Purpose

Proposed
decision
 
That the Cabinet Member for
Education and Skills:
 
a. Approve
the Educational Health Needs Policy.
b. Confirm
Rosewood as the ongoing provider for services under the Policy.
c. Delegate
authority to the Corporate Director of Children’s, Young
People and Education, in consultation with the Cabinet Member for
Education and Skills, to refresh and/or make
revisions to the policy where changes do not require
additional governance.
d. Delegate
authority to the Corporate Director of Children’s, Young
People and Education to take relevant actions, including but not
limited to, entering into and finalising the terms of relevant
contracts or other legal agreements, as necessary, to implement the
above decision.
 
 
Reason for the decision
 

Following an Ombudsman’s case in 2022, it was
recommended that the local authority (LA) review the Health Needs
policy.

The aim of the draft policy
‘Supporting Children Who Are Unable to
Attend School Because of Medical/Health Needs’
is to provide clarity on the arrangements which will
apply when a school pupil in Kent is not able to attend school for
health/medical reasons. In particular, the policy provides
information for the local authority, schools, parents and pupils to
work in collaboration. This will ensure that all pupils have access
to suitable education and receive appropriate support in light of
their health/medical needs.

In addition, from 18 August 2024, the Department of
Education (DfE) ‘Working together to improve school
attendance’ statutory guidance comes into effect. Within the
guidance, there is a requirement for schools to inform the local
authority when a pupil is absent from school due to illness for 15
days or more (consecutively or cumulatively throughout an academic
year) or is due to be absent for 15 days due to illness. This, and
other new elements of the guidance, link closely with the
responsibilities of local authorities and schools concerning
education arrangements for children who are unable to attend school
due to illness. These responsibilities are addressed in the
DfE’s 2023 statutory guidance, ‘Arranging education for
children who cannot attend school because of health
needs’
Arranging education for children
who cannot attend school because of health needs
(publishing.service.gov.uk) and other relevant guidance.
 
Background
 

In the last academic year (2022-23), 21,000 pupils
in Kent were absent from school due to illness for at least 15
days. The vast majority of these pupils will continue to receive a
suitable education without intervention by Kent County Council
(KCC). However, in a minority of cases, it will be necessary for
KCC to provide alternative education in accordance with its
statutory responsibilities. This is further evidenced by a high
number of parental requests/complaints linked to the local
authorities Section 19 responsibilities.

The draft policy explains, in summary:

Procedures and stakeholder responsibilities regarding education
provision for pupils with health/medical needs in Kent. This
includes the responsibilities of KCC, schools, health services,
parents, and children and young people themselves, as well as how
stakeholders are expected to work together.
The
specific processes and procedures for making a health/medical needs
referral to The Rosewood School, how referrals will be handled and
assessed, and how The Rosewood School will provide alternative
education when it accepts a referral.
Responsibilities and procedures for supporting children to
remain within school, and for reintegration back into mainstream
education.

 
Options (other options considered but discarded)
 
These are the options
explored by the service for alternatives:

· 
No action regarding policy decision
- Ombudsman will likely open a new complaint and
issue a public interest report for non-compliance. In addition,
this will be a reputational risk for KCC as we will not be meeting
our statutory duties as highlighted in the new attendance
guidance.

· 
No action regarding commissioning
– at risk of KCC not delivering statutory
duties with regards to Section 19 of Education Act 1996 and
commissioned service (The Rosewood School) not giving best
value. 
 
How the proposed decision supports the

Framing Kent's Future - Our
Council Strategy 2022-2026
 

The policy aligns with the strategic statement by
working with strategic partnerships to understand and support the
diverse needs of our communities, promoting equality, diversity and
inclusion.

The policy will support:

Levelling up Kent

To maintain KCC’s strategic role in supporting
schools in Kent to deliver accessible, high quality education
provision for all families.

To see significant improvements in the economy,
connectivity, educational attainment, skills and employment rates
and public health outcomes in deprived communities in coastal areas
so that they improve faster than the rest of Kent to reduce the
gaps.

To work with our partners to hardwire a preventative
approach into improving the health of Kent’s population and
narrowing health inequalities.

 
 
How
the proposed decision supports Securing Kent’s
Future
 
 

https://kentcountycouncil.sharepoint.com/sites/KCCKNet/SitePages/decision-making.aspx
 
The draft policy will
continue to expect mainstream schools to make reasonable
adjustments to ensure the continual delivery of education where
eligible children are absence for a prolonged period (beyond 15
days), along with promoting the reintegration of children back into
their home school as soon as reasonably possible. These principles
are aligned with the delivery of objective 2 of securing
Kent’s future through the delivery of future cost avoidance
to the local authority.  
 
Where it is deemed the
home school can no longer provide suitable education for eligible
children, a separate commissioning review is currently being
undertaken to ensure the local authority offer is in line with best
valve considerations.
 

Financial Implications

 

·      
The draft policy is expected to support the current
practice where schools provide suitable out of school education
arrangements for eligible children, where possible, and will
continue to fund these activities from their individual
school’s budget.  The DfE guidance
allows the LA to deduct a portion of the school budget where this
is not the case.

·      
For the minority of cases where school arrangements
are not sufficient, the local authority offer is currently provided
by the KCC maintained pupil referral unit: The Rosewood school,
with an annual revenue budget (£3.3m for 24-25) funded from
the ring-fenced High Needs Block of the Dedicated Schools Grant
(DSG) provided by the DfE. Any capital costs associated with the
school are met from the Council’s Capital budgets for Schools
annual planned maintenance or, the High Needs Capital Budget
(dependent on the requirement).

·      
The DfE requirements in respect of the education of
children not in school reiterates the Council’s role in
ensuring eligible children with health needs receive suitable
alternative provision. The resource required to fulfil this role is
currently being scoped. If additional resources are required, the
statutory functions relating to attendance are funded from a
combination of grant funding (Central Services Schools Block of the
DSG) and income from the issuing of Statutory Penaly Notices. Extra
income from changes to the national framework for penalty notices
will be expected to fund any additional resources required to
fulfil our duties.

·      
Financial implications of this policy will be
reviewed further in light of both the commissioning review,
additional resources required and the outcome of the public
consultation.

·      
There is a financial risk to the LA that the
promotion of this policy may result in additional demand for a
local authority offer. Any associated costs would need to be met
from the High Needs Block of the DSG.
 
Legal
Implications  
 
Section
19 of the Education Act 1996 requires local authorities to
make arrangements to provide "suitable
education at school, or otherwise than at school, for those
children of compulsory school age who, by reason of illness,
exclusion from school or otherwise, may not for any period receive
suitable education unless such arrangements are made for
them". 
 
The
Department for Education ‘Alternative Provision’,
statutory guidance 2013 states: “Local authorities are
responsible for arranging suitable education for permanently
excluded pupils, and for other pupils who – because of
illness or other reasons – would not receive suitable
education without such arrangements being
made.”
 
The Department for
Education’s guidance ‘Arranging education for children
who cannot attend school because of health needs’, 2023
requires local authorities to provide education for children who
cannot attend education because of their physical or mental health
needs.   This
guidance states that from August 18th, 2024, it becomes
a statutory responsibility of the Local Authority and Schools to
provide alternative education arrangements.
 
Section
7 of the 1996 Education Act states that parents/carers must ensure
that children of compulsory school age receive efficient full-time
education suitable to a) their age, ability and aptitude, and b) to
any special educational needs they may have, either by regular
attendance at school or otherwise.
 
The
Equality Act states: “Some complex and/or long-term health
issues may be considered disabilities under equality legislation.
This legislation provides those local authorities must not
discriminate against disabled children and are under a duty to
eliminate discrimination, foster equality of opportunity for
disabled children and foster good relations between disabled and
non-disabled children.”

 
Section
19 is intended to cover circumstances in which it is not reasonably
possible for a child to take advantage of existing suitable
schooling. This policy provides details about the provision of
education for children in Kent who cannot attend school because of
medical/health needs.
 

Decision

As Cabinet Member for
Educational and Skills, I agree:
 
a. Approve
the Educational Health Needs Policy.
b. Confirm
Rosewood as the ongoing provider for services under the Policy.
c. Delegate
authority to the Corporate Director of Children’s, Young
People and Education, in consultation with the Cabinet Member for
Education and Skills, to refresh and/or make
revisions to the policy where changes do not require
additional governance.
d. Delegate
authority to the Corporate Director of Children’s, Young
People and Education to take relevant actions, including but not
limited to, entering into and finalising the terms of relevant
contracts or other legal agreements, as necessary, to implement the
above decision.