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The Chair welcomed everyone to the meeting.
There were no declarations of interest received.
There were no items to consider from the Cabinet Forward Work Programme.
Members considered items from the Scrutiny Committee Forward Work Programme.
The Head of Education Development provided an overview of the report included within the agenda pack. Members were informed of a significant increase in elective home education across Wales, with approximately four hundred children currently home educated in Neath Port Talbot. It was noted that most de-registration’s occur in years 10 and 11, primarily due to the added pressures of examinations. The top three reasons reported for home education are lifestyle choice, anxiety, and attendance or prosecution concerns. Support provided to home-educated families includes Welsh lessons, swimming lessons, free educational resources, weekly coffee meetings, social events, access to poverty-related products, targeted events for Years 10 and 11, and partnership work with Swansea City Football Club on mental health and workshops. Positive outcomes highlighted that, despite rising numbers, services have supported families effectively, and twenty-five children returned to mainstream school last year. Challenges were also acknowledged, as schools may find it difficult to manage pupils returning from home education. Issues may include pupils not being examination-ready, unrecognised additional learning needs, language barriers, behavioural difficulties, or socialisation concerns. Members complimented the report and commented that there may be a link to the increase in home education at years 10 and 11 due to the onset of puberty and increased levels of anxiety. Members questioned whether data was available in respect to pupils that transition from home schooling back to school? How do they compare academically. The Head of service stated it was a difficult question to answer. It would be unfair to make comparisons as the standard of education up to the point of re-registration is unknown. Schools have reported that previously home educated pupils do not perform as well, as they may have received less formal education in relation to those who attended school. Members acknowledged the right of parents to home educate but questioned whether home educated children were disadvantaged. The Head of Service commented that this would be difficult to answer; each child would make their own decision, when older, whether it had been the best course of action for them. Officers commented that there was no access to GCSE results of home educated children as they are entered as a private entry for examinations. The Cabinet Member for Education and Early Years commented that whilst there were some benefits to home education, it was their belief that the best education was in a school setting in order to provide a broad range of education. It was noted that children educated at home, have to pay to enter external GCSE examinations which may be a barrier for some families. The Director of Education, Leisure and Lifelong Learning respected the parents right to home educate their children, but expressed a professional view that children benefitted from attending school for other reasons than academic performance. Certain opportunities, such as the Duke of Edinburgh Awards are not available for electively home educated pupils. It was noted that the local authority does have facilities available for electively home educated pupils to undertake exams at certain provisions within the council but there were certain difficulties around this. Members expressed concern that there was a lack of control over electively home educated children. It was acknowledged that support was provided from the authority but questioned whether there was any progress towards a central register of pupils. Officers advised members that a pilot was being undertaken within seven Welsh local authorities, to work more closely with health in exchanging information. This involved information on newborn babies and people who move into a local authority. Cross referencing exercises can be undertaken to identify children who may move into the area and not register with a school. However, there were no plans for a mandatory register. Neath Port Talbot in addition to other local authorities, Directors of Social Services and the Children's Commissioner have lobbied Welsh Government regarding this matter. Members welcomed news of a pilot but expressed concerns over safeguarding. Members asked officers if there was any reason that Neath Port Talbot was higher in children electively home educated (20%) as the average in Wales was 18%. Officers stated this was a difficult question to answer but noted that the urban areas in Wales all tended to be above the national average and there may be a connection to this. One of the main reasons for de-registration’s is lack of attendance. Neath Port Talbot has strived to increase attendance however prosecutions or fixed penalty notices were always used a last resort. Some families have indicated that their reason for de-registration was the threat of prosecution over attendance. This leads to difficult decisions for officers on whether to pursue an increase in attendance, a balance is required. The Director stated that increasing school attendance was important and noted that a significant number of schools, when inspected, have a recommendation around attendance. There are competing pressures from the regulators around attendance and satisfying safeguarding concerns by keeping children in schools, albeit for a reduced attendance rate. Members questioned whether support for electively home educated families was provided at diverse locations across the county? Officers confirmed that efforts were made to provide support in diverse locations, but this was limited by officer capacity. It was noted that some families do not attend events even if they are held locally to them. The principal venue is Neath which is accessible and near to the bus station but often Port Talbot library is also used. Members noted that there were no direct bus services from some rural communities. Officers noted that capacity was an issue in offering repeat events in various locations, as there were only 1.5 officers in post. Members enquired whether mandatory relationship and sex education within schools is offered to home educated children and young people. The Head of Service advised members that resources are offered to families, but they do not have to accept them. Partners attend coffee mornings in relation to topics such as mental health first aid and sexual health. Some young people may attend youth services even if they are not attending school and the youth service are aware when young people are educated at home. The Scrutiny Chair asked if events provided were well attended. Officers advised members that the attendance numbers varied and could be influenced by a number of factors, such as event location, nature of event, time of year and weather. Because the electively home educated community spans the ages of five and sixteen, it is difficult to provide an event that caters for all age groups. The Chair asked is it the same group of people who attend events. Officers confirmed that this was the case. The Chair asked what support was provided to the twenty five children who returned to mainstream school. The Head of Service noted that there would be different reasons for each child’s return to school. Pastoral Support Teams and Inclusion Officers provide accelerated support. The schools are relied on to recognise what support is required and to provide support in a staggered approach. Some children can find socialisation at school difficult. Officers outlined the transition work that was undertaken. Staff link in with children to establish the reason for their return and to tailor a support package to ensure the return is successful. Transition workers may support children by taking them to school after hours, to familiarise them with the school and classroom layout and meet teaching staff. It was noted that individuals returning to school in years ten and eleven are experiencing difficulties as they may not be exam ready or have followed the national curriculum and are not used to following school rules. In some cases, parents have re-registered pupils to undertake GCSE examination. The Head of Service commented that as a child matures, they may become more aware and make the choice to return to school themselves. The Director stated that there is a growing number of young people who have never attended school. If a parent decides to re-register, some of these children are extremely challenging. Many will have undiagnosed additional learning needs and there are difficulties in locating appropriate provision at short notice. In some cases, a bespoke package may be required to understand the need of the child and work with the child to ensure they are ready to enter education. It is a complex area, and consideration needs to be given regarding how to respond, it was noted that there are only a fixed number of specialist places, but all children have an entitlement to education. The Chair of Scrutiny reiterated members safeguarding concerns and questioned whether discussions are being held with Welsh Government in regard to tightening up of rules in this area. Officers confirmed that a pilot was taking place with other local authorities, as mentioned previously. Welsh Government are also looking at the guidance, but this will not affect any current regulations. Many professionals are requesting a change to the regulations. It was noted that a parent can refuse to provide the local authority of sight of their child. Not having sight of a child is not evidence of significant harm and does not warrant a referral to Children Services. Members questioned whether there was a higher input of referrals into Social Services relating to home educated children as opposed to those educated within school. The Cabinet Member for Education and Early Years emphasised that teachers acting ‘in loco parentis’ provide an additional level of safeguarding. In contrast, safeguarding for home-educated pupils relies on neighbours, relatives and parents, and there is no expectation that referral data of this nature is available. The Cabinet Member acknowledged the committee’s concerns regarding safeguarding, noting that these concerns are shared across Wales. It was agreed that a register of home-educated pupils would be welcomed; however, this would represent a substantial undertaking for the Education Department. The Cabinet Member thanked members for raising the issue and confirmed that it will be discussed at the next meeting of the WLGA Cabinet Members. Members noted that previous attempts to address this matter through legislation have resulted in significant human rights objections from parents, which have been challenging to manage. These objections have included threats of judicial review and other legal actions. Following scrutiny, the report was noted.
The Head of Education Development provided a brief overview of the report. The main themes included in the report are statutory responsibilities, policies, training, managing allegations, governance and the successful peer review system. The report references the recent Estyn inspection and the safeguarding arrangements and details of the Terrorism (Protection of Premises) Act known as Martyn's Law, with reference to partnership working in this area. Members asked for more information in relation to Martyns Law. The Head of Service stated that the Terrorism (Protection of Premises) Act known as Martyn's Law is specifically concerned with protecting a building from a terrorist attack and applies to any premises with over one hundred people. The Scrutiny Chair questioned whether Clerks to the Governing Bodies received information on training attendance. Officers confirmed that clerks should monitor both mandatory and non-mandatory training as part of their role. While training providers also hold this information, clerks are responsible for presenting training records to the governing body to ensure oversight. If a governor fails to attend mandatory training, the clerk should flag this to the governing body, which can then decide whether to suspend the governor or require attendance at a future session. Clerks therefore have a significant role in monitoring compliance, while headteachers hold responsibility for staff training within their schools. The Chair stated that checks should be made to ensure that the clerks are receiving that information. Following scrutiny, the report was noted.
The Director of Education, Leisure and Lifelong Learning provided an overview of the recent Local Government Education Services inspection as detailed in the report, contained within the agenda pack. It was noted that the inspection focused on the council’s arrangements for supporting education rather than solely the Education Directorate. While the Directorate carried significant responsibility for organising and coordinating evidence, preparation involved contributions from multiple council departments. The inspection process included separate inspections for Youth Services and Local Government Education Services, which previously had been combined which resulted in additional workload. The Director confirmed that all recommendations have been accepted, and improvement planning processes are being amended to address them. A regulator recommendation tracker has been introduced to monitor progress across all inspection frameworks, with updates reported to the Governance and Audit Committee. Members will see these changes reflected in next year’s Head of Service business plans. The inspection was considered successful, though significant challenges remain. Progress will be monitored through regular meetings with Estyn, including discussions with the Local Authority Link Inspector. Inspections occur approximately every six years, with interim visits also taking place. The Directorate is committed to demonstrating timely progress against all recommendations. The Scrutiny Chair congratulated the Director and acknowledged how difficult the inspection process was for all staff involved. The Chair was pleased to note that work has already commenced on the recommendations but questioned what were the biggest challenges and was confidence held that all of the recommendations can be met. The Director expressed confidence that all recommendations could be met where actions were within the control of staff. In relation to the priority recommendation, it was confirmed that a review of the schools’ funding formula is required. The current formula and associated metrics are outdated. Members will have the opportunity to contribute to this review. While the formula must be reviewed annually, there is no requirement for annual revision, and it has been several years since a significant update was undertaken. The Director highlighted a major issue concerning the overall level of funding available for schools. Both Estyn and Audit Wales have identified an overall deficit within schools, and while revising the formula is important to ensure funding follows need, this alone will not resolve the problem. Without an increase in the total funding allocation, the fundamental issue remains, particularly in relation to additional learning needs, which have grown significantly and become more complex across Wales. All Directors have reported similar challenges. Addressing this issue forms part of the priority recommendation, but decisions regarding funding levels rest outside the Director’s remit. In relation to recommendation two, the Director explained that Estyn had reviewed the current annual performance review process and advised that it needed to be more focused and robust. Work is underway, led by the Head of Organisation Development, to implement a new council-wide scheme that will introduce sharper, more specific measures within personal development reviews. This will strengthen accountability by ensuring that performance objectives are clearly defined and monitored. The Director noted that Estyn had raised concerns regarding the lack of formal minutes for all meetings, questioning how commitments made during meetings are evidenced. While the Directorate acknowledged this point, it was highlighted that the volume of meetings and limited resources make comprehensive minute-taking impractical. To address this, the Directorate is exploring the use of artificial intelligence to assist with recording and tracking meeting outcomes, following successful examples within Social Services. Work has already commenced on recommendation three. A session was held with Estyn in September to review self-evaluation processes, which is a common recommendation for both schools and local authorities. The Director noted that self-evaluation is an ongoing, iterative process that can always be improved. Current processes are considered strong but require refinement, and Estyn has committed to continuing to support this work. Improvements are also being explored in relation to school improvement processes, which Estyn suggested could be strengthened. The Director highlighted that more accurate and robust self-evaluation will lead to sharper reporting to members, improving understanding and scrutiny. This will also enhance the quality of questioning and decision-making within committees. It was acknowledged that aspects of recommendation two, relating to reporting and accountability, extend beyond the Education Directorate and will require a council-wide approach. The Senior Leadership Team has accepted the need to strengthen these processes and will incorporate them into improvement planning going forward. Members sought clarification on the numbers of pupils with Additional Learning Needs (ALN) and the categories referenced in the latest Estyn report, which noted four categories. It was observed that while figures appear to show a decrease from 27% in 2017 to approximately 15% currently, there is a noticeable increase in ALN needs. The Head of Early Years, Inclusion and Partnerships explained that the reported figures are misleading and do not reflect the actual level of need in Neath Port Talbot or across Wales. The apparent reduction is due to changes in legislation and reporting requirements, including the removal of certain categories such as general learning difficulties from PLASC data. The Head of Service outlined that the authority is currently undertaking an exercise to converting previous statutory and non-statutory plans, such as statements and Individual Education Plans (IEPs), into Individual Development Plans (IDPs) as required by Welsh Government. All plans will become statutory by February 2026. The four categories referenced in the Estyn report relate to types of plans rather than categories of need: School Action, School Action Plus, IEPs, and statements. These will be replaced by IDPs, which may be school-maintained or local authority-maintained. The Head confirmed that the level of need has not decreased; referrals, requests for support, complexity of needs, and demand for specialist placements remain high. The current figures are a result of reporting changes rather than a reduction in ALN prevalence. Members raised concerns regarding the potential impact of changes to the funding formula. It was noted that schools may not currently be identifying all pupils requiring plans, but if funding is linked to identified needs, schools could broaden their identification processes. This may lead to an increase in the number of plans as schools seek additional income to address existing budget deficits. Members enquired why the School Budget Forum did not meet for two years. It was noted that the position has moved from a zero deficit to the current £2m, which would have been higher if extra funding had not been received. Why was this not looked at prior to the Estyn report. The Director explained that while there is a requirement to have a forum, there is no statutory requirement for meetings. The lapse occurred due to personnel changes and oversight, which was acknowledged as an error. In relation to the reserve position, the Director outlined that school reserves were close to zero prior to COVID-19. During the pandemic, reserves increased significantly, reaching £12m, a trend seen across Wales. Following COVID, reserves reduced to £6m, while some schools still held significant surpluses and others had deficits. Over subsequent years, reserves declined further, resulting in a slight deficit, with an annual overspend of approximately £6m to £7m. The Director explained that decisions were taken to allocate funding to other council pressures, particularly in adult social care, due to finite resources and significant demand. These decisions were considered legitimate given the circumstances. The Director confirmed that Estyn and Audit Wales highlighted this issue and prioritised it within their recommendations. Work is now underway on the funding formula review, alongside preparations for the next council budget. The Director of Finance highlighted that the funding gap between the council’s allocation for ALN and the actual costs incurred by schools has been widening over the years due to increasing numbers and complexity of needs. This issue was noted as a significant challenge. In relation to the council’s budget process, it was reported that the recent provisional local government settlement provided an average increase of 2.7% across Wales, with a 2.6% increase for this authority. This equates to an additional £8 million from the Welsh Government for the next financial year to address all pressures. The Director emphasised that this remains a difficult financial position. It was explained that in Wales, school deficit balances are included in the council’s overall financial position, unlike in England where deficits do not count towards the council’s finances. Consequently, English councils can allow schools to operate with significant deficits without impacting their own financial standing. In Wales, this is not the case, and therefore additional funding for schools is essential. The Director confirmed that the senior leadership team and Cabinet have been discussing options to address the funding gap in schools, whether through a one-year solution or a multi-year approach. The matter is recognised as a priority and will require further consideration to resolve the significant financial challenge. The Director of Education, Leisure and Lifelong Learning reported that discussions had taken place with Estyn and the relevant Cabinet Member for Finance at the time. It was noted that Audit Wales had accepted that it is a legitimate position for any council to make choices when faced with significant pressures across services. Previous decisions had focused on right-sizing the adult services budget based on known demand at that point. The Director stated that there is now a clear recognition within the Senior Leadership Team and Cabinet that a similar approach is required for schools. The Director of Finance reported that the overall deficit position stands at £2.7 m. However, three schools account for £3 million of this deficit between them. It was noted that thirty-two schools are currently in deficit, while thirty-one schools are in surplus, indicating that the issue is not uniform across all schools. The Director further highlighted that the all-Wales projection shows an estimated £40m in school deficits by the end of March 2026, confirming that this is a widespread problem. Members queried the potential impact of changes to Shared Prosperity Funding (SPF) on youth provision. The Director of Education, Leisure and Lifelong Learning acknowledged the concern, noting that although the recent ESTYN inspection of the youth service was highly positive, it highlighted the service’s vulnerability to reductions in grant funding. SPF is one such grant, though the issue is not confined to the youth service alone. The Director explained that the directorate as a whole is particularly exposed, with a significant number of posts funded through SPF. Meetings are scheduled for the following week to assess the extent of this vulnerability. It was confirmed that any future funding available through SPF or its successor will require prioritisation decisions to be made. A Member expressed surprise at the significant reduction in school reserves, noting that the £12.6m in 2021/22, had fallen to an overall deficit of £2.7m within a relatively short period. The Member queried whether the majority of this deficit is attributable to ALN and asked if there are any other contributing factors impacting school finances. The Director of Education, Leisure and Lifelong Learning clarified that of the overall £2.7 million deficit, three schools account for £3 million, with one primary school contributing almost £2 million of this amount. It was explained that this significant deficit was largely due to a lengthy safeguarding concern at that school, rather than ALN. Other schools with substantial deficits have also accrued these due to similar exceptional circumstances. While ALN funding gaps exist in every school, the severity varies depending on pupil population and profile, with some schools experiencing more acute pressures due to their ALN profile. Members referred to page 44 of the report, which states that the service’s work does not sufficiently focus on the impact it has on pupil outcomes. Members noted that an outcome-focused approach is generally expected and queried how this issue could be addressed and the comment reversed. The Director of Education, Leisure and Lifelong Learning explained that this issue relates to recommendations three and four. Accurate self-evaluation is essential to identify areas for improvement. The Director noted that Audit Wales placed a greater emphasis on value for money during this review, which is reasonable given the current scarcity of resources. The concern raised was that the service had not consistently assessed the impact of its work, meaning that if future decisions on reductions were required, it would be unclear which activities deliver the greatest impact compared to those that are less effective. To address this, the service will incorporate impact assessment into improvement planning, with a particular focus on strengthening self-evaluation and value for money assessments. The Cabinet Member for Education and Early Years expressed appreciation to all staff involved in the inspection, with particular thanks extended to Chris Millis. The Member stated that it was reassuring that Estyn had recognised the issues already identified by the authority. It was further noted that receiving seven spotlights was exceptional. Following scrutiny the report was noted.
There were no performance monitoring items for consideration.
Officers referred to the Cabinet and Scrutiny Committee Forward Work Programmes contained within the agenda pack; members were given the opportunity to request further items for consideration. Officers advised members of the following: •The Staff and Pupil Wellbeing report scheduled for scrutiny on 8th January, would be based on an update of the work of the School Based Counselling Service; the report title would be amended accordingly. •The home to school transport updates for quarters one and two have not been reported to this committee, however, this would take place from quarter three. Members requested that quarters one and two updates be reported to committee. •In relation to the Cabinet Forward Work Programme, the Home to School Transport report for 4th March 2026, is requesting permission to consult. Prior to this a workshop will be arranged following the scrutiny meeting of 19th February for members to input into the home to school transport policy. •The second of three SSIP programme reports relating to the reorganisation of ALN provision was being considered by Cabinet on 4th March 2026, with the final determination in the summer. To date members have not expressed an interest in the report.
There were no urgent items.
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