Consultation outcome

A new approach to area SEND inspections: a report on the response to the consultation

Updated 29 November 2022

Introduction

On 13 June 2022, Ofsted and the Care Quality Commission (CQC) opened a consultation on proposed changes to the way we jointly inspect local area partnerships. We also opened a children and young people’s version of the consultation. Alongside this, we published a draft inspection framework and handbook.

The purpose of the inspections will be to assess how local area partnerships work together to improve the experiences and outcomes of children and young people who have special educational needs and/or disabilities (SEND).

The consultation followed over 2 years of development work, which included engaging with key stakeholders. The consultation closed on 11 September 2022. Responses to the consultation have informed the final versions of the following documents, which we have published alongside this report:

• area SEND framework and handbook

• equalities impact assessment

Executive summary

Our proposals were received very positively by respondents. Some 90% of all respondents agreed overall with our core proposal, which was to expand the focus of inspection to include the impact that local area partnerships are having on the lives of children and young people with SEND.

Some respondents were concerned that by widening the scope of our inspections, we would concentrate less on local area partnerships’ compliance with legal duties. In our consultation document, we explained that legal responsibilities would still have an important role in the new framework, and inspectors would continue to assess how well they were being met. We remain committed to this.

However, we also stressed that, under the new framework, it would not be enough for local area partnerships to simply meet legal responsibilities. It is also important that the strategies, plans and actions of local area partnerships are making a real difference to, and improving the lives of, children and young people with SEND and their families.

Therefore, inspections under the new area SEND framework will place a strong emphasis on the impact that local area partnerships are having on the experiences of children and young people with SEND. Inspectors will continue to take account of compliance with legal duties and report accordingly. We have made changes to the framework and handbook to make clearer that there are legal duties underpinning our evaluation criteria. Where inspectors find that those duties are not being met, they will report on this and how it affects children and young people with SEND.

We will go ahead with introducing 3 distinct inspection outcomes. Many respondents supported this important proposal. We are pleased that they thought it would make the inspection outcomes clearer for all, including parents and carers and children and young people.

We have considered the concerns of respondents in the sector who believed that the inspection outcomes that we proposed appeared to be worded negatively or that they set too high a bar. It is important to note that evidence from our inspection programme shows clearly that the SEND system nationally is in need of urgent improvement. More than half of local areas inspected under the previous framework were found to have significant weaknesses and were required to produce a written statement of action (WSoA).

Nevertheless, we know that even in the local areas that have made significant improvements, there are often still some areas of weakness. This means that not all children and young people with SEND are having their needs met well.

It is important that our inspection outcomes can acknowledge the local areas that typically provide positive experiences for children and young people with SEND but are aware of any weak practice and are already actively working to address it.

We have, therefore, revised the wording in the first inspection outcome to reflect this.

We believe that this strikes the right balance between assessing a system as it currently is and our new framework acting as a catalyst for further improvement. We want to recognise those local area partnerships whose arrangements typically lead to positive experiences and outcomes for children and young people, but are also striving to make improvements in aspects that have not worked as well.

As we proposed, our new inspections will look at how local authorities commission and oversee alternative provision. There was overwhelming support for this. Some respondents, including representatives of local authorities and professional associations, noted that alternative provision is sometimes commissioned by education providers (such as schools and colleges) and is outside of local authorities’ control.

We want to stress that during area SEND full inspections, we will assess the local authority’s commissioning and oversight of alternative provision. Education providers’ use of alternative provision is already subject to separate institutional inspection arrangements under the education inspection framework.

Some respondents, including the Association of Directors of Children’s Services and the Local Government Association (LGA), were concerned about us introducing a new framework at this time. This was because the SEND review reforms, as set out in the SEND and alternative provision green paper, are yet to be agreed.

As we set out in our consultation document, the proposed reforms will take time to introduce and implement. The time frame for this is unclear at present. Our new framework is designed to align with the direction of future reforms, but also to allow us to promote much-needed improvement in the SEND system as it is now.

We believe that waiting for reforms to be introduced would risk creating an unacceptable accountability gap in a system that needs to improve urgently. The need for greater accountability was consistently highlighted as an urgent concern, particularly by parents and carers who responded to the consultation.

Next steps

We will introduce a continuous cycle of area SEND inspections in early 2023.

The inspection arrangements, outcomes and methodology are set out in the area SEND framework and handbook, which we have published alongside this consultation report. These are now finalised and will be used for area SEND inspections from early 2023 onwards.

The consultation exercise

The consultation ran from 13 June 2022 to 11 September 2022. It was open to the public, and was promoted widely through the media and our website and social media channels.

We used a range of methods to get the views of stakeholders and other interested parties. These included:

• a separate consultation designed for children and young people with SEND; we have published a separate report on this

• discussions with, and presentations to, key stakeholder groups representing the sector, including professional bodies and charities

• webinars aimed at practitioners from the education, health and social care sectors

• a pre-recorded webinar for parents and carers, which explained the framework changes and their rationale and could be accessed at any time convenient to them

• a series of online focus groups, including for parents and carers, and education, health and social care representatives

• 12 focus groups with children and young people who had different types of SEND; these were face-to-face meetings that took place in education settings, including in alternative provision

During June and July 2022, we hosted 2 webinars to raise awareness about the consultation and our proposed new area SEND framework. Nearly 500 people registered for the webinars, in response to the invitation on the consultation page. Well over 200 attended and all those who registered were sent recordings of the sessions. Most of the attendees were from the education, health and social care sectors. During the webinars, attendees could raise questions about our proposals and give their views.

Through these 2 webinars, and through the pre-recorded webinar for parents and carers, we asked if people would be interested in joining our online focus groups. We intended these groups to explore in detail some of the questions and issues people had raised, and give further opportunities for participants to share their views. Over 70 people expressed interest in taking part.

As a result of this, between the 24 August and 8 September, we ran 4 online focus groups, one each for:

• education professionals

• health professionals

• social care professionals

• parents and carers of children and young people with SEND

Further, as part of our development of the new framework, we visited 4 local areas to test aspects of the proposed inspection methodology and carried out 4 full pilot inspections in which the full process and methodology were followed. All of these activities informed the final version of the framework and handbook.

We consulted on a range of proposals for changes to the area SEND framework and handbook, and inspection methodology:

• focusing more on the impact that the local area partnership is having on the lives of children and young people with SEND

• the criteria for evaluating the impact of the local area partnership

• introducing 3 distinct inspection outcomes

• making recommendations in reports

• local area partnerships updating and publishing their strategic plans following an inspection

• gathering more evidence directly from children and young people and their families

• considering how local authorities commission and oversee alternative provision

• introducing monitoring inspections

• introducing engagement meetings

In addition to these proposals, we also asked respondents to tell us:

• how we could make our surveys of children and young people with SEND more accessible

• whether they had any additional comments about the proposed framework and handbook, which we published in draft form alongside the consultation

We received many helpful comments in response to both questions. We have considered all of them carefully. As suggested by many respondents, we have taken steps to make our children and young people’s survey available in a range of formats. In doing so, we paid particular attention to the views and wishes of the children and young people who we engaged with directly. Comments we received about the framework and handbook document have helped us make it clearer.

This report presents the findings of the public consultation, but also draws on the feedback we received through our wider engagement. We are grateful to all who took the time to share their views with us, particularly the children and young people with SEND who took part in our focus groups, and the staff who supported this important work.

Summary of responses

We recorded an unusually high number of responses that were not fully submitted. This means that respondents recorded answers and comments to at least some of the questions but did not press ‘submit’ at the end of the online questionnaire.

Because of the relatively large number of not fully submitted responses, we have carried out analyses of the fully submitted responses and of the responses that were not fully submitted. Both analyses showed almost identical levels of support for each proposal. We have included responses that were not fully submitted in our consultation response because:

• we think it is likely these respondents intended to submit their responses

• the respondents made comments that were highly relevant to the proposals under discussion

On balance, for the reasons set out above, we did not feel that we could overlook such a considerable number of responses.

The charts provided in the ‘findings in full’ section are based on the combined data from all responses. In addition, we have considered fully all of the comments submitted.

However, to ensure transparency, we have added an annex of analysis charts that show the fully submitted responses and the combined responses. For each proposal, we have provided a breakdown of fully submitted responses and a breakdown of the combined responses. In this way, readers of this report can see the full picture.

Overall, 1,094 people responded to the consultation. There were 536 full responses and 558 partial responses. We also recorded nearly 3,000 separate comments about our proposals, all of which we have fully considered.

Not everyone who took part in the consultation responded to all of the questions or submitted comments. So, the number of respondents overall was greater than the number who responded to each individual consultation question.

Our proposals were received very positively by respondents to the main consultation. Overall agreement with each proposal ranged from just under 75% to over 90%.

We provide a full analysis of the main consultation findings below.

We have also published a separate report on the outcomes of the children and young people’s consultation.

Findings in full

We have carried out quantitative and qualitative analyses of all consultation responses.

The consultation included 8 questions that asked respondents how far they agreed or disagreed with a proposal.

The proposal on the criteria we intended to use to evaluate impact was set out in 5 separate questions. Each of these gave a statement and asked respondents how far they agreed or disagreed with it. In addition to this, we provided a free-text box after each proposal, so that respondents could leave a comment.

Respondents

The following chart shows a breakdown of what type of stakeholder the respondents to our consultation were.

Respondent type (%) based on combined fully submitted and not fully submitted responses

Figure 1: Respondent type

Respondent type	Number, combined
Charity	43
Education professional	164
Health professional	46
Local area professional	96
Local authority	38
Parent/carer	554
Professional organisation	34
Social care professional	7
Prefer not to say	37
Other (please specify):	24
No reply	51
Totals	1094

Proposal 1: focusing more on impact

We proposed that, from early 2023, inspections will focus more on the impact that the local area partnership is having on the lives of children and young people with SEND.

Question 1: To what extent do you agree or disagree that our inspections should focus more on the impact that the local area partnership is having on the lives of children and young people with SEND?

Figure 2: Responses to question 1

Response	Percentage
Strongly agree	62%
Agree	28%
Neither agree nor disagree	5%
Disagree	2%
Strongly disagree	1%
Don’t know	2%
Totals	100%

There was very strong support for this proposal from all groups of respondents.

However, some respondents, mainly parents and carers and some from the charity sector, thought that our inspections should continue to check compliance with legal duties.

Others welcomed the explanation in the consultation document that compliance would continue to be a focus of inspection, but that it was not enough for local area partners to simply meet legal obligations.

Inspectors will continue to take account of compliance with legal duties and report accordingly. We have also made changes to our framework and handbook to make this clearer.

Different groups of respondents also raised questions about the role of schools in the SEND system, and how we would take this into account. It is important to note that, under the area SEND framework, we are carrying out system-level inspections. Individual education providers are subject to separate inspection arrangements under the education inspection framework.

However, inspectors will gather evidence about the role education providers are playing in the local area partnership, including any concerns about the inclusion of children and young people with SEND. They will carry out sampling visits to education providers and have access to relevant information from inspections of education providers.

What we will do in response to the consultation findings for question 1

In view of the strong support for our proposal, from early 2023 onwards, our area SEND inspections will place more focus on the impact that the local area partnership’s arrangements are having on the lives of children and young people with SEND.

Proposal 2: criteria for evaluating impact

We proposed to evaluate the impact of the local area partnership’s SEND arrangements on children and young people’s lives, based on a set of core criteria.

Question 2: To what extent do you agree or disagree with the following core criteria for assessing impact?

We asked respondents whether they agreed or disagreed with each of our 5 core criteria as set out below:

Figure 3: Children and young people’s needs are identified accurately and assessed in a timely and effective way

Response	Percentage
Strongly agree	60%
Agree	15%
Neither agree nor disagree	2%
Disagree	7%
Strongly disagree	14%
Don’t know	0%
Totals	100%

Figure 4: Children, young people and their families participate in decision-making about their individual plans and support

Response	Percentage
Strongly agree	62%
Agree	19%
Neither agree nor disagree	4%
Disagree	7%
Strongly disagree	8%
Don’t know	1%
Totals	100%

Figure 5: Children and young people receive the right help at the right time

Response	Percentage
Strongly agree	66%
Agree	10%
Neither agree nor disagree	2%
Disagree	6%
Strongly disagree	16%
Don’t know	0%
Totals	100%

Figure 6: Children and young people are well prepared for their next steps and achieve strong outcomes

Response	Percentage
Strongly agree	62%
Agree	12%
Neither agree nor disagree	6%
Disagree	8%
Strongly disagree	12%
Don’t know	0%
Totals	100%

Figure 7: Children and young people are valued, visible and included in their communities

Response	Percentage
Strongly agree	62%
Agree	13%
Neither agree nor disagree	6%
Disagree	6%
Strongly disagree	12%
Don’t know	1%
Totals	100%

There was strong support across all 5 core criteria for assessing the impact of local area partnerships’ arrangements on the lives of children and young people. Some parents and carers thought that the criteria would capture the ‘lived experience’ of children and young people with SEND and improve accountability in local area partnerships.

Others recognised that the criteria were in line with the requirements of the Children and Families Act 2014 and the ‘SEND code of practice’. There were also those who agreed with the criteria, but wanted to know more about how inspectors would make their evaluations. In particular, some practitioners wanted to be certain that the criteria would be applied in a balanced way, to make sure that inspectors would consider the views of children and young people, and their families, as well as those of the professionals and practitioners who work with them.

As a result of the feedback, we have made changes to the framework and handbook to:

• make clearer how inspectors will evaluate outcomes for children and young people, including how they will take account of the local area partnership’s own evaluations
• make clearer how our framework criteria align with the ‘SEND code of practice’
• emphasise further the importance of co-production and how this involves practitioners’ contributions

What we will do in response to the consultation findings for question 2

Many respondents supported this proposal. Therefore, during area SEND inspections from early 2023 onwards, inspectors will assess the impact of local area partnerships on the lives of children and young people by using the core criteria set out in the final framework and handbook.

Proposal 3: inspection outcomes

We proposed to make inspection reports clearer by introducing 3 distinct inspection outcomes.

Question 3: To what extent do you agree or disagree with our proposed approach to introducing 3 distinct inspection outcomes?

Figure 8: Responses to question 3

Response	Percentage
Strongly agree	33%
Agree	40%
Neither agree nor disagree	15%
Disagree	6%
Strongly disagree	2%
Don’t know	2%
Totals	100%

There was strong support for our proposal to introduce 3 distinct inspection outcomes. Many respondents thought this was a sensible approach that would make the outcomes clearer for all, including children and young people and their families, and local area partnerships.

However, there were some concerns, mainly from local authority representatives and some professional associations. In general, these were that:

• the outcomes were worded negatively
• the first outcome set the bar too high
• the wording of the second outcome made it too broad, creating a risk that too many local areas would fall within this outcome
• a narrative judgement which draws out strengths, challenges and weaknesses was more appropriate, given the complexity of the SEND system

In response to this feedback, we have revised the outcome criteria in the framework and handbook so that the first outcome will now apply to the local area partnerships that may still have some improvements to make, but are fully aware of them and are already taking action to address them.

We believe that this new framing provides appropriate differentiation between the 3 outcomes and strikes the right balance. This is based on what we know about the SEND system, including through the evidence we have gathered during area SEND inspections and our recent pilot inspections where we tested our methodology.

It is important to note that, as we set out in our response to the feedback to proposal 4 below, our reports will still capture the strengths and weaknesses in local area partnership working. Given the urgent need for improvements in the SEND system, we believe that having 3 distinct overarching inspection outcomes will make inspection findings more transparent and clear for all involved, including local area partners and children and young people and their families.

What we will do in response to the consultation findings for question 3

From early 2023, area SEND inspections will result in 1 of 3 distinct outcomes, as set out in the final framework and handbook. Our reports will set out what the local area partnership is doing well and what it needs to improve.

Proposal 4: making recommendations in reports

We proposed that we would make clear recommendations on which weaknesses or systemic issues the local area partnership needs to address when reporting on an area SEND inspection,

Question 4: Do you agree or disagree that inspection reports should include clear recommendations on which weaknesses or systemic issues the local area partnership needs to address?

Figure 9: Responses to question 4

Response	Percentage
Strongly agree	68%
Agree	24%
Neither agree nor disagree	4%
Disagree	1%
Strongly disagree	1%
Don’t know	1%
Totals	100%

There was an overwhelmingly positive response, from all groups of respondents, to the introduction of clear recommendations in area SEND inspection reports. Over 90% of all respondents agreed overall.

Many respondents commented that this would mean that local area partnerships would become more transparent in, and accountable for, their work. Some local authority representatives thought it would provide clarity for local partnerships and lead to improvement. They also noted that positive aspects should be captured in reports, so that good practice could be disseminated.

Some respondents also had views on how we could make our recommendations more helpful, for example by making them outcome- and time-focused, and specific about who in the partnership is responsible for taking them forward.

There were also some respondents who believed this was not a significant change, because recommendations were already set out in local areas’ WSoAs, required in some cases under the first area SEND framework.

What we will do in response to the consultation findings for question 4

Under the new area SEND framework, we will include clear recommendations in all our inspection reports. These recommendations will be different to those included in current WSoAs, which were only required by His Majesty’s Chief Inspector for those areas that had significant weaknesses. In line with our approach to the inspection outcomes and the framework aims, we believe that all local area partnerships will benefit from a set of clearly focused recommendations, in keeping with a culture of continuous improvement.

We will make sure that our inspection reports capture weaknesses but also areas where there is strong practice, so that this can be disseminated. Where relevant and depending on the matters to be addressed, our recommendations will make clear which part of, or partner(s) in, the partnership will be primarily responsible for making the improvement(s).

Proposal 5: updating and publishing strategic plans following an inspection

We proposed that all local area partnerships should update and publish their strategic plan for SEND following an inspection.

Question 5: To what extent do you agree or disagree that, following inspection, each local area partnership should update and publish its strategic plan for SEND?

Figure 10: Responses to question 5

Response	Percentage
Strongly agree	65%
Agree	27%
Neither agree nor disagree	5%
Disagree	2%
Strongly disagree	0%
Don’t know	0%
Totals	100%

The overwhelming majority of respondents agreed that local area partnerships should update and publish their strategic plans following an inspection. Most commonly, respondents thought that this would make local area partnerships more transparent and accountable for the work they do.

Views differed about what the time frame should be for publishing a plan. Some thought it should be short. Others thought the local area partnership should have more time, so they could co-produce the update. The latter view chimed with those, mainly parents and carers but also local authority representatives, who were keen for the views of children, young people, parents and carers to be taken into account when updating the plan.

Some respondents noted that published plans needed to be accessible. They wanted local area partnerships to make the plans jargon-free and available in different formats, such as easy-read versions.

A few respondents from the sector wanted to know more about our expectations for their strategic plans, such as how these would need to relate to the inclusion plans proposed in the government’s SEND review. Presently, the time frame for the introduction of the SEND review reforms is unclear, as is the detail around the proposed inclusion plans.

What we will do in response to the consultation findings for question 5

From early 2023 onwards, when we have carried out an area SEND inspection, we will ask each local area partnership to update and publish their strategic plan in the light of the inspection findings within 30 working days of the publication of the inspection report. We would encourage local area partnerships to involve children and young people, and parents and carers, in the process.

The final framework and handbook includes more information about our expectations and makes it clear that Ofsted and the CQC will not require a bespoke plan. Wherever possible, it is anticipated that local area partnerships would update their existing improvement plans, which in future may include an inclusion plan, rather than produce something new.

Proposal 6: gathering more evidence directly from children and young people, and their families

To ensure that the views and experiences of children and young people have a central role in our inspection practice we proposed that we would gather more evidence directly from them and their families.

Question 6: To what extent do you agree or disagree with our proposal to gather more evidence directly from children and young people with SEND and their families?

Figure 11: Responses to question 6

Response	Percentage
Strongly agree	71%
Agree	22%
Neither agree nor disagree	5%
Disagree	1%
Strongly disagree	0%
Don’t know	1%
Totals	100%

All groups of respondents supported this proposal and the intention behind it; hardly anyone disagreed with it overall.

Respondents were pleased that we will be giving more prominence to the views of children and young people with SEND and their families in the inspection process. Many stressed how important it was for children and young people with complex needs, such as those who are non-verbal, to be able to participate. They wanted us to offer different resources for and methods of participation, to make sure this was possible.

We engaged directly with children and young people with SEND at the initial stage of development of the survey. We also held 12 focus groups in education settings catering for a range of SEND. This was a great opportunity to find out whether we were asking the questions that were most relevant to children and young people, and to explore ways that we could make the survey accessible and easy to complete.

The children and young people in our focus groups were very engaging and forthcoming with their views. We took away many valuable lessons as a result. While generally our survey questions were asking about the right things, the focus groups helped us understand how we could make some of the language clearer. They also told us that they would like our survey materials to be available in a range of formats, so that as many of their peers as possible could take part.

Some respondents were concerned about how representative the group of children and young people involved in the case-tracking exercise would be. Also, some parents and carers wanted us to make sure that the sample was not selected by the local area partnership.

First, it is important to stress that it is the inspection team that will select children and young people for the case-tracking exercise. The team will arrive at this drawing on the full list of children and young people with SEND in the local area. The selection will take account of the demographics of the area and the range of needs. So, for example, inspectors will aim to always include at least 1 child or young person from each of the 4 areas of SEND, as set out in the ‘SEND code of practice’.

Second, this in-depth scrutiny of cases is only the starting point for the inspectors’ on-site evidence-gathering activities. It is designed to enhance inspectors’ understanding of the difference that the local area partnership is making to the lives and experiences of a selection of children and young people with SEND, and their families. It will also help inspectors to develop appropriate lines of enquiry at the start of the inspection, so they can follow these through during their on-site activities, which will include:

• sampling cases when they visit providers

• having discussions with children and young people with SEND, parents and carers, and practitioners

• scrutinising evidence provided by the local area partnership

• focused sampling of the partnership’s decision-making processes, including in relation to vulnerable cohorts of children and young people with SEND

This evidence will be cross-referenced with:

• inspectors’ scrutiny of a range of data (as set out in Annex A of the area SEND framework and handbook )

• inspectors’ own observations

• the outcomes of our surveys of children and young people, their families and the practitioners and professionals who work with them

• the partnership’s own evaluations of its impact

Some respondents from local authorities were concerned that the 6-day time frame for carrying out surveys of children and young people, and of parents and carers, was too short. They thought this could make it difficult for everyone to participate fully, especially those with complex needs.

What we will do in response to the consultation findings for question 6

We will introduce a survey of children and young people with SEND and a survey of parents and carers, alongside the survey of practitioners, in all area SEND inspections from early 2023 onwards. We will explore if it is possible to extend the 6-day time frame for carrying out surveys.

To better understand how we could tailor the surveys to each audience, we also held focus groups with parents and carers, and practitioners.

Based on this feedback:

• we have included a selection of multimedia content in the survey to increase their accessibility
• each survey will include an information video at the beginning which details the purpose of the survey and what the respondent can expect to be asked about
• we will tailor the language used in the information videos to the audience, and will include text subtitles and a voice-over
• for each of our surveys, we have included digital audio files so that there is a read-aloud option for the questions
• as well as the read-aloud option, the children and young people’s survey will include short, animated videos for the core questions; the videos will provide more information and context about the question being asked; each video will have text subtitles and a voice-over; images will be used for the protected characteristics questions

We will monitor how well this content works and will continue to explore ways of making our surveys easier to understand and complete to make sure they are as accessible as possible.

Proposal 7: including alternative provision

We proposed to place greater emphasis on the experiences of children and young people with SEND in alternative provision, and to evaluate how local authorities use, commission, and oversee alternative provision for all children and young people.

Question 7: To what extent do you agree or disagree that area SEND inspections should include a focus on how local authorities use, commission and oversee alternative provision?

Figure 12: Responses to question 7

Response	Percentage
Strongly agree	62%
Agree	26%
Neither agree nor disagree	8%
Disagree	1%
Strongly disagree	1%
Don’t know	1%
Totals	100%

The full range of respondents supported this proposal, with around 9 in 10 agreeing overall.

Parents and carers responding to the consultation expressed concern about what they see as a lack of sufficient provision, both in terms of specialist schools and alternative provision. They believed that local authorities should be doing more to address this shortage and should make their mainstream schools more inclusive.

Some respondents also expressed views about the role of schools more widely in the system, including in relation to much alternative provision being commissioned directly by schools, including by academies and multi-academy trusts, which are outside of local authorities’ control.

There was strong support for including consideration of local authorities’ commissioning and oversight of alternative provision in area SEND inspections. Many of the comments we received demonstrated the need for increased scrutiny in this area. Further, some respondents felt that it was sensible to include consideration of alternative provision as we proposed because this reflected the direction of travel set out in the anticipated SEND review reforms. However, others, including the LGA, were of the view that it was not the right time to introduce consideration of alternative provision under this framework, given that the SEND review reforms were still pending. But this was very much the minority view.

What we will do in response to the consultation findings for question 7

As we set out in the executive summary to this report, we will include consideration of local authorities’ commissioning and oversight of alternative provision. Alternative provision commissioned directly by education providers is looked at in inspections under the education inspection framework.

Nationally, around 80% of young people who attend alternative provision have been diagnosed or assessed as having some type of SEND. Local authorities retain certain statutory duties in relation to alternative provision, including the responsibility to arrange suitable full-time education for permanently excluded pupils and other pupils who would not be offered suitable education without this provision, for example because of illness.

The approach to including alternative provision in this new framework is aligned broadly with the proposals set out in the SEND and alternative provision green paper. However, it is also designed to inspect local authority commissioning and oversight of alternative provision as it is now. We have made changes to the final area SEND framework and handbook to make clearer the specific focus that future area SEND inspections will place on alternative provision.

Proposal 8: introducing monitoring inspections

When an inspection finds widespread and/or systemic failings and the local area partnership is required to submit a plan to address the areas for priority action. We proposed to carry out a monitoring inspection of the local area to assess progress at around 18 months.

Question 8: Do you agree or disagree with our proposed approach to monitoring inspections?

Figure 13: Responses to question 8

Response	Percentage
Strongly agree	46%
Agree	35%
Neither agree nor disagree	8%
Disagree	7%
Strongly disagree	4%
Don’t know	1%
Totals	100%

There was broad support for the introduction of monitoring inspections from all groups of respondents. Some saw this as a supportive approach that could help improvement and provide greater assurance and accountability.

Many respondents, mainly parents and carers, while agreeing with having monitoring inspections where there are significant weaknesses or systemic failings, were of the view that they should take place sooner than 18 months after a full inspection. This attracted the most comments out of all the consultation proposals. Views varied but, most commonly, 12 months was thought to be a more appropriate time frame.

Some other respondents, mainly representatives from local authorities, wanted more support between inspections, and, from within this group, some felt the proposed timings were just right.

What we will do in response to the consultation findings for question 8

We will introduce monitoring inspections of local area partnerships where the inspection finds significant weaknesses and/or systemic failings. These will usually take place within 18 months of the full inspection. Ofsted and the CQC also retain the right to carry out a monitoring inspection of any local area partnership at any time, if information we receive causes us sufficient concern.

We have taken full account of the views expressed by all respondents but we believe that significant weaknesses and/or systemic failings cannot be addressed quickly. This is because they are often the result of deep-rooted shortcomings. Local area partnerships need to have the chance to address these issues in a meaningful way, including by benefiting from the support and challenge provided by the Department for Education (DfE) and NHS England. Therefore, we think that around 18 months after the inspection is the right time to carry out a monitoring inspection. This will also allow inspectors to gather reliable evidence of sustainable improvement.

We sympathise with the concerns expressed primarily from parents and carers who, understandably, want to see more accountability and rapid improvements in the system. However, our approach must also be seen in the context of support and intervention by the DfE and NHS England, as well as the engagement meetings that we will be holding with all local area partnerships, between inspections. We hope this gives sufficient reassurance that there should be no accountability gap where significant weaknesses or systemic failings are identified.

Proposal 9: introducing engagement meetings

We proposed to invite each local area partnership to engagement meetings, which will focus on the continual improvement of the local SEND system.

Question 9: Do you agree or disagree that we should invite each local area partnership to engagement meetings between inspections to discuss the local SEND arrangements?

Figure 14: Responses to question 9

Response	Percentage
Strongly agree	54%
Agree	33%
Neither agree nor disagree	9%
Disagree	1%
Strongly disagree	2%
Don’t know	1%
Totals	100%

All groups of respondents supported this proposal. Many thought that this was a collaborative and helpful approach and would keep the local area partnerships’ focus on SEND.

Some parents and carers suggested that their views and those of children and young people should also feed into these meetings. Some local area partnership representatives thought that the meetings could strengthen partnerships by bringing services together.

Some local area partnership representatives asked for more information or clarification about how these engagement meetings would link with those taking place in relation to education and social care, but also with those meetings that local area partnerships have with the DfE and NHS England. These respondents urged that any potential duplication should be avoided.

What we will do in response to the consultation findings for question 9

Following the new area SEND framework taking effect in early 2023, we will invite each local area partnership to an engagement meeting. Ofsted regions will coordinate their work across area SEND, education and social care to make sure that duplication is avoided.

As is good practice, we expect that local area partnerships will regularly engage with children and young people with SEND and their families, which includes making sure that their views inform our engagement meetings.

We have made changes to the final framework and handbook to make clearer the purpose and structure of the engagement meetings, and our expectations for them.

Equalities impact assessment

As part of the consultation, we published a draft equalities impact assessment. Through the consultation process, we received feedback on the content of the assessment and the information in our inspection handbooks.

We have reviewed the assessment in light of the responses received, and have published a revised equalities impact assessment alongside the consultation response.