The Safeguarding and Education Overview and Scrutiny Committee met to discuss the SEND and Alternative Provision Improvement Plan, the pressures on the High Needs budget, and future work programmes. Councillor Janet Higgins, Cabinet Member for Education and SEND, presented an update on the progress and priorities of the Area SEND and Alternative Provision Improvement Plan. Members expressed concerns about early years intervention, the complexity of the EHCP process, and the increasing High Needs deficit.

SEND and Alternative Provision Improvement Plan

Councillor Janet Higgins presented an update on the Area SEND and Alternative Provision Improvement Plan, outlining progress, priorities, recent inspection outcomes, and collaborative work to deliver special educational needs and disabilities (SEND) provision. The report detailed the development of the 2025-26 Improvement Plan, key themes, projects, progress monitoring, and risk management. It also clarified the statutory education, health and care needs assessment (EAST-HCNA) process¹. Several councillors raised questions and concerns regarding the plan.

Early Years Intervention

Several councillors raised concerns about the lack of early years intervention and its potential impact on the number of Education, Health and Care Plans (EHCPs). Councillor Janet Higgins acknowledged the importance of early intervention and highlighted the work being done by the early years team to increase capacity and identify children with the highest level of need. She announced the launch of a pre-statutory intervention for early years, mirroring a similar programme for school-age children. However, she also noted that multiple factors contribute to the high number of EHCPs, including the impacts of Covid-19, economic challenges, and cuts in education and social care.

A councillor asked how the council monitors private nurseries to ensure children receive the right start in life. An officer explained that the council has a statutory responsibility to oversee the quality of provision within the private, voluntary, and independent sector, including nurseries and childminders. A team works across approximately 1,000 providers to assess quality, and providers are also subject to Ofsted inspections.

EHCP Process and Delays

Councillors raised concerns about the complexity of the EHCP process and delays in decisions. One councillor noted that one project out of 12 had yet to commence and questioned the reasons for delays in informing parents or healthcare professionals after an EHCP decision.

An officer clarified that the local authority has six weeks to determine whether to assess a request for an assessment. They are responding to parents within that six-week period in over 92-93% of cases. Delays may occur when the local authority needs to gather additional evidence to determine whether an assessment should proceed.

The officer explained that the project that had not commenced related to improving the local offer². Leadership has now been found to take on the project, with improvements including consultation with families and children to ensure the online local offer meets their needs.

In response to a question about schools requiring proof that £6,000 has been spent on a child before applying for an EHCP, an officer clarified that there is no legal requirement for schools to demonstrate the use of £6,000. The legal test is whether the child may have SEND and may require additional provision above what the school ordinarily provides. The council looks for evidence of a graduated approach³ but this does not prevent a school from making a request. An officer noted that the number of assessment requests being agreed has increased significantly in the last four years, indicating an increase in need and clearer requests from schools.

Project Delays

A councillor referred to page 14 of the SEND and Alternative Provision Improvement Plan and asked for more detail on why three projects were behind schedule and one had not started. An officer explained that delays were due to capacity issues resulting from increased demand. A review process is in place to monitor project status, and risks are escalated through governance arrangements. The DFE advisor has assured the council that the steps being taken demonstrate good oversight.

0-25 SEND Strategy

The committee discussed the 0-25 SEND strategy.

Waiting Times for EHCPs

A councillor asked how many children in Staffordshire are waiting beyond the 20-week legal timeline for EHCP decisions. An officer reported that approximately 480 children were waiting beyond 20 weeks, which is regrettable. A team has been created to focus on completing the 300 assessments that have been waiting the longest by December 2025.

When asked which districts and boroughs were most concerning, an officer said that all districts face challenges due to the legally fraught, complex, and high-demand environment. They commended the strategic and political support in Staffordshire for addressing these challenges.

Shortage of Educational Psychologists

In response to a question about the reasons for delays, an officer identified the national shortage of educational psychologists as a key challenge. The government has closed educational psychology courses and has not increased the size of the educational psychologist population despite the increase in need. Many educational psychologists are moving into private practice. The officer also noted that the demand on SEND teams and NHS and social care colleagues compromises their capacity to process assessments.

A councillor noted that the shortage of educational psychologists has been an ongoing issue for decades. An officer expressed hope that the forthcoming white paper will reframe the role of educational psychologists to focus more on early intervention.

Quality of Education and Healthcare Provision

Councillor Steve Bell raised concerns that simply granting an EHCP does not resolve the issues and complexities of a case, and that the quality of education or healthcare provision is what truly matters. He asked what is being done to support schools in dealing with children with severe SEND.

An officer responded that Staffordshire has a coherent offer across the eight districts through the SEND and inclusion model, a hub model run by settings and supported by the local authority. The local authority also supports schools through enhanced assess, plan, do, review, and commissioned teams of schools in each district to provide inclusion support.

Councillor Steve Bell requested quantitative and qualitative evidence of the impact of the enhanced district inclusion support teams (CEDIS). An officer agreed to provide this evidence, noting that a designated commissioner collects outcome evidence of interactions with CEDIS teams. Reports on the impact of this work are also presented to the SEND and Inclusion Partnership Group and the SEND Executive Board.

Criteria for SEND School Entry

A councillor asked if the criteria for children to enter a SEND school would be reassessed. An officer clarified that the criteria for entry into a special school are based on the outcome of assessments and the EHCP. The local authority consults with the nearest appropriate special school to determine if it can meet the child's needs. There are no set criteria in Staffordshire schools that require ticking specific boxes.

Expansion of Special School Places

A councillor asked about the expansion of special school places in local communities. An officer reported that existing projects have delivered around 220 special school places in the last academic year. There are six or seven projects underway to further develop existing capacity, and the council is scoping out a new special school. The council is also looking to develop county-wide enhanced resource bases in mainstream schools.

The requirements for the places are irrespective of school status, and so that we operate across all of all of the kind of the education provider estate so it's both academies and maintained schools

High Needs Deficit

A councillor asked about the council's financial position and the potential impact on SEND provision. An officer reported that the dedicated schools grant (DSG) is in deficit by £53 million, primarily due to overspending in the high needs block⁴. Last year, the overspend was £28 million, and this year it is forecast to be around £43 million. The cumulative deficit is expected to exceed £90 million by the end of the year.

Staffordshire is one of the lowest-funded authorities for high needs provision. Councillor Janet Higgins and Councillor Alex Hunt are lobbying for extra funding. If additional funding is not received, the council may face challenges in setting a balanced budget.

An officer explained that the increasing deficit is due to several factors:

• Increase in the number of youngsters with education health and care plans
• Increased complexity of needs
• Increase in anxiety and mental health issues
• Increase in the number of youngsters educated other than at school
• Challenges around permanent exclusions
• High costs of independent sector provision

The average cost of educating a youngster in the state-funded sector is around £25,000-£26,000, while the average cost in the independent sector is around £65,000, with new placements averaging around £70,000.

An officer clarified that even if all youngsters in the independent sector were educated within the maintained sector, there would still be a significant overspend in the budget.

Co-production with CAHMS Services

A councillor asked how co-production with CAHMS⁵ services affects children with special educational needs. An officer explained that the council has been on a co-production journey since its previous inspection outcomes, working to ensure that they are working with families to iron out differences and identify shared areas of agreement in plans. The council is reintroducing meetings that include the child, family, and school in the planning process. A co-production promise has been created to set out how everyone will behave and work together, and the council is now in the embedding phase.

Transport Costs

A councillor noted that the cost of transport is around £27 million and asked if this is expected to increase. An officer confirmed that the cost is expected to increase as the population increases and more youngsters become eligible for travel assistance. The council manages the budget as effectively as possible, but it is expected to be tight in the coming years.

Support for Homeschooling

A councillor asked what support is in place for children with SEND who are homeschooled. An officer explained that parents have a statutory right to electively home educate their children. The local authority has a responsibility to ensure that the provision is age-appropriate, appropriate to their ability, and appropriate to their needs. The electively home educated team undertakes annual reviews of the youngsters' provision.

The Children's Wellbeing and Schools Bill will require the council to maintain a register of all children who live in Staffordshire and are being educated at home. If a youngster has an EHCP, the local authority must provide permission for elective home education to take place. The officer noted that the electively home education team is under pressure due to the increasing number of youngsters being homeschooled.

Quiet Rooms in Schools

Councillor Ann Edgeller asked if every school has a quiet room where children can go if they are displaying anxiety. An officer said it would be difficult to give a definitive answer but that they would deem such a space a reasonable adjustment. They said that many schools will have that sort of provision, and it would strike them as very unusual for a school not to acknowledge that they need to create spaces where children can be supported to regulate. The primary responsibility would rest with the special needs coordinator (SENCO).

Work Programme

The committee discussed the work programme and upcoming meetings. The domestic abuse strategy has been moved to the 4 December agenda, the community safety strategy has been moved to the January meeting, and the age-restricted sales to children and young people item has been put back again.

Upcoming meetings and briefings include:

• Elective Home Education Working Group meeting (this afternoon)
• Briefing with Phil Pusey (chief executive of SCVYS) and Lynn Milligan (safeguarding and voluntary safeguarding partnership board officer) (27 October)
• Joint briefing on family hubs with health and care colleagues (4 November)
• Visit to the integrated front door for children and MASH for adults at Lyndham House (7 November)

The committee agreed to include an item on the work programme to gather more information on the recent loss of children in Stafford, with the understanding that it may not be possible to share information at this time due to ongoing investigations. They also agreed that members should not comment to the press on this matter.