Issue - items at meetings - Self Managed Learning College (SMLC)

Report of the Executive Director, Children’s Services (copy attached)

RESOLVED – (1) That the committee notes the changes in the capacity of local authorities to recoup the cost from the DfE of children who are in receipt of elective home education attending a college of further education or other “alternative provider”, which means that the previous criteria under which the local authority had agreed to fund attendance of some pupils in receipt of home education at the SMLC is now defunct;

(2) The committee notes  that continued funding was agreed by the former Interim Director of Children’s Services (DCS) until the end of this academic term to allow time for alternative arrangements to be made for those affected children who were attending the SMLC, and for consultation on the way forward;

(3) The committee notes the consultation and the issues raised by the affected parents and pupils, and further notes the ongoing offer of support and advice which has been made to any affected pupils, including the possibility of attendance at a maintained school;

(4) The committee notes that the education of those pupils whose parents chose to educate them otherwise than in school continues to be the responsibility of their parent according to the law;

(5) The committee notes that if it meets the requirements of the DfE it is possible for colleges, including the SMLC,  to reclaim from the DfE the fees otherwise charged to the parents of children in receipt of elective home education; and

(6) A decision is made that from December 31^st 2013 no further direct funding will be offered to provide for children who are in receipt of education otherwise than at school to attend a fee paying college, including those children receiving elective home education currently attending SMLC.

43.1         The Committee considered a report of the Executive Director of Children’s Services providing further information about issues that might be required to enable the Committee to decide on the recommendations listed below, the Committee not yet having reached a decision about future funding

43.2         It was noted that the report should be read ion conjunction with the two previous committee reports submitted to the Committee on 16 July and 14 October 2013, in respect of local authority funding of pupils in receipt of elective home education who were in attendance at the SMLC.

43.3    The Head of Behaviour and attendance confirmed that at its meeting on 14 October 2013, the Committee had been unable to reach agreement regarding whether or not there should be any future funding for pupils currently benefiting from LA funding beyond the end of the current academic term. As in the event that no decision had been made by the Committee, the status quo applied, as it stood funding was in place until the end of the academic year.

43.4    In this case the status quo was that the criteria which had applied to the funding of places of children in receipt of elective home education no longer applied, as the previous criteria had specified that the LA could enter a child on the census return to the Department for Education, and that no funding could exceed the amount that the Council could recoup from the DfE. In these circumstances the Interim DCS, Heather Tomlinson had exercised her discretion to agree funding until December 2013, in order to provide for an opportunity for transition to other arrangements, and to allow for a period of consultation to look at future alternatives. 

43.5    The Local Authority had contacted parents of students attending the SMLC to advise them of the current situation with regard to funding and to offer support with regard to future educational options in mainstream schools. Of the 16 young people currently attending the SMLC, one was being funded by a mainstream school and 11 were being funded that term by the Local Authority. If the recommendations contained in the report were agreed there were a number of options the SMLC and parents might want to explore and these were set out in the report. The LA had offered to support parents and to explore the options available to them. To date one parent had made contact with the Local Authority.

43.6    Notification has been received that the Conservative Group wished to put the amendment set out below:

“The Conservative Group would like to insert into Recommendation 2.1, (vi) as follows:

“With the exception of those students attending the SMLC who have already begun Key Year 10 or 11 in September 2013 and are currently in receipt of local authority funding arising from the previous arrangement, for whom exceptionally funding will be provided  through to the conclusion of their academic Year 11 (ie. for a maximum of up to two years), a decision is made that from December 31^st no further funding will be offered to provide for children who are in receipt of education otherwise than at school to attend a fee paying college, including those children receiving elective home education currently attending the SMLC.

The amendment had been put by Councillor Wealls and was seconded by Councillor Simson.

43.7    Councillor Wealls stated that the Conservative Group had put forward their amendment in order to address the situation which had arisen at the previous meeting, whereby in voting against the proposed amendment when it become the substantive recommendations, those recommendations had fallen and the Committee had failed to make a decision. It was considered that the amendment was fair in that it recognised the needs of those students who had embarked on their GCSE studies and sought to support them to the end of their school career rather than place them in a position of having to find alternative educational provision. He hoped that those who had supported the earlier amendment would be able to support this one.

43.8         Councillor Wealls queried whether, as the current high needs block budget had been worked out based on historical spending funding for these 11 young people was already in the Council pot. It was explained that this as was not the case the Local Authority had simply acted as a conduit, although it was recognised that school funding arrangements were complicated.

43.9    In answer to further questions the Acting Assistant Director, Education and Inclusion explained that it was not necessary for a child to be statemented in order for alternative provision to be made, if parents were able to evidence special educational or other needs an appropriate level of provision could be made. If approached the local authority could discuss/ assess the needs of individual children and could support parents in that process.

43.10  The Legal Adviser to the Committee re-iterated her comments set out in the report, that by law the responsibility for a child’s education rested with their parents. This could be either by attendance at school or by “education otherwise” which was more commonly described as elective home education. The young people who were the subject of this report were regarded in law as being home educated. The SMLC was not a school it was a provider of private education and parents who chose to electively home educate their children assumed financial responsibility for it. The previous basis upon which funding had been provided for these young people was no longer available.

43.11  Councillor A Kitcat commended the report which in her view was well written and set out the current position very clearly.

43.12  Councillor Pissaridou stated that in her view the position was clear students did not take GCSE’s at the SMLC they took them subsequently elsewhere. The previous arrangements were no longer available and the high needs block should be used as it was intended had ceased and for the benefit of the city’s children overall. Other options were available, as set out in the report and parents can been invited to contact the LA.

43.13   Ms Travers, the CEO of Amaze sought clarification that if a child was moved from a mainstream school whether funding would move with them. It was confirmed that it would and that this arrangement would be between the school and the SMLC and was different from conduit arrangement.

43.14  The Executive Director Children’s Services re-iterated that the LA was happy to provide advice and support if approached by parents.

43.15   A vote was taken formally on the Conservative Group Amendment and on a vote of 7 to 3 it was lost. A further vote was taken on the recommendations set out in the Officers’ report and these were agreed on a vote of 7 to 3.

43.16   RESOLVED - (1) That the committee notes the changes in the capacity of local authorities to recoup the cost from the DfE of children who are in receipt of elective home education attending a college of further education or other “alternative provider”, which means that the previous criteria under which the local authority had agreed to fund attendance of some pupils in receipt of home education at the SMLC is now defunct;

            (2) The committee notes  that continued funding was agreed by the former Interim Director of Children’s Services (DCS) until the end of this academic term to allow time for alternative arrangements to be made for those affected children who were attending the SMLC, and for consultation on the way forward;

            (3) The committee notes the consultation and the issues raised by the affected parents and pupils, and further notes the ongoing offer of support and advice which has been made to any affected pupils, including the possibility of attendance at a maintained school;

            (4) The committee notes that the education of those pupils whose parents chose to educate them otherwise than in school continues to be the responsibility of their parent according to the law;

            (5) The committee notes that if it meets the requirements of the DfE it is possible for colleges, including the SMLC, to reclaim from the DfE the fees otherwise charged to the parents of children in receipt of elective home education; and

            (6) A decision is made that from December 31^st 2013 no further direct funding will be offered to provide for children who are in receipt of education otherwise than at school to attend a fee paying college, including those children receiving elective home education currently attending SMLC.