Decision details

RESOLVED that the Executive:

       i.         Approves the Council’s initial Safety Valve proposal detailed in confidential Annex B of the report for submission to the Department for Education by 15 December 2023.

     ii.         Delegates authority to the Chief Executive, in consultation with the Leader of the Council, to amend the initial proposal if necessary in response to feedback from the Department for Education prior to a final Safety Valve proposal being presented to the Council meeting on 10 January 2024.

1.    The Council was invited by the Department for Education (DfE) to participate in its Safety Valve Intervention Programme 2023/24 in July (the invitation letter to the Chief Executive is attached as Annex A). The Safety Valve programme aims to agree a package of reforms to local education systems for pupils with special educational needs and disabilities (SEND) through which the systems will become financially sustainable within the level of grant provided by the Department for Education, while improving the experiences of children and young people. Bracknell Forest is one of five authorities invited to participate in the programme this year, due to its large and rising deficit.

2.    Participation in the programme can secure access to additional capital funding for new local provision and a material financial contribution from the DfE towards the accumulated Dedicated School Grant (DSG) deficit, should proposals for reform submitted by the Council be accepted. A significant financial commitment is also required from the Council, both to secure delivery of the proposed programme of activity and to write off the remainder of the accumulated deficit not funded by the DfE. At the time of this report’s publication, discussions are continuing between Council officers and the DfE’s Safety Valve team on these details, which will be distributed for Councillors’ consideration in confidential Annex B in advance of the Executive’s meeting.

The Council could choose not to participate in the Safety Valve programme. This is

not recommended since it would mean that responsibility for funding the DSG deficit

would rest entirely with Bracknell Forest Council, with no financial contribution

available from the DfE. In addition, the Council would be less likely to receive

additional capital funding to support local provision, since priority is given to

applications from Safety Valve authorities. While some local authorities with

Education responsibilities have not yet participated in the Safety Valve programme,

all will face a significant financial challenge if they are in a deficit position when the

temporary override enabling deficits to be carried forward is removed, which will

inevitably happen at some point. Should an authority face a situation where its total

reserves are insufficient to cover the accumulated deficit at that point, the authority

would be forced into declaring a section 114 notice, since it would at that point be

unable to fund its known liabilities. Bracknell Forest is not currently in this position,

but its rapidly rising DSG deficit that is expected to reach a minimum of £45m even

with significant mitigations identified and implemented risks triggering that situation in

the next few years.

None