ASN Special Education Provision - Option Appraisal
Perth and Kinross Council · 20 February 2025
Back to Kinross-shire Committee — 20 February 2025 and its agenda
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Perth and Kinross Council Learning and Families Committee 29 January 2025 Additional Support Needs Special Education Provision (Primary and Secondary Schools) - Options Appraisal Report by Strategic Lead – Education and Learning (Report No. 25/19) 1. Purpose 1.1 This report requests that the Learning and Families Committee considers options to improve and increase intensive-level education for children and young people with complex additional support needs (ASN) in all Perth and Kinross Council (PKC) school localities. 1.2 If the recommended option is supported, it would be implemented over three phases. Phase 1 involves the development of new Intensive Support Provisions (ISPs) in Kinross High School, Perth High School and a primary school in the Perth Academy catchment area. All three new ISPs will require that a statutory consultation be undertaken to permanently establish a new stage of education within the schools. Work is ongoing to identify a suitable primary school for a new ISP within the Perth Academy catchment area. A further report in relation to this, will be brought to the Learning and Families Committee on 2 April 2025. 1.3 Phase 2 and Phase 3 will involve the development of new ISPs in an additional five schools. Reports seeking agreement for statutory consultations to be undertaken, in relation to the proposals for Phase 2 and Phase 3 schools, will be brought to future meetings of the Learning and Families Committee in due course. 2. Recommendations 2.1 It is recommended that the Committee: • Considers the options outlined in the Options Appraisal (Appendix 1) to increase provision of locally available ISP placements for children and young people with complex and multiple ASN in PKC schools; • Agrees to progress with the recommended Option 3 (Appendix 1); • Agrees to progress Phase 1 of Option 3 to establish new ISPs in one primary school and two secondary schools; • Requests the Strategic Lead (Education and Learning) to prepare and publish proposal papers to establish ISPs as new stages of education in Kinross High School and Perth High School, in terms of the Schools (Consultation) (Scotland) Act 2010;
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• Requests the Strategic Lead (Education and Learning) to formally consult the appropriate bodies and persons on the terms of the proposal papers, in terms of the Schools (Consultation) (Scotland) Act 2010; • Delegates authority to the Strategic Lead (Education and Learning) to investigate and manage any alleged omissions or inaccuracies during the consultation process and to take appropriate action in accordance with the Schools (Consultation) (Scotland) Act 2010; • Requests the Strategic Lead (Education and Learning) to prepare a report on the results of the Statutory Consultations and report back on the outcome of these consultations at a future meeting of the Learning and Families Committee in due course; and • Requests the Strategic Lead (Education and Learning) brings a further report to the Learning and Families Committee on 2 April 2025 in relation to identification of a primary school within the Perth Academy catchment area, within which, a new ISP can be accommodated. 3. Structure of Report 3.1 This report is structured over the following sections: • Section 4: Background/Main Issues • Section 5: Options for Consideration • Section 6: Statutory Consultation Process • Appendices 4. Background/Main Issues 4.1 PKC, as an Education Authority, has a statutory duty under the Education (Scotland) Act 1980 to make adequate and efficient provision of school education across its entire area for the current school population and future pattern of demand. The Education (Additional Support for Learning) (Scotland) Act 2004 places duties on PKC to provide additional support to enable children and young people to benefit from their education. 4.2 The ASN Transformation Programme aims to significantly improve educational experiences provided for children and young people with ASN in Perth and Kinross. The programme's vision is to help these children thrive, gain independence, and lead fulfilling lives by ensuring that they can access the best possible learning environment and support whilst in PKC Early Learning and Childcare settings or schools. 4.3 In Perth and Kinross, and across Scotland, there is a rising number of children and young people with ASN. Data collected in September 2024 identified that 39% of children and young people in PKC schools have ASN, reflecting a notable increase over recent years. Within this overall identified percentage, it is evident that there is also a rise in the number of children and young people with complex and multiple needs.
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4.4 There are currently fifteen ISPs distributed across nine primary schools (six secondary catchment localities) and six secondary schools for children with complex or multiple needs who are unable to benefit from mainstream education. Together, these ISPs provide special education for 300 children and young people aged 5 to 18 years old. Several of the ISPs are currently at capacity or over-capacity. 4.5 A feasibility study considered the rise in complex and multiple ASN and the availability of ISP placements. This highlighted the current capacity issues; inequity of opportunity and an associated transport budget overspend. It emphasised the need for expansion and better geographical distribution of ISPs to improve the experience of children, young people and families, reduce travel costs and the demand for independent special school placements. 4.6 This report presents options that can be implemented to address the areas identified as requiring improvement. The proposal will increase capacity in localities, reduce travel distances and the associated costs, and improve the educational experience of children, young people and their families. 5. Options for Consideration 5.1 Options have been explored to address the increasing requirement for ISP placements for children and young people with ASN. Consideration of each option is detailed in Appendix 1. A summary of the options are as follows: • Option 1: Maintain existing ISP provision. • Option 2: Establish additional ISPs by redistributing existing resource to provide some specialist education to almost all secondary schools and their primary catchments. • Option 3: Establish additional ISPs through new Scottish Government funding and the redistribution of resource to increase placement capacity, extending availability of specialist education to almost all secondary schools and their primary catchments. 5.2 The recommended option is Option 3, which will involve establishing additional ISPs to provide sufficient placements for the current and projected number of children and young people with complex or multiple ASN who require intensive-level (special) education close to their home locality. 5.3 This will require the development of eight additional ISPs over the next four-year period. Development of each ISP will require careful consideration to ensure that the proposed school will have capacity and accommodation that can be suitably adapted to meet the ASN of the children and young people placed there and that there is no detrimental impact on the wider school population. 5.4 There will require to be a Statutory Consultation undertaken for each new ISP (see Section 6 below) as developing a new permanent ISP constitutes establishment of a new stage of education within schools which do not
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currently have an ISP. This is a relevant proposal under the Schools (Consultation) (Scotland) Act 2010 requiring a statutory consultation to be undertaken. 5.5 Phase 1 of Option 3 will be completed in academic year 2025/26. It is proposed a Statutory Consultation is completed on a proposal to permanently establish new ISPs by January 2026 in two secondary schools, Perth High School and Kinross High School. At the same time, further assessment of the school estate will be undertaken to identify a suitable school to accommodate an ISP in a primary school within the catchment area of Perth Academy. It is proposed that the outcome of that assessment is brought forward to the Learning and Families Committee on 2 April 2025 with a request to undertake a Statutory Consultation on this option. 5.6 Phase 2 of Option 3 will involve assessment of the school estate to consider options to incorporate a new ISP in the Community School of Auchterarder secondary school and also an ISP in one of its catchment primary schools; and in St Johns (RC) Academy and also an ISP in one of its catchment primary schools. 5.7 Phase 3 of Option 3 will involve developing a new ISP for primary aged children in the Kinross High School catchment area. 6. Statutory Consultation Process 6.1 The Education (Additional Support for Learning) (Scotland) Act 2004 places duties on Education Authorities to provide additional support to enable children and young people to benefit from their education. Education Authorities have a statutory duty in terms of the Education (Scotland) Act 1980 to make adequate and efficient provision for school education across their area. This duty applies in respect of both the current school population and anticipated pattern of demand. In addition, Councils have a statutory duty to secure best value in terms of the Local Government in Scotland Act 2003. 6.2 If Option 3 is agreed, the proposal to establish ISPs at Perth High School and Kinross High School will be progressed through formal consultation of the appropriate bodies and persons on the terms of the proposal paper for each school, all in terms of the Schools (Consultation) (Scotland) Act 2010. Authors Name Designation Contact Details Fiona Mackay Service Manager, Inclusion FBSCommittee@pkc.gov.uk 01738 475000 Sarah Stephen Quality Improvement Officer, Inclusion
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Approved Name Designation Date David Macluskey Strategic Lead – Education and Learning 20 January 2025
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Annex 1. Implications, Assessments, Consultation and Communication Strategic Implications Yes/None Community Plan/Single Outcome Agreement Yes Corporate Plan Yes Resource Implications Financial Yes Workforce Yes Asset Management (land, property, IST) No Assessments Equality Impact Assessment Yes Strategic Environmental Assessment No Sustainability (community, economic, environmental) Yes Legal and Governance Yes Risk No Consultation Internal Yes External Yes Communication Communications Plan Yes 1. Strategic Implications Community Plan/Single Outcome Agreement 1.1 This section sets out how the proposals relate to the delivery of the Perth and Kinross Community Plan/Single Outcome Agreement in terms of the following priorities: (i) Giving every child the best start in life; (ii) Developing educated, responsible and informed citizens; (iii) Promoting a prosperous, inclusive and sustainable economy; (iv) Supporting people to lead independent, healthy and active lives; and (v) Creating a safe and sustainable place for future generations. This report relates to Objective No. (ii). Corporate Plan 1.2 This section sets out how the proposals relate to the achievement of the Council’s Corporate Plan Objectives: (i) Giving every child the best start in life; (ii) Developing educated, responsible and informed citizens; (iii) Promoting a prosperous, inclusive and sustainable economy; (iv) Supporting people to lead independent, healthy and active lives; and (v) Creating a safe and sustainable place for future generations. This report relates to Objective No. (ii).
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1.3 The report also links to the Education and Learning; and the Children, Families and Justice Services Vision, Values and Priorities in respect of the following key Priority area: • Learning and Achievement 2. Resource Implications Financial 2.1.1 The revenue cost of the current scope, of the overall project, has been estimated at £98,658. 2.1.2 The revenue costs associated with the implementation of the recommended option primarily relates to staffing and are set out in Appendix 1. Teaching costs will be met from within the current Education and Learning budgets. Additional support staff costs will be funded from Scottish Government funding for ASN. It is anticipated that the roll out of Phase 1 and Phase 2 of the recommended option will reduce the need for independent school placements, and it is proposed that this reduction will fund the staffing required for Phase 3. 2.1.3 Capital construction work will be required to support the development of the proposed ISP environments and will require budget funds to support the adaptations to create appropriate learning environments. Detailed costings to support completion of the work required in Phase 1 are being developed and will be reported to a future Learning and Families Committee prior to being formally asked to make any final decisions following the statutory consultation. 2.1.4 Any resource implications arising from the statutory consultation are likely to relate primarily to staff time and will therefore be contained within the Education and Learning revenue budget. 2.1.5 The Strategic Lead – Finance and Business Support has been consulted on the proposals within the report. Workforce 2.2 As a result of this report, there will be workforce implications in terms of resourcing any statutory consultation for several teams across Council services which include Business Support, Finance, Property, Human Resources and Legal Services. As part of the statutory consultation, there is a requirement to consult with staff affected by the proposal. Asset Management (land, property, IT) 2.3 N/A.
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3. Assessments Equality Impact Assessment 3.1 Under the Equality Act 2010, the Council is required to eliminate discrimination, advance equality of opportunity, and foster good relations between equality groups. Carrying out Equality Impact Assessments for plans and policies allows the Council to demonstrate that it is meeting these duties. 3.1.1 The proposals have been considered under the Corporate Equalities Impact Assessment process (EqIA) with the following outcome: • Assessed as relevant and actions taken to reduce or remove the following negative impacts: • An Equality and Fairness Impact Assessment and United Nations Convention on the Rights of the Child (UNCRC) Assessment will be undertaken as part of the statutory consultation process. Strategic Environmental Assessment 3.2 The Environmental Assessment (Scotland) Act 2005 places a duty on the Council to identify and assess the environmental consequences of its proposals. 3.2.1 The proposals have been considered under the Act: however, no further action is required as it does not qualify as a PPS as defined by the Act and is therefore exempt. Sustainability 3.3 Under the provisions of the Local Government in Scotland Act 2003, the Council has to discharge its duties in a way which contributes to the achievement of sustainable development. Under the Climate Change (Scotland) Act 2009 the Council also has a duty relating to climate change and, in exercising its functions must act: • In the way best calculated to delivery of the Act’s emissions reduction targets. • In the way best calculated to deliver any statutory adaption programmes. • In a way that it considers most sustainable. 3.3.1 This report seeks to reduce emissions by establishing ISPs in the local communities of children and young people allocated a placement, which will reduce the number of miles they require to be transported to and from school. Legal and Governance 3.4.1 Councils, as Education Authorities, have a statutory duty under the Education (Scotland) Act 1980 to make adequate and efficient provision of school education across their entire area for the current school population and future
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pattern of demand. The Education (Additional Support for Learning) (Scotland) Act 2004 places duties on Education Authorities to provide additional support to enable children and young people to benefit from their education. 3.4.2 Establishing a new permanent ISP would be considered to be a new stage of education within a school. This requires a statutory consultation in accordance with the Schools (Consultation) (Scotland) Act 2010 which sets out a comprehensive framework for this consultation process. The consultation exercises required will be undertaken in accordance with the 2010 Act. 3.4.3 Legal Services has been fully consulted in relation to this report and the proposed consultation exercise. 3.5 Not applicable. Risk 3.6 Risks associated with delivery of this workstream of the ASN Transformation Programme are included and monitored in the programme’s risk profile. 4. Consultation Internal 4.1 The Strategic Leads for Legal and Governance, Finance and Business Support, and Services for Children, Families and Justice and key officers in Legal, Business Support, Property Services and Finance have been consulted in the preparation of this report. Headteachers, directly related to Option 3, have also been consulted. 4.2 School staff will be involved in the statutory consultations undertaken. External 4.3 The statutory consultation exercise to be undertaken in respect of this proposal will consult with all statutory stakeholders. 4.4 Informal consultation with stakeholders has already been undertaken through ASN Transformation Programme exercises. 5. Communication 5.1 A communications plan will be prepared and implemented to support each statutory consultation exercise.
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2. Background Papers 2.1 No background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973 (and not containing confidential or exempt information) were relied on to a material extent in preparing the above report. 3. Appendices 3.1 Appendix 1 - Development of Intensive Support Provisions - Options Appraisal