The Children’s Wellbeing Bill
Councils welcome the Children’s Wellbeing Bill announced in the King’s Speech. The Bill proposes to introduce vital reforms to the education system that the LGA and councils have long been calling for. Despite having an important role and statutory duties in local education systems, for too long, councils have not had the requisite powers to fulfil their role or improve support for children and young people. The proposed reforms will redress the historic discrepancy between councils' duties and powers, laying the foundation for improving outcomes for all children and young people.
We particularly support the measures proposed in the Bill to:
- create a duty on local authorities to have and maintain Children Not in School registers and provide support to home-educating parents.
- requiring all schools to cooperate with the local authority on school admissions, SEND inclusion, and place planning.
- providing Ofsted stronger powers to investigate the offence of operating an unregistered independent school.
School admissions and place planning
Councils have a duty to plan local school places and secure a place for every child that needs one. However, they currently do not have the same power to direct academy trusts to expand their number of school places or admit individual pupils as they do with council-maintained schools. 81.9 per cent of all secondary schools are now academies or free schools. Local authorities therefore have limited powers to meet their duties and secure suitable school places for children who are out of school if local academies refuse to take them. This is a particular issue for children with SEND and pupils who have been permanently excluded, meaning vulnerable children are currently out of school and missing education for longer than necessary.
We therefore want to work with the Government to ensure the Children’s Wellbeing Bill gives councils a backstop power to direct academies to admit individual pupils and expand school places. This will be vital to get vulnerable children back into school as quickly as possible and meet local needs for school places.
Register of children not in school
Councils have a duty to ensure that all children of compulsory age receive a suitable education. Yet councils currently have little information about children who are not enrolled in a mainstream school. We have long called for councils to have the power to maintain a register of children not in school. The register, alongside the introduction of a unique identifying number for every child, will help to improve the visibility of children and prevent vulnerable children from disappearing from the view of services designed to keep them safe.
We have long warned that, without seeing children who are out of school, councils cannot possibly verify whether a child is receiving a suitable education in a safe environment or the information parents provide for the register is correct. Within the Bill, councils therefore also need a power to meet with these children at appropriate intervals. This will be vital to strengthen the safeguarding of children and allow councils to identify where children and families would benefit from support.
Inclusion and SEND
Despite record investment, the SEND (special educational needs and disabilities) system continues to fail too many children and families, and rising costs are becoming an existential threat to the financial sustainability of councils.
Developments over the last decade have significantly reduced the ability of the mainstream education system to support children with additional needs. Education reforms have disincentivized inclusion, while cuts to support within schools and wider services have reduced the targeted support that is available outside of the statutory system. As a result, Education, Health and Care Plans (EHCPs) are increasingly seen as the only avenue to access additional support.
We support the Government’s proposals to require all schools to cooperate with local authorities on SEND inclusion. However, to truly transform outcomes for children and young people with additional needs, nothing short of fundamental reform is urgently needed.
The LGA will shortly be publishing a report which sets out a bold vision to tackle current challenges and create a sustainable and effective SEND system. We want to work collectively with Government, parent carers and other partners to take these proposals for SEND reform forward and transform lives.
Councils are unanimous that reforms are urgently needed to:
Put inclusion at the heart of every aspect of our education system. This will require:
- A new national ambition for inclusion, with a national framework to set out what support should be provided in mainstream settings and best practice, to drive up standards
- rapidly rebuilding capacity within mainstream settings so that more children can access the support they need, at the right time, without the need for statutory assessment or plan.
- wholesale reform of education policy, including curriculum, qualifications, accountability, workforce training and development, leadership, and buildings.
Reform the statutory SEND system. Councils have long been highlighting that there is a fundamental misalignment of roles, responsibilities and accountabilities, which mean local SEND system leaders do not have the powers or strategic oversight they need to respond to issues or improve support. While SEND services are a multi-agency responsibility, local authorities have no clear mechanism for holding health partners to account for their vital contribution. Yet, councils are held accountable for outcomes not totally within their control.