Advisory Committee: Report into the Education of Children with Severe Low Incidence Disabilities

Chapter 5: Relationship between Local Authorities and the Independent and Grant Aided Special Schools Sectors

Remit

1 The Committee's remit required it to consider the relationship between authorities and the independent and grant-aided sectors. It had to take into account the implications for the independent and grant-aided sectors of a) successive governments' policies of including pupils with special educational needs in mainstream education wherever possible; b) the widely held acceptance of this policy by local authorities and others; c) the preference of parents for placing their children close to home and d) the desire by authorities to make their own provision for special educational needs. In the light of these policies and trends, the Committee considered the extent to which the use of central Government funding to support grant-aided schools represented an effective use of resources.

2 The Committee drew on oral evidence from COSLA, written evidence submitted on behalf of Chief Executives of local authorities, oral and written evidence from a sample of education authorities and written evidence from the Scottish Independent Special Schools Group. In addition, it engaged an independent consultant to gather the views of the seven special schools in receipt of central Government funding. (Annex G).

Grant-Aided Schools

3 The Scottish Office (now the Scottish Executive) has funded a number of special schools since 1948 under, initially, the Residential Schools and Orphanage (Scotland) Regulations 1948 and, latterly, the Special Schools (Scotland) Grant Regulations 1990. Initially 14 schools received support. This had declined to six by 1990 as a consequence of review and closures. Currently seven schools are supported and these operate either as independent charities or as part of the wider operations of a charitable body and cater for children with a range of different types of learning difficulties. Annex H lists these schools.

4 Grant from the Scottish Executive to the seven grant aided schools is calculated on a deficit funding model and, in 1999-2000, will amount to more than £7 million. In addition, these seven schools may benefit from access to capital grant from the Scottish Executive. The Committee noted that there is no equivalent to the grant-aided special schools scheme in England, Wales and Northern Ireland.

National Centres

5 In recent years, support for grant-aided schools has taken its justification from the view that some aspects of special educational needs provision are so specialist, complex or of such low incidence that it would be unreasonable and uneconomic for each education authority to make adequate provision.

It is argued such needs can best be met on a national basis by paying grant in aid to these schools. The Scottish Executive seeks to ensure that necessary provision exists and, through the regulation of fees and grant, that it is available to education authorities at a reasonable (subsidised) cost.

6 The Committee considered the pattern of placement of pupils from across Scotland in the grant-aided schools. (Annex I provides maps of the location of and the pattern of local authority placement at the schools.)

7 With the possible exception of the Royal Blind School, which draws its residential pupils fairly evenly from 25 authorities, and to a lesser extent Donaldson's College, the grant-aided schools in general drew their school population predominantly from nearby education authorities. Even in the case of the Royal Blind School, when account is taken of day pupils, the majority of pupils are also drawn from nearby education authorities.

8 This pattern is consistent with the desire of parents and education authorities to place children as close to home as possible. It raises questions, however, as to the extent to which the grant-aided schools operate as national centres. It seems more the case that Government support enables subsidised provision which is of benefit to pupils from a relatively small number of education authorities. Education authorities which are geographically distant from the grant-aided special schools could be said to gain no benefit from the deployment of these resources. For example, according to Annex C, Table 1a.2, in both Highland and South Lanarkshire Councils, 1.1% of the school population is estimated to fall within the definition of severe low incidence disabilities. However, a very small percentage of these pupils in Highland attend grant-aided schools, compared with 9.9% of those pupils with severe low incidence disabilities from South Lanarkshire. This variation cannot be explained simply by differences in school population figures since Highland Council's 4.3% share of the national school population is not significantly less than South Lanarkshire's 6.2% share. Fife and North Lanarkshire Councils have a similar share of the national school population, 6.9% and 6.8% respectively. Fife accounts for 3.9% of pupils attending grant-aided schools while North Lanarkshire accounts for 12.2% of pupils at the schools. Half of all pupils attending the grant-aided schools are drawn from five authorities, Edinburgh, Glasgow, North and South Lanarkshire and Renfrewshire. In contrast 12 authorities, including Aberdeen City, Angus, Highland and Moray Councils, which have none or fewer than five pupils in grant-aided schools, account for only 5% of pupils at the schools.

Changing Patterns of Provision.

9 The Committee also considered the impact of changing patterns of provision on the grant-aided schools and concluded that there was a historical pattern of falling school rolls for at least some of them.

10 The Committee noted that changes in policy and trends in provision were also having an effect on education authorities' use of residential provision. For example, East Park School is moving away from its current centralised residential arrangements to develop accommodation based on smaller family sized units. Capability Scotland, which owns and manages Corseford and Stanmore Residential Schools, has undertaken a strategic review of its services which highlighted the need for a family-focused service where parents were fully involved, an approach which depends on a localised service rather than national residential provision. Most of the children at its two schools come from the neighbouring education authorities and it is actively pursuing partnership arrangements with these authorities.

11 The Committee also questions how far Government subsidy is required to ensure that independent provision emerges in response to particular needs. For example, it noted that the National Autistic Society had established a national centre for children with severe autism at its school at Daldorch in Ayrshire without the need for Government support. This facility is financed through fees and is accessible to all authorities. In addition, in recent years there has been an increase in the number of special schools in the independent sector without the need for grant from Government.

Local Authority Use of Grant-Aided Schools

12 The Committee invited general views from all local authority Chief Executives on educational provision for severe low incidence disabilities. In addition, it invited the views of a sample of education authorities specifically on their use and perception of grant-aided schools. These authorities were Edinburgh and North Lanarkshire Councils, as high users of the grant-aided sector, Dumfries and Galloway and Falkirk Councils as medium users; and Aberdeen and Highland Councils as low users.

13 Education authorities reported that grant-aided and independent schools could offer particular, holistic packages of care and education which they themselves might not be able to provide. They placed children in these schools when they found it difficult to secure therapeutic services for medical or care needs or respite care, rather than because they were unable to meet their educational needs. Problems in securing necessary support and therapy services may lead to lack of confidence in local authority provision on the part of parents who then opt for independent or grant-aided provision.

14 Some education authorities send children to grant-aided special schools for particular reasons. Some, notably Edinburgh, happen to have grant-aided schools within their borders and take the view that it does not make sense to replicate that provision. On the other hand, Aberdeen Council, which has previously placed children in the Royal Blind School and Corseford School, is developing its own visual impairment service and its own hearing impairment services. Highland Council is taking a similar approach and is convinced that there is no case to be made for residential provision for deaf pupils, unless there are additional complicating factors. North Lanarkshire, which currently makes significant use of grant-aided schools, anticipates a downward trend in its use of the schools as it seeks to develop its own provision. Dumfries and Galloway has a number of children placed at grant-aided schools and is likely to continue such placements, despite substantial transport costs and money being spent on residential provision outside its area. Like other authorities, its preference would be to cater for children in their local community if possible.

15 As a consequence of the above evidence, the Committee is of the view that current developments in education authority provision, and the move away from residential placement in particular, are likely to continue a general downward trend on the numbers of children being sent to grant-aided schools. It appreciates, however, there are some children and young people whose needs may not be met by resources available within individual authorities. Authorities may wish particularly to continue to use specialist provision for children who require a high level of health care or therapy, or to secure respite care. In addition, there are expectations on the part of parents that their right under legislation to exercise a choice of school for their children depends, to some extent, on there being some diversity of provision in the system.

Conclusion

16 The Committee carefully considered the above issues. In the light of the evidence available to it, it is of the opinion that the concentration of central government support on the 7 grant-aided special schools is not the most efficient, effective or consistent way of ensuring high quality provision for children with severe low incidence disabilities throughout Scotland. It concludes that grant aid currently paid direct to schools should be reallocated through local authorities in the light of their statutory responsibility. In reaching this conclusion, the Committee is neither passing judgement on any of the seven grant-aided schools, nor saying that these schools have no future role to play. It believes that for children with severe low incidence disabilities local authorities will continue to require the highly specialist services provided by these schools. At the same time, the Committee recognises that redirecting Government support for the educational provision of children with severe low incidence disabilities to local authorities has significant implications for these schools. It considers that schools and authorities will need time to adjust to the changed relationship and that the interests of pupils currently attending these schools should be protected from disruption.

Recommendation 15

Independent Sector

Independent special schools

17 There are 33 independent special schools in Scotland, most of which cater for the needs of children with social, emotional and behavioural difficulties. In recent years, there has been a steady reduction in the number of pupils from local authorities attending independent special schools as authorities have sought to move away from reliance on residential placements and to make their own local provision. The Scottish Independent Special Schools Group (SISSG), which represents 22 of the 33 schools, has claimed that the policy of integrated provision means that special schools in the independent sector are increasingly dealing with referrals from local authorities of the most vulnerable and damaged children.

18 In evidence to the Committee, SISSG reported that there is wide variation in the quality of interaction between independent schools and public agencies. All schools could quote examples of positive relationships with particular local authorities; at the same time other schools could express doubts about the same authority. In most cases individual schools cited the quality of relationship between workers in respective agencies and schools as being a crucial factor. There was a feeling that local authorities were reluctant to allow staff from independent schools to participate in training and development opportunities. SISSG considered that shared training opportunities would allow a freer exchange of views and expertise between the independent and local authority sectors.

19 In general, local authorities stated that their principal motivation in referring pupils to independent special schools in most cases was not educational. Some highlighted the development of integrated packages of education and care and family support which could be developed in co-operation with the independent schools and voluntary sector where these were available locally. Independent special schools may have valuable experience of providing customised packages of provision to meet health and care needs, perhaps on a 24 hour support basis, as well as educational needs.

Costs

20 In the early 1990's the voluntary agreement between SISSG and COSLA to regulate fee increases broke down and independent schools now set and publish their own fees. Independent residential special schools require to be registered with the local authority under the Social Work (Scotland) Act 1968, as amended by the Children (Scotland) Act 1995. Meeting the requirements of registration and improving the quality of residential accommodation imposes cost burdens on these schools, which has implications for their fee structure. Local authorities commonly consider that, when setting fees, the independent sector takes no account of the financial constraints within which the authorities operate. On the other hand, SISSG disputes the idea that independent schools are automatically more expensive than local authority provision.

21 The information available to the Committee on costs across local authority, grant-aided and independent sectors does not allow it to make easy comparisons. It is difficult to compare fees as all special schools are different in terms of what they provide and unit costs for schools are affected by the number of pupils on school rolls. The committee received information on fees being charged in 1999-2000 by 19 out of 32 local authorities for cross-boundary educational provision, all seven grant-aided special schools and 22 out of 33 independent special schools.

Average fees for attendance at special schools in Scotland in 1999-2000 across the sectors are set out below.

¹These figures will be underestimates since they do not include costs charged to purchasing authorities for additional provision, such as therapy services.

These average figures do not allow the Committee to draw like for like comparisons across the sectors or indeed within the sectors. What is clear is that the cost of provision for children with severe low incidence disabilities can be substantial and is not confined to education fees alone. As the examples in Annex J show, the associated costs of transport, additional support and equipment can add significantly to the cost of provision, in some cases exceeding the schools' basic unit costs for educational provision.

22 In spite of the considerable costs sometimes involved in securing appropriate provision, local authorities expressed the view to the Committee that cost was not an overriding issue in reaching decisions on placement. While they were keen to make provision within their own services and as close to home as possible, they were prepared to meet the additional costs in securing provision in neighbouring authorities or in the independent sector where necessary; the overriding factor was the needs of the child.

Accountability for Services

23 Education authorities have a duty to ensure that the education received by children placed in independent schools continues to meet their needs. This duty can cause some difficulty to authorities, especially where schools are distant. Many feel that schools in the independent sector should be subject to the same requirements as local authorities for raising standards and attaining targets.

24 The Committee noted that independent schools are accountable to their own boards of management and governing bodies and to the local authorities who place children in the schools. Those independent special schools which have residential provision and which provide personal care and support for pupils, are also required to register with their host local authority under the Social Work (Scotland) Act 1968. This requirement means that their residential provision is subject to twice-yearly inspections by the local authority's social work inspection and registration service.

25 In addition, under section 98 of the Education (Scotland) Act 1980, all independent schools are required to register with the Secretary of State through the Registrar of Independent Schools. Schools can be served with a notice of complaint, which can ultimately lead to the school being struck off the Register, if the Secretary of State is satisfied that: the school is not providing suitable and efficient education; the premises (or any part of them) are unsafe; the accommodation is unsuitable; the proprietor or any teacher at the school is not a proper person to be a proprietor or teacher at any school. Schools are subject to inspection by HM Inspectors of Schools who inspect both learning and teaching in the classrooms and the care and welfare of residential pupils. Several independent special schools are inspected every year. Inspection reports are published and a follow-up inspection is carried out within a two year period. The form of inspection is identical to that in the local authority sector.

26 Independent special schools are encouraged to be involved in national initiatives such as Higher Still, raising standards and setting targets. The Committee noted that the Scottish Executive Education Department invites staff from independent special schools to seminars to consider how they can participate in various national issues, such as setting targets. It was reported that, generally, these schools are keen to participate in national initiatives because it enhances their credibility with parents and local authorities, as funders of the provision.

27 The Committee considers that independent schools can play an important role in helping local authorities to meet their statutory responsibilities and that more could be done to develop partnership between the sectors.

Recommendations 16 and 17