Colleges directed to enrol SEND students despite inability to meet needs

AoC report finds scale of local authorities overruling college objections in particular cases

AoC report finds scale of local authorities overruling college objections in particular cases

Two thirds of colleges have been forced by local authorities to enrol SEND students even though they could not meet the young person’s needs, new data suggests.

The Children and Families Act 2014 includes a “duty to admit” young people with an education, health and care (EHC) plan.

Local authorities conduct a consultation process by which places for high needs students are commissioned. But if a college says it cannot meet a particular applicant’s needs, the local authority can still direct the college to admit the applicant under this “duty”.

A new Association of Colleges (AoC) survey, completed by 67 colleges, found that 69 per cent said they had their consultation replies of not being able to meet students’ needs overruled this year.

This happened in 10 or more cases for a quarter (25 per cent) of respondents, while two colleges reported this happened around 30 times. 

One anonymous survey participant said the practice “has been difficult and concerning.

“We have had instances of violence, putting staff and learners at risk because information was not shared.”

Another said: “These have been mainly students from special schools with a track record of significant aggressive behaviour to other students and staff. We have explained that these students may require regular physical intervention. We have advised the local authority that [we cannot safely] address the needs of these students and they simply impose the student on us.”

The data showed that 44 per cent of colleges said the “duty to admit” rule was directed by their local authorities for less than 10 applicants.

David Holloway, AoC’s senior policy manager of SEND, said: “The government has said that the direction of travel of future SEND reforms will be towards greater mainstream inclusion, however our report shows that local authorities’ financial difficulties are being passed on to colleges – creating a disincentive for colleges to embrace those students who need the most support. 

“This is why we have called for increased collaboration and strategic planning between colleges, government and local authorities to ensure that colleges can continue to provide inclusive and effective education for all students.”

Late payments

The Institute for Fiscal Studies calculated the 2024 national high needs budget currently totals nearly £11 billion.

High needs funding is split into three payments, the first of which is the 16 to 19 per student funding formula and the second (element two) is £6,000 of support. Both are paid by the ESFA. The last, element three, is additional top up funding to pay for further support costs, paid by the local authority.

Though colleges estimated an average of £3.2 million per college for high needs budgets, only 38 per cent said their local authorities consistently engaged them in strategic planning.

Almost one quarter (23 per cent) said local authorities consistently took account of the financial viability of provision, but then failed to actually cover college costs.

Once costs have been agreed, 80 per cent of colleges surveyed experienced delays in payment.

Just one-fifth (20 per cent) said that payment schedules were established before the start of the autumn term and adhered to.

Almost one-third of colleges (32 per cent) reported that there were still outstanding payments by the end of the academic year.

One college said it was carrying the high needs costs of elements two and three for up to six months before payments are made because “element two and additional element three payments are made following the end of each term”.

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