mainstream inclusion spaces and projects will be prioritised to ensure costs remain within the overall budget allocated. Individual proposals for new or expanded SRPs will be included within the Kent Commissioning Plan process (either at new Plan or review stage) in order to ensure alignment with the Capital Planning and Reporting process.

Revenue:

The Council commissions schools to provide the support and provision provided in an SRP on a day-to-day basis, normally by paying a pre-agreed rate per place. The Council funds the revenue costs of SRP places from the High Needs Block of the Dedicated Schools Grant, a specific ring-fenced revenue grant from the DfE.

The rate paid per place by the Council is currently under review, and is subject to the implementation of a new funding model that is expected from September 2026. In addition, a revised contract/service level agreement is also expected to be introduced with school/Trusts running SRPs at the same time.

The Council is currently overspending on its High Needs Block by approximately £55m-£60m per year of which the use of more specialist provision such as state-funded or independent special schools, rather than supporting children to remain more locally in their mainstream school, has been highlighted as a key contributing factor to this position. Whilst there is no direct cost of SRPs to the General Fund, the Council is part of the Safety Valve Programme, a DfE initiative to support Local Authorities with the highest deficits, of which the Council has agreed to contribute a total of £82m between 2022-23 and 2027-28 to help reduce the accumulated deficit, alongside an extra £140m from DfE. The DfE funding is contingent on the development of plan to achieve value for money within the existing SEN regulatory framework and to aim to reach an in-year breakeven position by the end of 2027-28. Reducing the Council’s reliance on specialist education placements is a key part of the strategy to achieve this, and the use of SRPs in providing a wider more specialist SEN offer in mainstream, supports this aim. Alongside ensuring the current SRP offer continues to offer Value for Money and meets current demands. In addition, enabling children to be supported more locally will also reduce the cost of school transport, which is a direct cost to the General Fund.

Legal Implications  

Under the Children and Families Act 2014 KCC has a duty ‘to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes’. By ensuring we have appropriate provision as locally as possible, we are delivering on our obligation in accordance with this legislation. 

Local Authorities need to deliver their statutory duties and be aware of non-statutory guidance and advice, which relate to children and young people with sensory impairments. These are:

·      The Equalities Act which:  places duties on local authorities to review support services and in doing so requires Local Authorities to have due regard to the way in which any changes will affect children and young people with a disability (in this case those with a sensory impairment). It specifies the requirement to make well informed, reasonable adjustments for children and young people with a sensory impairment.

·      The SEND Code of Practice places requirements on Local Authorities to: provide access to advice from a suitably qualified person as part of the EHCP process and subsequent “assess, plan, do, review” cycles, and make appropriate provision for those with an EHC plan in the 0-25 range.

·      The DfE Specification for mandatory qualifications for specialist teachers of deaf/blind children and young people which requires:  teachers in the Sensory Inclusion Service (or in charge of Units or SRPs) to hold a statutory qualification in Hearing Impairment (HI) or Visual Impairment (VI).

·      Sufficiency Duties: KCC is under a statutory duty to contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education and secondary education are available to meet the needs of the population of their area: section 13 of the Education Act 1996 (“the 1996 Act”).

·      KCC must ensure that its education functions are exercised by the authority with a view to promoting high standards, ensuring fair access to opportunity for education and training, and promoting the fulfilment of learning potential by every person under the age of 20 and those over the age of 20 and for whom an EHC Plan is maintained: section 13A. By section 14, KCC must secure that sufficient schools for providing primary and secondary education are available for their area, defined as being sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.

·      Under section 27 of the Children and Families Act 2014 (“the 2014 Act”), KCC is under a duty to keep under review the educational provision, training provision and social care provision made in its area (and outside it) for children and young people who have special educational needs or a disability. KCC must consider the extent to which its provision is sufficient to meet the educational needs, training needs and social care needs of the children and young people concerned.

All individual proposals to either establish new, expand current or cease current provision will be required to go through the statutory process under the School Organisation (Prescribed Alterations to Maintained Schols) (England) Regulations 2013, Making Significant Changes to Maintained Schools (statutory guidance August 2025) and Making Significant Changes to an Academy (non-statutory guidance on collaborative school place planning, August 2025).