Introduction
In this case study we learn how a local authority can take a whole system approach to improving SEND provision, through a scrutiny review and parallel cabinet review.
We are sharing it as it shows how initiatives can be introduced to deepen understanding of peoples’ experiences, and build a better informed, more current knowledge of SEND across the council.
Whilst there are early signs of practical outcomes for Children and Young People with SEND and improved mechanisms for engagement, there is also evidence of impact in the council itself. This work has sparked an appetite for more in-depth scrutiny work, including deep dives and Scrutiny in a Day sessions, helping Members to support the public based on the lived experience of residents.
Background and Context
By Andrea Thwaite – Scrutiny and Civic Manager
The Council’s percentage of Education, Heath Care Plans produced within the nationally agreed 20 weeks timeframe had fallen behind where it needed to be and from the performance indicators available to scrutiny this was not immediately obvious. At the same time a group of parents formed Cheshire West SEND Accountability Group to do their bit to help raise profile around the challenges they were facing with SEND provision and help drive improvements. The parent’s group quickly became active—organising petitions, holding protests outside the council offices, and getting the issue into the public eye.
A motion was subsequently presented to Full Council on 16 May 2024, relating to the borough becoming inclusive and SEND Friendly and Council agreed that following the completion of the Council’s draft SEND Action Plan, a scrutiny task group would scrutinise and influence the final version of this.
Scrutiny Members also agreed to widen the scrutiny scope to include how the Council communicated and supported families with SEND children and young people; how it worked collaboratively with families and partners and to review how the Council’s SEND Strategy Action Plan reflected the Office for Standards in Education, Children’s Services and Skills Framework. Members were also keen to understand the journey families needed to take to navigate the Education, Health Care System and how their children’s needs were considered.
Right from the start the Scrutiny Task Group acknowledged the immense pressures which the Council’s SEND Team and its resources were under. The Task Group were clear that they valued the role the team undertook and the scrutiny exercise focused on system working throughout all sections within the borough including health, third sector, schools, families and the Council. It wasn’t about criticising the work of certain teams or individuals.
Special Education Needs is highly emotive topic and this was evident from the start. Scrutiny members were keen to approach their work thoroughly but sensitively. One of the initial exercises the Task Group undertook was it had several meetings with the Head of Education to understand the topic, issues, challenges and the national landscape. Throughout the review, the Head of Education was fully engaged and supported Scrutiny Members with providing data, information, evidence, legislation and suggested witnesses. Without this valuable support, the Scrutiny Review could not have progressed at pace.
Another priority was to learn how families and children navigate through the Education Health Care system, what barriers and challenges they faced when getting support for their children and what ideas they had to help drive improvements. To ensure they received a balance understanding, Scrutiny Members then focused on hearing from the professionals (Council Education Managers, Schools, Health Colleagues and Third Sector providers).
The scrutiny committee spent six months gathering evidence, exploring best practice and undertaking research, making sure to hear directly from those with an invested interest. Two “Scrutiny in a Day” exercises were held where Scrutiny Members spent entire days talking and listening to witnesses. Schools shared stories on how they were being creative within their limited resources to support and teach children with SEND. Members also spoke to representatives from the Parents Carers Forum regarding their involvement in the process
Throughout the review, Scrutiny Members learnt that delays and quality issues with Education, Health and Care Plans (EHCPs) was a key problem for parents and education providers. These issues meant that some children and young people in the borough weren’t receiving the right support or education. Statutory deadlines of 20 weeks were being missed, there was a shortage of educational psychologists, and schools often lacked the resources which then impacted on the quality and timeliness of EHCPs. The Task Group heard many distressing stories from parents about the impact all these issues were having on their families; some children were out of school, being home-educated, or struggling with mental health, especially after the pandemic.
The Task Group noted that there were significant challenges, pressures and delays being faced around the national SEND agenda. Nationally the number of children and young people with additional educational needs has risen significantly in recent years.
During the review, Members’ attention was brought to the research undertaken by the Local Government Association and the County Council’s Network – July 2024 “Towards an effective and financially sustainable approach to SEND in England” which highlighted national challenges and issues, which are also being faced by families in this borough
The Council had acknowledged the issues being experienced by local families, and while scrutiny ran its review, the Cabinet also launched its own, meaning both processes were running in parallel. This created some challenges, but also opportunities where Cabinet and Scrutiny shared some intelligence so some quick wins could happen, resulting in some problems being fixed immediately rather than waiting until the end of the review.
Throughout the scrutiny review and fact finding sessions, it was important for scrutiny to remain focused on its outcome and delivering improvements for families but also to remain realistic on what could be achieved and delivered within the resources available and the growing increase in demand. This was particularly important when developing the recommendations.
Challenges
One of the biggest challenges was having so much evidence. Every conversation opened up another issue and another line of enquiry! It could have been very easy for scrutiny to lose direction and focus. Scrutiny Members had to be disciplined, phasing the review so they could stay focused and achieved their desired outcomes.
Another challenge was to remain balanced and create recommendations which were achievable, deliverable and realistic. Every child deserves the best start in life and the same opportunities and every parent understandably wants the best for their child. But, unfortunately with increasing demands and pressures on resources, it wasn’t possible to provide all the things parents wanted. Despite the evidence and parent’s wishes, Scrutiny had to remain realistic – there’s only so much that can be done with the resources available. Also, the Scrutiny Members needed to be mindful of the national agenda around developing real and genuine inclusion in mainstream schools for more pupils with SEND. Scrutiny couldn’t make recommendations which went against this.
As Cabinet’s and Scrutiny’s SEND reviews were running in parallel, there were moments when it felt like “them and us” but Cabinet agreed with scrutiny’s findings and points of view and all 45 recommendations were approved.
Opportunties
By the end of the review, Scrutiny Members felt far more knowledgeable and informed about the challenges around the national and local SEND agenda, to the point where many described themselves as having become “experts” in the topic!!!. Because SEND is a major part of the Council’s overall budget, this deeper understanding has become invaluable, especially when discussions about budgets and finances challenges take place.
The Scrutiny Task Group was made up of nine cross party Members – more than we’d ever had before – which showed how much common interest and commitment there was in getting to grips with the issues. Party politics were put aside for this review, despite it being a locally politically contentious issue!
Undertaking such an important and emotive deep drive scrutiny review has now sparked a greater appetite for more in-depth scrutiny work. This approach will be undertaken throughout this new municipal year including a review of access to children and young people mental health services.
And finally, another important opportunity which rose as a result of the review was the shift towards a greater shared understanding of responsibilities and system working. At the start, many believed the problems rested entirely with the Council, but scrutiny soon learnt about system and collaborative working where colleagues from health, schools, and the third sector organisations all have roles to play in developing and delivering Education, Health and Care Plans. This realisation has enabled Scrutiny Members to fully understand collaborative and partnerships across the system and create meaningful and creative recommendations.
Initiatives and Actions Taken
The main initiative was getting to the key witnesses, which scrutiny did through two “Scrutiny in a Day” exercises. These two full days sessions involved speaking to a variety of witnesses in half hour slots. Scrutiny in a Day meant dedicating a whole day to evidence gathering, with parents, head teachers, SEND Specialised teachers and third-sector organisations. The days were emotionally intense with lots of tears and very hard moments, but it gave everyone a chance to be heard and listened to, including parents and professionals. Parents also brought photographs of their children to their sessions so they could bring their stories to light and make them more personal.
Scrutiny in a day enabled parents to actually tell their story and be listened to.
Scrutiny also engaged with Cabinet and their own review by attending their SEND summit which was organised by the Leader of the Council. Although legislation states that Cabinet and Scrutiny should remain independent from each other, as both parties had the same desired outcomes, the two reviews did overlap but greatly complemented each other. This enabled many quick wins to happen and also for Cabinet to fully endorse and accept scrutiny’s recommendations.
Andrea's top tips
Ideas for how to approach scrutiny of SEND
Have a strong and clearly defined Terms of Reference so everyone knows the aim from the start. Ensure that outcomes are clear and achievable and stick to them. Don’t allow the scrutiny review to go off on a tangent – otherwise you won’t reach your conclusions in a timely manner. However, some flexibility is key to ensuring the review remains relevant and update to date.
Value parents’ experiences, but also hear from professionals like SENCOs, teachers, headteachers, and health workers. A balanced perspective is key. Be aware of national issues and agendas too.
Not every request will be possible within budgets or policy. Recommendations must be achievable and affordable.
Before each Scrutiny in a Day, Scrutiny Members were reminded they would hear very emotional stories, but must avoid giving false hope.
When carrying out a review, make sure scrutiny’s recommendations strike a balance between parents hopes and what is affordable and achievable. Some should be strategic and long-term, others high-level, and some address immediate operational issues that stakeholders like parents are raising. Quick wins are important, but so is having a longer-term vision.
Work closely with Cabinet or other decision-making bodies. In Cheshire West’s case, Cabinet accepted all our recommendations and subsequently created an overarching action plan that incorporated Scrutiny’s input.
Many in the SEND team had been under enormous and intense pressure and stress. Scrutiny needed to recognise any system-wide issues rather than focus on operational matters or individuals.
Focus on the evidence, the issues, and the recommendations in a logical, structured way. Set a tight scope and terms of reference, allow flexibility for new findings, but don’t get sidetracked by tangents. Finish the review efficiently.
Scrutiny should track progress, monitor performance indicators like the number of EHCPs completed within the statutory deadline, and provide updates at regular intervals. This keeps the review on track and demonstrates to stakeholders, especially parents, that their voices are heard and acted upon.
Lessons learned
For me, Scrutiny should have recognised there was an issue developing in the SEND service before it reached a critical stage. Scrutiny is going to review the way it monitors the Council’s performance indicators to prevent other situations arising and reduces the need for parents to feel they have no other option but to organise a focus group and petition outside the Council.
Cheshire West’s collaboration with Cabinet and scrutiny worked well. There were some tensions, but overall both Cabinet and Scrutiny shared the same goals and desired outcomes. We were able to work together effectively, and their recommendations and ours were combined into one single, unified action plan.
Another lesson scrutiny learned was about reporting. Previously, Scrutiny Officers would write pages and pages of scrutiny reports, which people didn’t read. Now scrutiny reports are more outcome focused, succinct and themed. Scrutiny tells the story in a very concise and condensed format. For each theme, scrutiny reports now say:
- This is what scrutiny found/evidence
- This is scrutiny’s conclusion
- This is scrutiny’s recommendation.
When undertaking a scrutiny review, it is important for scrutiny support officers to understand what is happening nationally so they can advise Scrutiny Members. This will ensure their outcomes and recommendations aren’t going against what is happening nationally!!
While listening to parents and residents is crucial, scrutiny needs to balance these perspectives with a realistic understanding of what is achievable and affordable. Maintaining that balanced view is another key lesson.
For scrutiny reviews, where new evidence and directions emerge during the review, Scrutiny Members should consider phasing the review – complete what is achievable and on the original Terms of Reference in the first phase and then for any new evidence or avenues, which were uncovered during the first phase – pick these up in the next one.
Future Directions
Cheshire West and Chester’s Overview and Scrutiny function is keen to undertake more deep dives and scrutiny in a day exercises. Both approaches are time-consuming for Members and need real commitment but the added value which comes out of the exercises can be enormous especially for big-spending service areas.
Plans are in place to delivery more meaningful scrutiny exercises rather than clogging up agendas with monitoring reports. Scrutiny’s focus will be on thematic topics which really affect residents, businesses and partners.
NOTE
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