Looking out for looked-after children

There is a gap between the educational achievements of looked after children and other children. However, rigorous guidance has been produced aimed at ensuring schools and local authorities work much closer together to promote the achievements of looked-after children. Sarah Erwin-Jones considers the new guidance, its impact on councils and schools and how it furthers the National Strategy to improve educational outcomes for LAC

As part of the National Strategy developed by the Department for Children, Schools and Families (DCSF) to improve the educational outcome for looked-after children (LAC), schools must set statutory annual targets for academic achievement by 2011 for all LAC at Key Stages 2 and 4.

At a strategic level it is expected that local authorities also drive improvements by employing a Virtual School Head (VSH) and at a local level all maintained schools must have a Designated Teacher (DT). At both levels the VSH and DT’s function is to promote the education of LAC by monitoring their achievement and progress and championing their needs. Their co-operation is fundamental to implementing the national strategy.

A virtual tool-kit published in March contains tips on how a VSH can ensure they discharge their legal duty to promote educational achievement of LAC. It can be downloaded from the DCSF Every Child Matters website here.

The newly updated guidance, Promoting the Educational Achievement of LAC, includes legislative changes including the new laws on admissions and details of teachers’ new duties. The purpose of the guidance is to help local authorities understand and discharge their duties as ‘corporate parents’ of LAC and promote and facilitate co-operation between councils and schools.

The guidance splits broadly into two parts: Strategic Planning & Accountability and Effective Implementation of the Duty.

Strategic Planning & Accountability

The Children's Trust Board (Children and Young People's Plan) (England) Regulations 2010 require partners at a strategic level as well as those who have day-to-day contact with LAC, such as carers, social workers, teachers and GPs, to co-operate and get involved with preparing and monitoring a Children and Young People’s Plan (CYPP).

A CYPP must include:

• Consultation with all relevant partners
• A needs assessment
• Details on how to achieve LAC’s statutory educational targets
• Details of available resources and how costs of these will be met, and
• Details of schools tailored services for LAC.

Effective Implementation of the Duty

Schools are expected to liaise closely with the local authority’s Lead Member for Children’s Services (LM) to help them discharge their statutory duties. This relationship will benefit LAC as their progress will be more closely monitored and exchange of information will be facilitated, resulting in better decisions being made about LAC’s care.

The relationship between the LM and LAC is intended to mirror that of a parent and child – the LM is expected to attend parents’ evenings and awards ceremonies, and to bestow praise and encouragement. They should be interested in the achievements of LAC in the broadest sense, including what they do in their leisure time.

Local authorities are expected to communicate with LAC, take account of their views and identify their educational needs, reflecting these in their care plans. The council and the school have a joint responsibility to produce a high quality, tailored Personal Education Plan (PEP). This must be a comprehensive record of the child’s experience, progress and achievement, be reviewed regularly and evolve with LAC’s progress.

In terms of school admissions the highest priority must be given to LAC in the over-subscription criteria in normal admission arrangements. Outside normal admissions, a maintained school must admit a LAC if requested to do so.

For those facing the possibility of exclusion, schools should be especially sensitive and try by every means possible to maintain a LAC in school.

It is clear that schools are expected to take a proactive approach towards co-operating with local authorities in fulfilling their statutory obligations. Therefore schools and local authorities should work together to:

• Ensure up-to-date high quality PEPs for LAC are provided on admission and updated during the course of a child’s education
• Give suitable training for DT’s, and
• Establish and maintain a protocol for sharing relevant information about care placements and education.

In addition local authorities should:

• Ensure schools are aware of their duties and the key reasons why LAC underachieve
• Ensure the Guidance is circulated amongst school governors and teachers
• Identify when LAC are eligible for Personal Education Allowances and are able to access one-to-one tuition where it is necessary
• Take all possible steps to avoid disrupting LAC’s education by finding appropriate placements and providing school transport to help them stay in their school, and
• Provide schools with specific information about a LAC.

Sarah Erwin-Jones is a partner at Browne Jacobson (www.brownejacobson.com).