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ITEM EX7

EXECUTIVE – 13 MAY 2003

SPECIAL SCHOOL PLACEMENTS: RESOURCE AND ASSESSMENT PANELS

Report by Director for Learning & Culture

1. This report was requested by the Executive as one of the actions resulting from consideration of the Scrutiny Review report on Special Educational Needs (SEN). Elsewhere on the agenda the independent member panel on the Inclusion of Children with Special Educational Needs makes further recommendations to review the operation of the Assessment and Resources Panels in consultation with schools and parents and this report simply sets out the current arrangements.

Introduction

2. The great majority of children with SEN are in mainstream schools and have their needs met using resources provided through the schools delegated budget. Schools are differentially funded to take account of the variation between them in the level of needs of their pupils.
3. However, for a small number of children (around 2.5% in Oxfordshire) their needs are considered to require resources that are beyond those normally available to the school. These children are assessed (a Statutory Assessment) and their needs, together with the provision required to meet those needs, are set out in Statements of SEN. Additional funding is made available to the school to meet this higher level of need.
4. The 1996 Education Act, the SEN Code of Practice (2001), the SEN Toolkit (2001) and in Oxfordshire the SEN Handbook for Schools and SEN Moderation Handbook provide detailed guidance on assessment and provision for children with SEN. A small extract from the Code (attached at Annex 1) illustrates the requirements on LEAs to consider carefully whether a statutory assessment is necessary.
5. As a result of their duty to carry out statutory assessments for a small number of pupils, LEA officers have to make decisions about which children require statutory assessment and, as a result, what provision to set out within the statement.

The Assessment Panel

6. Because currently 16 officers are involved in the statutory assessment process there is a need to ensure consistency of practice in interpreting the guidance and criteria set out within the documents referred to above. In 1998 an assessment panel was set up to meet weekly to review recommendations of Education officers who are responsible for carrying out statutory assessments. Such panels are recommended in the SEN Code of Practice. Two Senior Education officers, who have extensive experience of writing statements, take it in turns to chair the weekly panel but share the task in the third week to ensure consistency of judgement. The rest of the panel comprises a Senior or Principal Educational Psychologist, one of the Education officers involved in SEN casework and Headteachers. Observers, often from SEN services, are often present. The members of the panel receive advance copies of the documentation provided by the school. An average of approximately ten cases are considered each week and around 80% are agreed immediately. The school has a list of what is to be provided as well as detailed advice on the nature of that evidence (attached at Annex 2).
7. In every case where a statutory assessment is not agreed a letter, setting out the reasons for that decision, is sent by the Education officer to the parent, school and Educational Psychologist. Brief notes from the panel to the Education officer may provide the basis for that letter but the officer would normally supplement these after reconsideration of the submission and/or discussion with panel members. In some cases the reason for not agreeing assessment is because the child appears not to have needs that are so extreme that they cannot be met from within the resources normally available to the school. In others it may be that there is insufficient evidence that the school has taken all the appropriate action to support the child and which might reasonably be expected of them. Advice would normally be given to the school, by the officer, on what changes to the provision need to be made in order to support the child and, should those not prove successful, a statutory assessment would be reconsidered at a later date.
8. A brief note of the decisions including an indication about the quality of the Individual Education Plans (IEPs) and the school intervention is also sent to the adviser for SEN so that further advice and support might be given to schools that appear to require it and so that examples of good practice can be passed on to other schools. Where appropriate the Educational Psychology Service provides further support.
9. Almost all feedback from headteachers who have been involved in this panel over the years has been very positive in terms of the fairness and effectiveness of the procedure. Representatives of the Oxfordshire Primary Headteachers Association, in particular, have found it very helpful for their own professional development but also to feed back to other headteachers to ensure that practice in Oxfordshire schools is, wherever possible, continuing to improve.

Resources Panel

10. When the statutory assessments are complete the Education officer drafts a proposed statement of SEN which summarises the advice received in the reports from the school, educational psychologist, parent, doctor and others and sets out the provision required to meet each of the child’s special educational needs.
11. That draft together with copies of all of the reports received is then scrutinised by a Resources Panel with identical composition to that described above. The Resources Panel, like the Education officer, considers all of the evidence submitted and makes reference to the guidelines for the provision of resources for children with statements, which was considered by the Executive on 18 February 2003. However, it must be stressed that while this is a reference point each child’s needs must be considered individually and appropriate resources provided. The panel only considers those cases where proposed provision is not in the local school and/or support exceeds the equivalent of 10 hours a week of individual Teaching Assistant time.
12. Where the view of the panel differs from the recommendation of the officer an explanation is provided and the Education officer may discuss this further with his/her line manager. As a result the proposed statement is issued to parents setting out the child’s needs and provision that the LEA considers appropriate to meet those needs.

Representation at the Panel

13. While efforts have been made to involve headteachers in the panels it is true to say that secondary heads have only taken part in the panel proceedings during the last few months. This involvement is welcomed and a review of procedures and consultation on the efficacy of the panel meetings is scheduled to take place later this term. It is likely that this, together with the reorganisation of the Directorate, will result in some changes to the panel.
14. It has been suggested that parents and/or school representatives should be invited to attend the panel meeting to talk about their own case. However, this would be both extremely time consuming and is felt to be inappropriate. In accordance with legislation, parents and schools will have had the opportunity to provide evidence about the child’s needs and to suggest provision. That will have been considered by the Education officer. No further information should be necessary and individual representation is likely to undermine the objectivity of the process. Parents have a right to meet with the Education officer and make personal representations (which would be recorded, appended to the Statement and considered by the panel) and, of course, have the ultimate right of an appeal to an independent SEN Tribunal.

Annual Reviews

15. Decisions on provision for children with statements are also taken annually when the statement is reviewed. In these cases the school has the legal responsibility for calling a meeting, having circulated reports from/to those involved with the child and must submit a report of that meeting to the LEA. The Education officer will then consider the recommendations of the meeting and the other evidence submitted with that, before making a decision about amendments to the statement. The nature of the evidence which should be submitted from the review is set out in detail for schools.
16. Proposed amendments are submitted to the Resources Panel in the same way as were the original proposed statements. As with that original submission, there should be no need for parent or school to be present as their evidence will already have been considered at the review meeting and submitted in writing to the officer (and thence to the panel).
17. Following a review, the officer is bound to write to the parents and school either amending the statement or, where appropriate, stating that it will continue unchanged. Where amendments are proposed the parent has similar rights of representation and appeal as explained above. They may also seek reassessment which, if refused can also be challenged at a Tribunal.

RECOMMENDATION

18. The Executive is RECOMMENDED to note the content of this report in the context of the recommendations of the Independent Panel elsewhere on the agenda and to ask officers to review the working of the panels within three months.

KEITH BARTLEY
Director for Learning & Cuture

Background Papers: SEN Handbook for Schools; SEN Moderation Handbook.

Contact Officer: Simon Adams, Senior Education Officer, Children’s Services, Tel: 01865 810602

May 2003

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