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ITEM CH5

CHILDREN’S SERVICES SCRUTINY COMMITTEE – 3 NOVEMBER

ACHIEVING EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES

1. Introduction

This item of Scrutiny work was chosen by the Committee because of a) concerns expressed about the Learning Disabilities Services budget; b) concerns about how the reorganisation of Directorates will impact on children with learning disabilities; and c) proposals to delegate the Special Educational Needs (SEN) budget to schools.

This paper presents an overview of some of the recent documents which relate to children with a learning disability, and the Special Educational Needs budget. It is designed to help Councillors to build up lines of enquiry in this area to address to officers and the Cabinet Member for Children and Young People. The key issue is how the County Council helps children with a learning disability to access and enjoy an appropriate education.

There have been a number of reports which relate to this area, in part due to the reorganisation of Directorates which was motivated by a government aim to see services for children brought together to work more effectively. At the moment, services for children are spread between Learning & Culture, and Social & Health Care. Children with learning disabilities are not in fact covered by the Learning Disabilities Services, which is available for people aged 18 and over. Instead, children with learning disabilities are supported by the Children’s Disability Service within the Children and Families Division of Social & Health Care, and through the Special Educational Needs service in Learning & Culture.

2. Key Figures

• 2.5% (2,474) of children and young people in Oxfordshire have a statement of special educational needs and 1% are in special schools. This is lower than national, but in line with similar authorities.
• 1,764 children under 18 are recorded on the joint Health and Social Care database. There is national and local evidence that a small, but increasing, number of children with severe learning difficulties and complex medical needs are surviving longer and that the incidence of diagnoses of autism is rising.
• Disabled children with complex mental health needs, including challenging behaviour, and those with complex health needs/chronic illness do not have adequate access to day/overnight care or to intensive inpatient/out patient support.
• Access to respite, together with day care and play and leisure activities, is a high priority in Oxfordshire in order to ensure that parents, carers and families are able to provide safe homes and stability.
• Educational achievement of children with special educational needs is below the national average at Key Stage 4. All children in special schools currently transfer to colleges of FE if they are to continue in education. There is currently variability in the choice/ appropriateness of post 16 provision available for disabled children and young people, with some forms of disability being better catered for than others. There is a need to enhance provision and the effectiveness of transition arrangements to address this.

[From the Children and Young People’s Plan (CYPP), October 2005]

3. Definitions of ‘Learning Disability’

‘Learning Disability’ and ‘Special Educational Needs’ are often loosely used, leading to confusion between the two. It is important to distinguish that children who access the Disability Services have substantial needs, and are unlikely to fall into the spectrum of ‘difficulties’ that more often relate to SEN. The current Children’s Disability Service makes the following statement about it’s role and the clients it supports:

‘The overriding aim of the disability service is to provide for children and young people with permanent and substantial disabilities who require attention and supervision substantially in excess of that normally required by a child / young person of the same age. Generally children are eligible for help from the disability service if they have a moderate to severe learning disability and/or a significant physical disability. ‘Moderate to severe learning disability’ is a difficult area to define, but would include children who:

• Have formally diagnosed IQ level of 50 or below.
• Attend specialised resource education provision (not EBD).
• Formally diagnosed global developmental delay
• Significant verbal communication difficulties.
• Significant limited self-care skills.

[From the Children’s Disability Team and Panel Processes: Service Allocation Guidelines]

4. ‘Special Educational Needs’ (SEN)

All children with a learning disability will have a statement of special educational needs, but they make up only a small proportion of all children with a SEN statement, which covers a wide range of difficulties. Children with a moderate to severe learning disability would attend a specialist school, rather than mainstream education. The relationship between Social & Health Care services and Learning & Culture and the schools is therefore vitally important.

The three year Strategy for Special Educational Needs 2004-2007 sets out the following aims:

4.1 Achievement of Pupils in Special school (from the Strategy)

As part of the statutory target setting process Special Schools set targets for English, Maths, Science and ICT, as well as GCSEs, as appropriate. Oxfordshire Special Schools and special provisions began setting targets in 2002 and also included ‘p-levels’ for Personal and Social Development. A moderation exercise of National Curriculum assessments in Special Schools was established in June 2003. In general terms, when attainment levels are averaged across all Special Schools, pupils make one ‘p-level’ of progress per year.

4.2 Achievement in the Widest Sense (from the Strategy)

Schools actively celebrate pupil achievement in the widest sense. The emerging national developments, which aim to recognise the full range of achievements, will enable refined measures to illustrate pupil outcomes.

4.3 Post 16 Provision

This is an area of considerable concern for officers and parents. Oxfordshire special schools are designated to provide education up to 16.

Post 16 provision in-county is made in mainstream schools or colleges.

There has been an increase in the number of pupils post 16 in out-county placements because their needs could not be met within post-16 provision in Oxfordshire. According to the Strategy for Special Educational Needs there is a need to:

• strengthen provision for pupils with SEN in local colleges;
• improve transition arrangements so that post 16 placements for all pupils are known by February in the year of transfer.
• contribute to the Strategic Area Review of 14-19 provision across the Milton Keynes, Oxfordshire and Buckinghamshire area which will have a particular focus on SEN provision.

Suggestions have also been made that this whole area of provision will be re-examined after the realignment of directorates has happened. This of course also involves discussion with the Learning & Skills Council who support post 16 education services.

4.4 Performance Monitoring

According to the Strategy for Special Educational Needs and other information, a range of methods are in place to monitor the achievement of pupils with SEN.

1. Educational Development Plan (EDP) monitoring of the lowest 20%, national curriculum including ‘p scale’ assessment analysis from special schools and units, OFSTED Form 4 achievement monitoring of pupils with Emotional Behavioural Difficulties (EBD), autism, hearing impairments and visually impairments.
2. Annual review of statement for each child – this looks at the progress of the child in relation to the objectives on the statement.
3. School Development Programme – this supports mainstream schools with self-assessment and includes giving schools feedback on how they are managing pupils with SEN, and how the SEN budget is being spent.

However, there is currently no national performance indicator which has to be reported that recognises the educational achievement of children with a learning disability. The Children and Young People’s Plan (CYPP) contains

Targets for improving outcomes for children and young people which could be applicable for children with a learning disability (see below).

5. Best Value Review of Children’s Services 2005

The Best Value Review of Children’s Services examined provision for children with disabilities, including learning disabilities. It acknowledged that there were several concerns for parents and carers including concerns about service thresholds, the complexity of the assessment procedures and about the range of educational provision post 16.

Recommendations included:

• initially concentrate on improving inter-agency systems, organizational cultures and behaviours. For example, partnership working, common assessment and shared information systems, joint professional development and developing the lead professional role, with evaluation of the impact on outcomes for children and young people;
• move towards a countywide, centrally managed SEN/disability service. It is intended that this county-wide service will incorporate education, social services and some health services, including, for example, residential respite, respite nursing, palliative care, community clinical nurse specialists, community children’s nursing services and aspects of the work of community paediatricians;
• work with the LSC, colleges and special schools to review post 16 SEN provision.
• increase the availability of after-school care, either in local special schools or in an inclusive setting. This will be achieved by expanding sustainable day care/play & leisure opportunities for disabled children and young people, including through the development of extended special schools; and the work of the Inclusive Play Partnership;

In terms of Resource Implications the Review concluded:

Overall education funding for children with special educational needs is in line with similar authorities. Education funding for health related services for disabled children, including therapies, is significantly higher in Oxfordshire (£4 per pupil) than the average for similar authorities (£0 per pupil). The proposals involve the redirection of resources currently meeting the needs of children out-county to increase the range of support for children and families in-county. It will be necessary for some pump priming investment to improve in-county services for disabled children. In the long term, the funding for these services could come from resources currently spent on out-county placements. It will be necessary to target resources already in the statutory services more effectively to meet the needs of disabled children, including:

• prioritisation of disabled children for access to CAMHS (Child and Adolescent Mental Health Services) services and health visiting services;

• prioritising special schools for the development of extended schools funding.

6. Impact of realignment of Directorates

At present the Social & Health Care Children’s Disability Service does not directly support children in accessing education, although they do share funding with Learning & Culture for two behaviour support workers who work with learning disabled children who are on the verge of being excluded, or have been excluded from special schools. An ‘efficiency saving’ relating to the Learning Disability Trust will impact on Hernes House in north Oxford, which provides respite care for children with learning disabilities. The Children’s Disability Service is currently in negotiation with the Trust about the effect of this on their clients.

In the new Children, Young People & Families Directorate, children with learning disabilities and SEN would be covered by one service area: Children and Young People, headed by Gillian Tee. The aim is to make sure that children get the most effective and ‘joined-up’ support. This will also still rely on relationships with schools and other agencies, such as the Learning Disability Trust. One of the outcomes for children should be that they are provided with services with less duplication of assessment or other processes. The aim would be also to provide children with one named professional who leads in supporting them.

It remains to be seen what challenges the realignment will bring out relating to this area. The aim is to have a more co-ordinated and therefore cost-effective service, but there may be hidden costs in bringing together staff from different Directorates, who are currently on different contracts and terms and conditions.

NEW STRUCTURE

Children and Young People – SEN; Disability; ‘Making a positive contribution’ –CAHMS/Behaviour support / Attendance / Admissions / Transport / Pupils out of School /Teenage Pregnancy / Drugs and Alcohol; Youth Service; Connexions lead role / Integrated Support Services / Establishment of Locality Teams.

This is in line with the recommendations of the Best Value Review. This would replace the multiple service units which currently support children with earning disabilities and SEN.

OLD STRUCTURE

In Learning & Culture:

School Development Service – monitoring, support, challenge and intervention in schools, Early Years and SEN quality assurance and advice, Governor Services, Outdoor Education Centres, Education Business Partnership, International Centre.

Children’s’ Services – Special Educational Needs management and administration, special schools, school admissions, school transport, social inclusion and access, (including behaviour, attendance

and looked after children).

In Social & Health Care:

Social Care for Children – Children’s Disability Service; Children’s Assessment Service; Services for Looked After Children; Family Support Service (including Child Protection and Quality Assurance)Leaving Care Teams; Children’s Homes; Fostering and Adoption services; Chair of and Support to Area Child Protection Committee (Safeguarding Children’s Board).

Children’s Programme Board – Joint planning and delivery of services across OCC and Health.

7. Children and Young People’s Plan (CYPP)

The CYPP is the vehicle for the implementation for several of the recommendations of the Best Value Review of Children’s Services. It has a section specifically on children with Special Educational Needs and Disabilities. The plan has targets which will be monitored to make sure that its aims are being met.

7.1. Priorities for Achieving Outcomes (from CYPP)

• Improve in-county support for children with SEN/disabilities and their families so that the needs of more children can be met successfully in-county.
• Strengthen support for children with complex health needs/chronic illness/mental health difficulties.
• Target support to improve the educational achievement of children with special educational needs, to include co-ordination of resources use through the Common Assessment Framework and multi-agency team working, ensuring access to appropriate early intervention and support and extending the SEN Development Programme.
• Enhance post-16 provision available for children and young people with SEN/ disabilities.
  

7.3 Targets for improving outcomes for children and young people (from CYPP) (Data being collated)

8. Delegation of SEN budget to Schools

A formal consultation is underway on proposals to delegate the statementing budget to schools. This reflects national policy initiatives which have encouraged local authorities to move away from over-reliance on the statutory assessment process and statementing as a means of delivering resources to pupils with SEN. The administration of the statementing system, and the SEN budget are seen as costly in their current formation. Evidence suggests that delegation has tended to reduce demand for statements. The benefits of delegation are presented as:

• Early intervention
• Decision making by schools
• Long term planning
• Flexibility
• Staffing stability e.g. TAs
• Reduce needless bureaucracy
• SEN Co-ordinating officers, Educational Psychologists and SEN Support staff could spend more time supporting children

However, there has been concern expressed that the delegation of the budget will mean that money for children with SEN will not be as strictly ‘ring-fenced’, and will lead to reduced services. This means that pressure for Statements might be maintained. There is also concern that schools will face additional direct pressures on them to provide for children with SEN.

9. Key Lines of Enquiry: Achieving Education for Children with a Learning Disability

Organisation

How do children with a learning disability currently access education services?

What are the implications for children with a learning disability of the consolidation of children’s services?

How will the relationship with schools be managed in the new structure?

What risks have you identified in this area?

Budget

What are the implications for children with a learning disability of the proposals to delegate the SEN budget to schools?

What are the implications for the budget relating to children with a learning disability of the consolidation of children’s services?

What are the key budget pressures in this area?

Outcomes

What measures are in place (local or national) that reflect the achievement of children with a learning disability within a learning setting?

In what ways are children with a learning disability supported in education after the age of 16?

What are the successes or difficulties in this area?

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