Agenda and minutes

The Chair welcomed everyone to the meeting.  She reminded Members that as we are the pre-election period, to be mindful of avoiding giving an individual or a political group a platform by which they can influence public opinion. The Chair informed the Committee that there was a change in the order of agenda items, with Items 9 and 10 being dealt with before Item 8.

Apologies for absence were received from Councillors Nathan Hull, Tom Jones and Andrew Murday.  Councillors Karin Sedgwick, George Jabbour and Pete Lacey attended as substitute members.  Apologies from co-opted Members Andrew Smith, Tom Cavell-Taylor and David Watson.

Resolved –

That the Minutes of the meeting held on 17^th April 2024 be confirmed and signed by the Chair as a correct record.

Councillor Caroline Goodrick declared an interest in the Citizens Advice Bureau, and Councillor Kirsty Poskitt and David Sharp declared an interest in FEAST.

Members of the public may ask questions or make statements at this meeting if they have given notice to Alice Fox of Democratic and Scrutiny Services and supplied the text (contact details below) by midday on Tuesday, 18^th June 2024, three working days before the day of the meeting.  Each speaker should limit themselves to 3 minutes on any item.  Members of the public who have given notice will be invited to speak:-

·          at this point in the meeting if their questions/statements relate to matters which are not otherwise on the Agenda (subject to an overall time limit of 30 minutes);

·          when the relevant Agenda item is being considered if they wish to speak on a matter which is on the Agenda for this meeting.

If you are exercising your right to speak at this meeting, but do not wish to be recorded, please inform the Chair who will instruct anyone who may be taking a recording to cease while you speak.

Six statements had been received from members of the public. In accordance with the Council Constitution, a maximum of 5 statements (in order of receipt) were accepted by the Chair and read as follows:

1. The following statement was read out by Stephen Coe:

·        I wish to bring to the committee’s attention that the process of assigning special school placements is opaque and causing parents of the county enormous distress.

·        The process also has no audit trails, as records of decisions are not routinely kept, which prevents any improvement work or ability of families to understand the system.

·        As such, the system is open to abuse and corruption due to preferential treatment, fabrication of assessment results, and the cultural view that consulting families. and communicating with them ‘takes too long’.

·        That the SEND team is using the tribunal system to triage children into SEN places.

Stuart Carlton, Corporate Director, Children and Young People’s Service, provided the following response:

Decision making relating to the admission of a child or young person to a special school is governed by the requirements of the Children and Families Act 2014 and related SEND Code of Practice (CoP). Information about this is available on North Yorkshire’s Local Offer website, as are details of organisations who can offer independent advice and support.

The Law secures the general presumption in law of mainstream education in relation to decisions about where children and young people with SEN should be educated and the Equality Act 2010 provides protection from discrimination for disabled people.

To access special school a child or young person must have an Education Health and Care plan. This Plan includes information about their special educational needs and the education health and care provision that is required to meet their needs. This is a holistic view of the child or young person and is based on all information available to the LA at the time.

The final EHCP also names the educational school or setting. This section is concluded following discussion with a child’s family and the young person themselves, as well as an analysis of all of the assessment information available. Should a parent/carer express that they want a special school place then the Local Authority must consult with that school irrespective of whether it feels that school is able to meet needs.

Placement decisions are made in accordance with the CoP Section 9.79:

If a child’s parent or a young person makes a request for a particular nursery, school, or post-16 institution in these groups the local authority must comply with that preference and name the school or college in the EHC plan unless:

• it would be unsuitable for the age, ability, aptitude or SEN of the child or young person, or

• the attendance of the child or young person there would be incompatible with the efficient education of others, or the efficient use of resources

We have high aspirations for all children and young people with SEND in North Yorkshire. We want  ...  view the full minutes text for item 14.

Any correspondence, communication or other business brought forward by the direction of the Chair of the Committee. 

The Chair informed the Committee that she was unable to attend Full Councill on 15^th May 2024, however, she did submit the following questions to Councillor Janet Sanderson, Executive Member for Children and Families and Councillor Annabel Wilkinson, Executive Member for Education and Skills.

What is the current rate of achievement of completing (Education Health and Care Plans) EHCPs within the statutory time limit and how is NYC dealing with the complaints and threats of legal action that have been received from some parents?

Since 2015 we have seen an increase of 233.6% new plans issued in North Yorkshire. Timeliness of EHCPs has decreased both Nationally and Regionally. We have now improved our timeliness 2 years in a row (2022 and 2023), moving us to a similar position to the latest reported national average and better than most recently reported statistical neighbour average. Requests in calendar year 2023 were the highest ever received, approx. 39% higher than the previous year, which was the then highest ever received number of requests in a calendar year. Since 2021, owing to the increase in demand for EHC assessments and the lack of Education Psychologists (EP) locally and nationally, we have commissioned external temporary support to meet EHC demand. Whilst this enabled the Council to meet an increase in demand and improve timeliness of assessments in 2022 and 2023, from the autumn of 2023 the availability of temporary EP’s was such that we needed to further strength our supply of temporary workers and increase rates to attract the required capacity. Whilst this has supported the meeting of demand into 2024, a backlog of assessment is being worked through. Fortnightly performance and improvement meetings are in place to constantly performance manage the temporary staff programmes.

With this increase in supply and rates now in place, capacity has increased and we forecast being able to clear the backlog this year. As the backlog is cleared, the out of timescales plan is then recorded. As a result of the out of date plans going on record, we see performance numbers drop, and this is what we are seeing on the current statistic reports. This will however improve throughout the year when the backlog is completed. It is also worth noting that the number of requests for plans has now dropped for 4 Quarters in a row, which is very welcome news, but still remains significantly higher than it did in 21/22. Alongside these temporary measures, we have strengthened our direct workforce. We have recruited a Principal EP, increased the team numbers and have recruited five EP’s from abroad that will arrive in our teams later this year. We then plan to recruit assistant and trainee EP’s to complete the team. In the interim the SEND casework team have strengthened their communication, so parents are aware of the current challenges within the statutory assessment process. There is a Caseworker attached to each child undergoing assessment and they remain the single point of contact in order to support  ...  view the full minutes text for item 15.

Considered –

A presentation of the FEAST Impact Report 2023 by Alice Skaith, Holiday Activities and Food Co-Ordinator, Children and Young People’s Services.  A short video about the project is available here:

https://app.frame.io/presentations/f2bfb963-309e-46e0-aca5-4ef527ad874d

Alice explained that FEAST provides a range of free holiday activities to the most disadvantaged and vulnerable children and young people across the county, including young carers, refugees and asylum seekers, and children with SEND. Those who receive free school meals automatically qualify.

The key points are summarised below:

·       The DfE have funded FEAST through their Holiday Activity and Food (HAF) grant since 2021/22 and 2024/25 is the final year of that funding period. Funding has increased over the years, but not in line with the growing demand. This year they received a grant of £1.4 million.

·       Children receive free healthy food that meets the School Food Standard, and FEAST supports families through promoting healthy lifestyles (providing recipe cards and ingredients) and signposting to services (such as foodbanks).

·       They work in partnership with over 80 local voluntary and community-based providers and the team is encouraging them to look for additional funding so that they can continue the work after 2025. All of the providers comply within the DfE framework.  There are 12 specialist SEND providers.

·       FEAST are always mindful to deliver activities in the more rural parts of the county and transport can be provided (Council approved taxis). Selby is one of the areas where provision has grown significantly. 

·       Some Councillors have funded FEAST activities and meals by allocating some of their locality budget.

Members asked if there had been an impact on provision if demand for take-up has increased.  Marie-Ann Jackson, Head of Localities, explained that it is the DfE’s ambition that all children should have access to an activity within one mile of where they live. However, given the geographical make-up of the county, this was never going to be possible for NYC. They have had to limit the number of places to be able to offer provision in the more rural areas. There is also a ringfenced budget for one-to-one and two-to-one specialist care for children with SEND.

A Member asked if there was any evidence of benefits take up from families who were accessing FEAST activities. It was confirmed that this hasn’t been looked at in the past but could be explored.    

It was agreed that FEAST has been a massive success and extremely far-reaching, enabling children to access other grant funded schemes.

NOTED.

Councillor Mann left the meeting at 12.20pm

Considered –

A presentation by Amanda Newbold, Assistant Director, Education and Skills, Jon Holden, Head of Strategic Planning CYPS, Louise Wilson, Head of School Improvement and Sally Dunn, Head of Finance (Schools, Early Years and High Needs).

The Chair explained that this agenda item was requested a result of the Call-In

meeting held in April 2024 regarding the proposed closure of Fountains Earth Primary School. It was agreed that further information about roles and responsibilities of governing boards, and the support that the council offers to school would help the Committee gain a better insight around processes and procedures.

The presentation comprised of three elements:

- North Yorkshire Schools’ Context

- Responsibilities, including LA support for governors

- School closures in North Yorkshire

The key points are summarised below:

·        Everyone agreed school governors and governing bodies do an outstanding job.

·        It isn’t always the closure of a school that impacts the community, it’s often other factors that occur before a school closes that creates the impact. These include elements such as not enough affordable housing or jobs, and low pupil numbers.

·        Extensive consultation and procedures are followed which is a lengthy and thorough process, and it will be at least 2 years before a governing body will contact a local authority to explore closing a school.

·        Whilst some schools are closing, new ones are opening or merging with others, and NYC is always available to support and update governing boards and local Councillors throughout the process.

It was proposed that a working group could be considered to look at the impact of school closures and the support provided. It was also proposed to pause school closures, particularly in the more rural areas, until the local plans have been completed.  After considerable debate, it was felt that a working group wasn’t necessary because there is already adequate support provided to communities, parents and children, and an ongoing dialogue between governing bodies and the authority. Factors such as birth rates and new housing plans are reviewed on a regular basis and taken into consideration so a pause isn’t required.

NOTED.

(This item was dealt with after Item 10)

Considered –

A report by Councillor Alyson Baker, Young People’s Champion.   

The report highlighted the range of activities, engagement, and networking which Councillor Baker has participated in on behalf of the council. She pointed out that she has also supported and signposted a lot of families to council services. She congratulated Children’s and Young People’s Service on their work and Ofsted achievement. The Committee thanked Councillor Baker.

NOTED.

Considered –

 An update from Mel Hutchinson, Assistant Director for Children and Families.

The key points are summarised below:

·        There have been 17 Golden Hello’s of £500 since January 2023.

·        Over 75% of children living in foster homes are in stable long-term arrangements.

·        There has been an increase in children under 5 and 5-9 living in foster care, whilst the largest cohort of carers is 55-59yrs.

·        There is a very strong performance in health and dental check-ups, Strengths and Difficulties Questionnaires (SDQs), and Personal Education Plans (PEPs) for children in care.

The Committee heard from one Member of their personal experience and the growing pressures on being a foster carer. There was also concern of the rising number of younger children requiring care, especially considering the ageing population of carers. A Member suggested that a task and finish group could be set up to look at how foster carers can be better supported.

It was pointed out to the Committee that NYC’s Fostering Service have many more carers compared to other local authorities, this is an indication that the majority are happy and pleased with the level of support they receive, which offers reassurance.  It was important to put things into perspective and Members have spoken to many foster carers who have no complaints about the service. 

After a lengthy debate, the Committee decided that a task and finish group was not required. It was accepted that there will always be some instances where foster carers experience challenges, and the Corporate Director urged them to contact the service with any concerns. The Assistant Director explained that they are always looking at ways to improve the service and investigate all complaints. 

NOTED.

Considered –

A report by Stuart Carlton, Corporate Director for Children and Young People’s Service. 

This item is in response to the Notice of Motion at Full Council on May 15^th  2024 which called to treat care experience as a protected characteristic. The Committee agreed the first step would be to consult with care leavers to hear their views, as engaging with them is paramount. They would like to hear if care leaves have experienced any discrimination. They asked the Corporate Parenting Members’ Group to lead on this and report back at the next Children and Families Overview and Scrutiny Committee meeting on October 4^th.

Resolved –

That the Committee:

(a)   Notes the report provided;

(b)   Ask the Corporate Parenting Members Group to lead on a consultation with care leavers for their views on whether NYC should adopt care experience as a protected characteristic;

(c)   Receive an update at October’s meeting.

Considered –

A report by Alice Fox, Senior Scrutiny Officer, which invited Members to consider the Committee’s Work Programme for 2024/2025.

Resolved –

That the Work Programme, as it stands, be noted.

Any other items which the Chair agrees should be considered as a matter of urgency because of special circumstances

The Chair advised that she had no other Items of business to raise.

Friday, 4^th October 2024 at 10.00am.

This would be held on Friday 4^th October 2024 at County Hall in Northallerton, commencing at 10.00 a.m.

The meeting concluded at 1.10 p.m.

AF