7 June 2016 weekly update

Dear Colleagues

Latest National SEN Data

The DfE recently published its 2015 SEN national data. Kent’s performance is positive and reflects well on how we are working to deliver the reforms, following the Children and Families Act in 2014.

The published data shows a year on year increase nationally in the combined total of Statements and Education Health and Care Plans (EHCP) since 2010, with 29% of the national total as EHC Plans and 71% as Statements. This compares to 34% EHC Plans and 66% Statements in Kent. Kent’s combined total of 7,045 was the third highest in the Country, following Birmingham with 7,425 and Essex with 7,290.

Nationally there is low performance in the meeting the timescales for new EHC Plans being issued, with only 59.2% completed within the 20 week time limit, which is lower than the previous year and also lower than the percentage of Statements in 26 weeks in previous years. Kent achieved 86.2% of new plans completed in 20 weeks, which is significantly better than the national figure.

Nationally only 46.5% of the outstanding Statements were produced in 26 weeks. The South East Region average was higher at 63.8%. Kent completed 77% in time.

Nationally, only 18.2% of all existing Statements have been converted to EHC Plans. The South East region average was slightly higher at 18.7%. The published data for Kent shows that in the same period we converted 30.3%, which is equivalent to 2,015 Statements. This compares very favourably with Birmingham where 850 Statements were converted and to Essex where the figure was 185.

In Kent we still have far too many children and young people who are educated in Special Schools, compared to the national figures, although our SEND Strategy is improving the picture. Nationally 47% of pupils with statements and EHC plans attend mainstream schools, while in Kent only 38% of the combined total access mainstream schools.

Overall the figures are encouraging and reflect well on our efforts to deliver the national SEND reforms. Thank you to all colleagues in schools who are working so hard with us to make this happen.

Penalty Notices for Non Attendance at School

You will be aware of the publicity around the High Court ruling on attendance related Penalty Notices. A parent from the Isle of Wight who had been issued with a Penalty Notice by the Council for taking his daughter out of school for a holiday, refused to pay the fine and was taken to court. The magistrates ruled that the parent had no case to answer because his daughter had attended school regularly, for at least 90% of the time.

The Isle of Wight Council appealed to the High Court over the local magistrates’ decision on the case. On Friday 13th May the High Court dismissed the Council's challenge, ruling that the magistrates had not "erred in law" when reaching their decision. The parent successfully argued that even with the unauthorised holidays and other absences, the overall attendance record of his daughter remained above 90% - the threshold for persistent absence as defined by the Department for Education.

Given this situation, I would like to update you on what KCC will continue to do with regards to using this legal measure.

KCC reviewed its Education Penalty Notices Code of Conduct (PDF, 149.7 KB) last summer and following consultation the new Code was published in November 2015. This states that Penalty Notices for unauthorised absence are suitable only where there is persistent absence from school.

The change took into account the ruling in a previous case similar to the High Court ruling on 13th May. We also had subsequent advice from Her Majesty’s Courts and Tribunals Services (HMCTS) stating that , “ If a child’s attendance is 100% or close to 100% attendance in previous terms and the unauthorised holiday leaves the child with 90% plus attendance, it does appear that Magistrates can reasonably conclude that there is nevertheless regular school attendance”.

Under the new Code of Conduct a Penalty Notice for unauthorised absence is only issued where a child has an overall attendance of 90% or below (persistent absence level) or where there are aggravating factors such as removing a child from school during a period of examination.

This school year we have issued a total of 2103 penalty notices for unauthorised absences that meet the criteria set out in the Code of Conduct. We want to expand the use of Penalty Notices to all types of unauthorised absence. In the past 99% of Kent’s Penalty Notices were used for family holidays which only account for 2.95% of school absence. Schools can request a Penalty Notice for all types of unauthorised absence, which do not have to be family holidays in term time.

Lastly, schools in Kent have made significant improvements in school attendance in the past year. The latest DfE attendance release based on the Spring Census shows a good improvement compared with the same period last year. Overall Primary schools’ attendance rate has increased to 96.2% and Secondary schools to 95.2%. This is a very positive improving trend.

For more information on Penalty Notices please contact your Area Inclusion and Attendance Lead, or the Head of Service, Ming.Zhang@kent.gov.uk

Headteacher Briefings

Our main Headteacher briefings will take place on:

Thursday 23 June - 1pm for a 1.30pm start
The Mercure Hotel (Great Danes), Hollingbourne

Tuesday 5 July - 9am for a 9.30am start
The Ashford International Hotel, Ashford

I hope you will be able to attend.

To register at one of these briefings, please email EYPSsupportteam@kent.gov.uk stating your name, school and the session you wish to attend.

Patrick Leeson, Corporate Director Education and Young People’s Services