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Council SEND inspections could continue during reorganisation

Ofsted and the Care Quality Commission say they won't make 'blanket deferrals'
4 min read
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More than 30 councils could have their SEND services inspected while undergoing local government reorganisation.

Ministers have approved more than a dozen plans for two-tier authorities to be replaced with single, unitary councils. They hope this will simplify how services work for residents and strengthen local decision making.

But Ofsted and the Care Quality Commission (CQC) announced on Friday there will be “no blanket deferral” of inspections of SEND services during the process of reorganisation, but that they will “consider how to use the flexibility within their frameworks to ensure that oversight remains proportionate during transition”.

But councils have warned this “may not only impact the success of the transition, but also not likely provide an accurate picture of SEND provision in the area given the imminent changes in geography and leadership”.

Ministers already told town halls in February that reorganisation plans should consider the potential impact on education and childrens services, including plans to reform SEND provision”, and that they do not disrupt or deprioritise” SEND.

‘Consider how to be flexible’

Ofsted and the CQC carry out area SEND partnership inspections – looking at services provided by town halls and health services – once every five years.

Monitoring inspections are completed for areas that caused significant concern within 18 months. The watchdogs also carry out further inspections every three years for areas with inconsistent experiences.

According to analysis of reorganisation plans, there are 36 councils with approved proposals that are also due a SEND inspection by 2029.

This includes Hampshire, which will be split into five separate unitary authorities, and Norfolk, which will see eight existing councils replaced with three.

In an update released on Friday, Ofsted and CQC said they would “consider how to use the flexibility available within their frameworks to ensure that oversight remains proportionate during transition.

“This may include timing inspections, assessments and related activity around key transition points.

“Where possible, Ofsted and CQC will coordinate their activity during local government reorganisation to avoid placing unnecessary pressure on local authorities during transition.”

However the update added there would be “no blanket deferral” of assessments, and that a risk assessment would be carried out on a case-by-case basis.

Inspectors would consider current service performance, including whether the LA is under intervention, data and intelligence about their services and required deadlines for the inspection.

‘Not likely to provide an accurate picture’

The County Councils Network spokesperson said reorganisation “will be one of the singularly most significant processes LAs will be undertaking over the next full years” and that inspectors should “consider the wisdom of inspecting services in authorities that are likely to cease coexist in the near future”.

“Given the extreme additional workload being placed on authorities undergoing the LGR process in the coming years, SEND inspection at this time may not only impact the success of the transition but is also not likely provide an accurate picture of SEND provision in the area given the imminent changes in geography and leadership that will be forthcoming.”

The Association for Directors of Children’s Services said the current inspection regime should be “paused until the current reforms have taken effect”.

Jo Fisher, chair of the ADCS regional improvement and inspection policy network, said the “scale and pace of reorganisation will vary significantly across the country, so if inspections are to continue, a case-by-case approach is the right one”.

An Ofsted spokesperson said: “We recognise that local authorities are navigating a significant period of change. However, while local area partnerships might be changing in structure; children, young people and their families continue to rely on their services. That’s why it is vital that we continue to hold partnerships to account through inspection.

“Our Area SEND inspections shine a light on where things are working well and help drive the change that children and young people with SEND and their families so desperately need.”

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