RESIDENTIAL CARE: GOOD INTENTIONS, GOOD ENOUGH? DFE COMMISSIONED REPORT - LGIU
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Residential Care: Good intentions, good enough? DfE commissioned report Date 11 January 2018 Author Andrew Crompton LGiU/CSN Associate Summary Good Intentions, good enough? A review of the experiences and outcomes of children and young people in residential special schools and colleges (November 2017) is a DfE-commissioned review by Christine Lenehan and Mark Geraghty on residential special schools and colleges. In response, on the day of publication, the DfE published Statutory visits to children with special educational needs and disabilities or health conditions in long-term residential settings: Statutory guidance for local authorities, health bodies and health or educational establishments. The report outlines a vision for meeting the needs of children and young people currently in residential provision, some of which would be through improving support in mainstream schools and local communities to potentially reducing the need for residential provision. Proposals are made for future practice that can meet the needs of these children. Current provision and place planning is explained and the impact it has on children and families. The report contains a number of recommendations focused on creating an improved framework within which planning and commissioning can take place, and on improving the quality of experience and outcomes for children and young people within this sector. In response, the DfE published Statutory visits to children with special educational needs and disabilities or health conditions in long-term residential settings: Statutory guidance for local authorities, health bodies and health or educational establishments. A national leadership board for this area of provision has been established, and a new resource developed by ASK Research and Coventry University on effective practice has been published. This briefing will be of interest to elected members and senior officers with responsibility for, or an interest in, special educational needs or disabilities (SEND), children’s social care, and the commissioning of health services for children with SEND, including those involved in the provision of Child and Adolescent Mental Health (CAMHS). Background Concerns about the incidence of the abuse of children living in residential settings have provided the impetus for numerous reviews. Reports include the Utting and Warner reports in the 1990’s, and those triggered by more recently events in Rochdale and Rotherham Borough Councils (see Related Briefings). A House of Commons Education Committee report Residential Children’s Homes, published in 2014, recognised the complexities and costs of the sector, and the potential implications for further © Local Government Information Unit/Children’s Services Network www.lgiu.org.uk 251 Pentonville Road, London N1 9NG. Reg Charity 1113495. This briefing available free of charge to LGiU/CSN subscribing members. Members welcome to circulate internally in full or in part; please credit LGiU/CSN as appropriate. You can find us on Twitter at @LGiU
change. The policy focus on children in residential settings widened as result with a consultation on standards for children’s homes and a revised Ofsted framework following. A further report, Children's residential care in England (Martin Narey's independent review), was published in July 2016. The widening and deepening of our understanding included a recognition that there is a wide range of needs and provision within this sector; including secure placements, care placements, and a range of specialist residential settings focusing on particular health conditions or special educational needs. The sector includes both public and private provision, that can perceive its main links as with care, health or education services more widely, and some of the highest cost provision to the public purse. Good Intentions, good enough? came from a recommendation in the Narey report that the residential special schools sector warranted separate consideration. Briefing in full The issue of strategic planning and the way local authorities commission provision raised by the Narey report is considered by Good Intentions, good enough? in the specific context of residential special schools. A further concern identified by Christine Lenehan in an article published by the National Children’s Bureau (NCB) is why some children with mental health needs were “bouncing back and forth between in-patient care and residential special schools”. The report also seeks to understand better the outcomes and experiences of children in the sector. The report details an overall decline in numbers since 2010, especially within the independent non-maintained sector. Placements cost between £35k and £350k per year with expenditure in this sector estimated to be around £500m. Four broad categories of students are identified: a) autism, communication difficulties, severe learning difficulties; often exhibiting challenging behaviour that arise because of difficulties communicating; b) those with social, emotional and mental health needs (SEMH); often linked to attachment difficulties and with challenging behaviour which reflect underlying mental health difficulties (anxiety or depression, self-harming or substance misuse); c) those with profound and multiple learning difficulties (PMLD) and health needs that require intensive specialist support. Some have life-limiting health conditions and require specialised health support to help to manage these conditions; d) those with a special educational need or disability but moderate or no learning difficulties (hearing or visual impairment, Asperger’s syndrome, or a physical disability). The report recognises that pupils in all groups may have no specific learning difficulties, although these can arise as a result of their health or social circumstances. Negative experiences in mainstream provision are identified as a frequent reason for a child developing challenging behaviour or mental health issues which subsequently trigger a search for residential provision. The Report’s Vision The authors believe that reducing the pressure on residential school placements can be achieved in two ways. Firstly by improving the capacity of mainstream schools to meet the needs of these © Local Government Information Unit/Children’s Services Network www.lgiu.org.uk 251 Pentonville Road, London N1 9NG. Reg Charity 1113495. This briefing available free of charge to LGiU/CSN subscribing members. Members welcome to circulate internally in full or in part; please credit LGiU/CSN as appropriate. You can find us on Twitter at @LGiU
children, and secondly by developing a range of flexible support provision locally, not all of which needs to be residential. They give the example of Oxfordshire County Council who partnered with MacIntyre to develop Endeavour Academy, a special school for autism that also offers extended day activities, short breaks and residential care. This in turn will enable better commissioning, and may also reduce the need for residential placements and hence reduce costs. “In a future where provision for children and young people with SEND was working optimally, residential special schools and colleges would provide specialist support and expertise to a small number of pupils with particularly high needs. The price of these placements would be linked clearly to the services provided, and parents would not feel they have to fight to access them. Some of those currently in residential schools and colleges would instead have their needs met in mainstream schools or non-residential special schools close to their homes”. There would be a more cohesive and systematic approach that provides a clearer and more open process for both families and children, so they “can understand what is happening to them and why” (Lenehan in NCB article). For this vision to be delivered, planning and commissioning would need to encompass: • LAs using data to forecast demand for places, then working with providers, parents and CCGs to develop and commission a range of services to meet these needs locally; • schools working with LAs to recognise those likely to develop high needs early in their schooling, and supporting them proactively to reduce the severity of these needs; • CCGs and social care teams designing holistic support for children, young people and their families, particularly through mental health services, short breaks and building parental capacity; • holistic support that crosses the boundaries of education, health and care, would be provided so residential placements are only used where appropriate; • families enabled to make informed choices and remain in local provision as far as possible; • mental health services that “enable children and young people to attend their local school or colleges”. • stretching outcomes for these children and young people, who would be supported to transition to the adult services they will need; Residential special schools and colleges would; • be open and flexible about their fees; • work collaboratively with LAs on individual placements and future services; • give educational progress the same priority as wellbeing; • work to return children to local provision where they had made sufficient progress; • share expertise and provide outreach services; • support one another to improve; • embed preparation for adulthood throughout the education children receive; • enable students to make positive progression from college; • equip them with the skills to lead their lives as independently as possible. Mainstream schools and colleges would need to ensure: © Local Government Information Unit/Children’s Services Network www.lgiu.org.uk 251 Pentonville Road, London N1 9NG. Reg Charity 1113495. This briefing available free of charge to LGiU/CSN subscribing members. Members welcome to circulate internally in full or in part; please credit LGiU/CSN as appropriate. You can find us on Twitter at @LGiU
• children and young people with SEND feel welcome and would know where to get support that enables them to meet their needs; • good links between mainstream and special providers, enabling the sharing of expertise, promoting better understanding of SEND and ensuring educational progress remains a priority. The Report’s description of reality The experiences of children, young people and their families The reality described by the report is that the families of some of the most vulnerable children in the country are caught in the middle of a complicated system that requires them to understand and navigate services, that may not be best designed to meet their needs, and that may not be operating to the same purposes and standards. Children and young people are described as often having negative experiences in local mainstream and day special schools, with 70% exhibiting challenging behaviour, most of which develops before they arrive at a residential school. Concerns are raised about mainstream schools becoming less welcoming places over the last 10 years, and the report suggests greater clarity about their duties under the equalities act may be needed. The report also suggests that there is a lack of understanding of the factors that cause challenging behaviour in mainstream schools (which are different for example for autism and those with social, emotional and mental health needs), and a lack of knowledge about the different strategies that can help to prevent it. Added to this the report describes a frequent absence of support and/or coordination across education, health and social care services with a cumulative effect on children that was “concerning”. The report recounted children and young people speaking of “intense loneliness and increasing anxiety”, which for some led to school refusal and long periods out of education, suggesting that a significant part of these problems stemmed directly from their experiences in mainstream schools. This led them to seek out specialist provision, with parent/carers looking at residential solutions where no alternatives were available in their area. The planning, commissioning and funding of provision According to the report, some LAs have failed “to develop provision proactively” (“shopping” rather than commissioning in the words of the report) contributing to a scarcity of local places that can increase prices, and put more pressure on budgets. The report suggests that, possibly because of budget pressures, some LAs routinely challenge parental requests for residential provision, even when they have no alternatives to offer. It also leads to some children and young people moving out of area and away from their families and friends, creating further negative experiences for families. The report notes a “striking level of mistrust within the sector” as a significant factor behind the negative experiences of residential pupils. The authors were “consistently concerned” by “how the conflict that flows from this is affecting children and young people”, which they suggest may stem from a “lack of understanding about the conflicting pressures that other parties are experiencing”. LAs are under financial pressure, and face increasing numbers of pupils with high needs “at a time when they may lack the capacity to plan strategically for them”. At the same time, the residential special schools and colleges feel children and young people are only referred at crisis point, when © Local Government Information Unit/Children’s Services Network www.lgiu.org.uk 251 Pentonville Road, London N1 9NG. Reg Charity 1113495. This briefing available free of charge to LGiU/CSN subscribing members. Members welcome to circulate internally in full or in part; please credit LGiU/CSN as appropriate. You can find us on Twitter at @LGiU
behaviours are ingrained, resulting in them feeling “isolated from or excluded by the rest of the education sector”. Great variations in cost across provision that is apparently similar are outlined, and examples given where costs seemed “inexplicably high”. There was often a lack of transparency on the part of providers feeding into LA reluctance to place, again feeding into parental frustrations. Parents also cited this as a cause of frustration, saying that funding disputes between LAs and CCGs, and even between education and social care teams in LAs, were delaying their children receiving the support they felt they needed. The report stressed that “mental health services were raised repeatedly throughout the review as being difficult to access” saying that “the importance of adequate mental health support as part of this holistic offer is difficult to overstate, but for many this seemed to be lacking”. The authors gave examples (in Gloucestershire, Ealing & North Yorkshire) where a more inclusive “wraparound” offer is being developed for children with social, emotional and mental health needs, that includes trauma-informed practice in schools as well as both mental health and social care support outside of them. Current residential special school & college provision Lenehan and Geraghty note that most parents and children were satisfied with provision, suggesting this was both a reaction to their previous negative experiences, and a relief at finding helpful therapeutic support. Parental concerns noted included provision not matching up to their vision, poor communication, little effort to maintain links with local communities, specialist care staff of low quality, and in some schools and colleges, a lack focus on educational progress. According to the report “professional isolation was worryingly prevalent among some schools that we visited” and networks that support the sharing of best practice amongst these schools were described as “weak”. The report suggests one reason for this may be inadequate leadership with DfE statistics showing that in the state-funded special/Pupil Referral Unit (PRU)/Alternative Provision (AP) sector, leadership vacancies more than doubled between 2011 and 2016, and vacancy rates are substantially higher than in maintained and academy primary and secondary schools. LAs that struggle to attend annual reviews increase further the school’s isolation, with some schools becoming complacent in their isolation and not reporting outcomes, absences or school closures to the LA paying for the placement. The report saw poor LA monitoring as contributing to a lack of ambition (either for outcomes or future destinations) within the sector, summed up as a “lack of ambition” or, in the words of one LA officer, as “pupils are generally happy and safe but there seems little measurable progress being made”. Recommendations The concerns set out above led directly to the authors recommending a new national leadership board, as well as other measures designed to create a greater sense of collegiality and a more open and transparent arena for planning and commissioning to take place. The report suggests that the kind of regional consortium arrangements put forward by the Association of Directors of Children’s Services (ADCS) in their evidence may well be the most sensible way forward. © Local Government Information Unit/Children’s Services Network www.lgiu.org.uk 251 Pentonville Road, London N1 9NG. Reg Charity 1113495. This briefing available free of charge to LGiU/CSN subscribing members. Members welcome to circulate internally in full or in part; please credit LGiU/CSN as appropriate. You can find us on Twitter at @LGiU
The report also suggests that an improved understanding of challenging behaviour and how to deal with it is needed across the spectrum of mainstream schools, particularly for those with specific disorders such as autism and for those with social emotional and mental health needs. It also sees here an opportunity to break down divisions and barriers between residential and other schools through the sharing of expertise in working with specific needs and better understanding thresholds where different types of provision become appropriate. A national framework: • The DfE should create a national leadership board for children and young people with high needs, reporting to the Minister for Children and Families, to take forward the recommendations of this review, provide strategic oversight to the services they need, and support collaborative working between LAs, CCGs and providers. Links should be made with other boards for vulnerable children as appropriate. • The DfE and DH should, in response to the upcoming green paper on children and young people’s mental health, set out how mental health support will be delivered for children and young people with SEND. • The DfE and DH should explore, with a view to piloting, how accountable care systems can lead to more coherence across education, health and care for children and young people with SEND. • To provide an evidence base on which discussions about fees can be based, the DfE and DH should, through research, establish the average costs of services provided to children and young people with high needs. • The DfE should require independent schools with state-funded pupils to complete the school census for those pupils. • The DfE should publish destinations data for children and young people that have attended residential special schools and colleges, taken from the longitudinal educational outcomes dataset. • The DfE should clarify how the Public Contracts Regulations apply to independent/non- maintained special schools. • The DfE should clarify who is responsible for the safeguarding of children placed within the area by another LA. • The DfE should publish LA visiting guidance, setting out expectations for when LAs should visit children and young people in residential special schools and colleges • NASS (National Association of Independent Schools & Non-Maintained Special Schools) and Natspec (the voice of specialist further education) should encourage their members to be flexible on the fees they charge, and work with them to develop open-book accounting. On Planning & Commissioning • The DfE should ensure that LAs are offering sufficient short breaks to the families of children and young people with SEND. • The DfE should support LAs, working with CCGs as necessary, to make the best use of data and forecast need effectively, and give them an avenue through which to create new provision where a requirement is identified. Providers should also be involved in these discussions. • Local authorities, working regionally with CCGs, parents and young people, should plan and commission provision strategically to meet upcoming patterns of demand, locally where © Local Government Information Unit/Children’s Services Network www.lgiu.org.uk 251 Pentonville Road, London N1 9NG. Reg Charity 1113495. This briefing available free of charge to LGiU/CSN subscribing members. Members welcome to circulate internally in full or in part; please credit LGiU/CSN as appropriate. You can find us on Twitter at @LGiU
possible. To support this, local authorities should build understanding and data about local and regional trends in SEND needs. • The DfE should work with LAs to improve understanding of when it is and isn’t appropriate to contest a parents’ or young person’s choice of placement, and the SEND Tribunal should produce a regular digest of significant cases to reinforce this learning. On quality, accountability and outcomes • The DfE should develop a strategy to ensure mainstream schools and colleges can meet the needs of children and young people with SEND. This should include providing greater incentives to schools and colleges to do their best for this cohort, and ensuring that leaders in mainstream have the skills and vision to meet these children and young people’s needs. • The DfE should consider how the mainstream school and college workforce can improve their understanding of the reasons for challenging behaviour, and the proactive steps they can take to reduce it for children with autism and social, emotional and mental health needs. • The DfE should replace the national minimum standards for residential special schools with national quality standards. These should; a) require that schools demonstrate how they are achieving ambitious outcomes for children and young people, particularly those set out in EHC plans; b) include a significant focus on how schools and colleges are ensuring progress against the four PfA (Preparing for Adulthood) domains. • The DfE should improve the supply of quality school leaders to the special schools and colleges sector. • The DfE should consider what more can be done to promote and support school improvement in special schools. This should include promoting and facilitating greater links between mainstream and special schools. • NASS (National Association of Independent Schools & Non-Maintained Special Schools) and Natspec (the voice of specialist further education) should ensure their members know where to access school improvement expertise. Comment The Children Act 2004 introduced a requirement for local authorities and relevant health partners to co-operate with a view to improving the well-being of children. The Children and Families Act 2014 required local authorities and health commissioning bodies to make joint commissioning arrangements for education, health and social care provision for children and young people with special educational needs and disabilities. Yet the report indicates there are still areas where significant improvements are required in joint working. Perhaps if the SEN Regional Partnerships which flourished during the last decade had to been allowed to decline then there would be a better basis for joint working today. Because this is an area which includes specialist high cost provision for relatively small numbers, LAs that have not already done so, may find it helpful to develop joint commissioning arrangements in regions or sub-regions. However, this report stresses the need to see this within a continuum of other local provision that can enable children and young people to be provided with support in their school, family and community setting. © Local Government Information Unit/Children’s Services Network www.lgiu.org.uk 251 Pentonville Road, London N1 9NG. Reg Charity 1113495. This briefing available free of charge to LGiU/CSN subscribing members. Members welcome to circulate internally in full or in part; please credit LGiU/CSN as appropriate. You can find us on Twitter at @LGiU
The report is very clear that mental health services need to be considered in this context, one supported by Prime Minister unveils plans to transform mental health support, with an expected Children's mental health green paper possibly including a new joint working duty according to Children and Young People Now. Readers may want to keep an eye out for the Green Paper. DfE statutory guidance: Visiting children in residential special schools and colleges was published alongside the Lenehan and Geraghty report. It relates to children in a range of residential provision and not just residential special schools and colleges. It does however, provide helpful guidance on who is responsible for notifying host and home authorities that a placement is being made, or a review is being held. It clarifies in a table on page 7 the circumstances in which each type of authority is responsible for visiting and when, even if not the responsible authority, they should be informed or invited. Most children and young people placed in long-term residential schools or colleges will have a statement of special educational needs, an Individual Development Plan or an Education Health and Care (EHC) plan. If they are a looked after child, they will have a Care Plan, which will include a Personal Education Plan and a Health Plan. The new guidance draws on the Visits to Children in Long-Term Residential Care Regulations 2011 to outline what must be covered in a report of visit, and who should be provided with a copy. The guidance says that progress made on the targets within any education element to plans should also be covered. Local authorities and their partners may wish to review their arrangements for visiting children and young people placed in long term residential settings (defined as more than 3 months) and consider how the new guidance matches their existing practice. External Links DfE: Good intentions, good enough? – Residential special schools and colleges: support for children (November 2017) DfE statutory guidance: Visiting children in residential special schools and colleges (November 2017) House of Commons Education Committee: Residential Children’s Homes (March 2014) DfE: Children's residential care in England (July 2016) National Children’s Bureau: Review of residential special schools and colleges (November 2017) Gov.Uk: Prime Minister unveils plans to transform mental health support (Jan 2017) Children & Young People Now: Children's mental health green paper 'to feature joint-working duty' (October 2017) Legislation: Visits to Children in Long-Term Residential Care Regulations 2011, TES: Residential special schools are 'isolated' and lack ambition, review says (November 2017) © Local Government Information Unit/Children’s Services Network www.lgiu.org.uk 251 Pentonville Road, London N1 9NG. Reg Charity 1113495. This briefing available free of charge to LGiU/CSN subscribing members. Members welcome to circulate internally in full or in part; please credit LGiU/CSN as appropriate. You can find us on Twitter at @LGiU
Related Briefings How Local Authorities use Secure Placements for Children: DfE research (March 2017) DfE – Narey review of children’s residential care (August 2016) Educational outcomes of children in care – recent research (January 2016) Children’s Homes: Update (March 2015) Children’s Homes Regulations: DfE consultation (October 2014) Residential children’s homes – Commons Education Committee report (June 2014) Children’s Home Improvement: two reports (January 2014) Tackling child sexual exploitation and protecting children who go missing from residential care (August 2012) For further information, please visit www.lgiu.org.uk or email john.fowler@lgiu.org.uk © Local Government Information Unit/Children’s Services Network www.lgiu.org.uk 251 Pentonville Road, London N1 9NG. Reg Charity 1113495. This briefing available free of charge to LGiU/CSN subscribing members. Members welcome to circulate internally in full or in part; please credit LGiU/CSN as appropriate. You can find us on Twitter at @LGiU
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