Agenda item

This report provides an update to the Panel regarding placement of young people at Fosse Way House residential provision at Fosse Way Special School in Radstock.

The Head of SEND introduced the report to the Panel and highlighted the following areas from within it.

·  The Partnership Trust were informed earlier in the academic year that the Council were unlikely to need to commission places at Fosse Way House for the following year, starting in September 2025. She added that this was not due to budget pressures but because no new B&NES children have been identified whose Education Health and Care Plans indicate that they have specific educational needs requiring a curriculum outside of school hours, also known as a 24-hour curriculum or waking day curriculum.

·  The Statutory SEND team reviewed the Education elements of plans (section F) for children and young people at Fosse Way house, and consideration was given as to whether this provision could be offered during the school day. In all cases, the provision could be incorporated into a day curriculum and so the residential element of the placement was not required to meet this educational need. It is that Council’s view that independence skills can usually be taught during the school day, and through extracurricular activities, as they are at other special schools.

·  Only pupils on roll at Fosse Way School are eligible to attend its residential provision and when a child is placed in Fosse Way House, it is with the clear understanding that it is for one academic year. The children currently placed there will be able to complete this year-long placement. The Local Authority have not received any requests for mediation to resolve disagreement or dispute, or requests for tribunal resolution from families following this decision.

Councillor Liz Hardman said that she found it difficult to understand why the service had to close and asked if the criteria for a placement had changed and how this would affect those pupils in lower age settings at Fosse Way School.

The Head of SEND replied that having reviewed the EHCPs, no child had been identified as needing this type of provision and that additional skills could be taught to pupils during the day. She added she was confident that the needs of the children and young people of B&NES could still be met.

Councillor Hardman said that the provision had been in place for over ten years and asked what support was in place to provide learning opportunities regarding independence and social skills.

The Head of SEND replied that they expect schools to deliver on the needs set out in Section F of the EHCP. She added that a more robust process had been put in place as part of the Safety Valve work and that decisions regarding the EHCPs are made through a multi-agency panel.

The Chair asked for confirmation that it had been the decision of The Partnership Trust to cease the provision at Fosse Way House.

The Head of SEND replied that it was.

Kevin Burnett informed the Panel that he had been sent an email from The Partnership Trust that said that they were still awaiting a response from B&NES on points that they had raised.

·  Evidence based proposals submitted – No response

·  Parental evidence submitted - No response

·  No amended EHCPs received

·  ‘Residential’ included on one EHCP then removed.

The Head of SEND replied that when the error on the EHCP had been recognised the Council had immediately apologised to those concerned. She said that she recognises that there are those that have complex needs but explained that case law exists on what should be provided, and that 24-hour provision was very unusual.

She reiterated that decisions on EHCPs are made by a multi-agency panel and that a mediation process is available if required.

She explained that the Council has asked The Partnership Trust to continue to work with them.

Councillor Lesley Mansell asked why the provision has to stop after so many young people have benefitted from receiving its service. She said that recent Ofsted reports had consistently praised their work.

She requested that a cost benefit analysis be carried out and asked what additional support could be provided to the pupils at Fosse Way school following this decision.

The Head of SEND replied that it was not the Council’s decision to close the service and that there has been a change to the process for implementing EHCPs. She added that most of the staff from Fosse Way House were expected to move to the Fosse Way School setting.

She stated that there were different ways to meet the provision and that residential college settings might be available for certain young people in the future.

The Chair asked for the Cabinet Member to keep the Panel updated on this issue through his updates to them.

Councillor Hardman asked what post-16 residential accommodation was available locally.

The Head of SEND replied that this provision was available close to B&NES, in Somerset and Wiltshire. She added that almost all pupils from Fosse Way House were likely to move to a residential setting or provision from Adult Social Care.

Councillor Ruth Malloy asked if The Partnership Trust had yet made a decision on a future use of the building.

The Head of SEND replied that she was not aware that they had, but said it could be used for additional day pupils. She stated that the staff concerned are valued and that the Council would continue to work with them through this process.

The Panel RESOLVED to;

i)  Note the report

ii)  Be assured that Local Authority Officers continue to work strategically with social care, health, schools and other partners to work within statutory guidelines and support schools and other settings in delivering the very best outcomes for our children and young people.

Councillor Lesley Mansell asked for it to be recorded that she did not accept the report.