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Southwark’s moderation process

School-Based Moderation (Step before panel)

All Southwark mainstream schools (maintained and academies) will be supported initially by a member of the Inclusion and Monitoring Team or the Inclusion and SEN consultants (hereafter called “linked moderator”). The linked moderators will receive training and support to ensure fairness and equity across all EHCPs.

Initial moderation – on a school-level – will follow these steps:

  • The school will set a date to audit their EHCPs 
  • The school will complete their own audits 
  • If there are no changes to banding, the results will be sent directly to the LA via EHCPbanding@southwark.gov.uk   
  • If the school feels they have concerns over a banding result, or if they have any EHCPs which are indicating a change of banding, they will invite their linked moderator for a visit – this visit will include an observation of any CYPs where the school is requesting a change, alongside a discussion of the EHCP and a view of the audit.  The linked moderator will also review the cases before visiting. 
  • The linked moderator will complete a moderation sheet following the visit (with advice from the SEN and banding team if necessary) and will inform the banding team so that the decision can be ratified or moderated. All the linked moderators have received training in advice around ensuring their decision making is robust and there will be regular meetings with the moderators to ensure that risks are reduced.  

NB: if the recommended band is more than 1 band increased this must be referred to the moderation panel for a full discussion (the panel will meet monthly using the Terms of Reference as recommended below.)

 

SEND Banding Moderation Panel

Purpose

The purpose of the SEND Banding Moderation Panel is to provide a formal mechanism through which the Local Authority (LA) and educational settings can jointly review and moderate banding decisions following the implementation of the revised SEND banding framework.

The panel will support transparency, and application of banding descriptors across provisions, whilst ensuring that funding allocations appropriately reflect the assessed level of need and provision identified within a child or young person’s Education, Health and Care Plan (EHCP).

The panel is intended to act as a moderation and quality assurance process rather than a reassessment of need.

Scope

The Banding Moderation Panel will consider cases relating to children and young people currently accessing commissioned Resource Base (RB) placements who are transitioning onto the revised banding model, children and young people with “delegated plans” i.e. no allocated funding and cases referred by educational settings or the Local Authority following their own audits (and following the internal moderation process as above).

Cases will only be considered by the panel where:

  • the educational setting and/or the Local Authority considers that the child or young person’s level of need is at least one band higher or lower than the band allocated through the implementation process; and
  • there is evidence to indicate that the current allocated band may not appropriately reflect the provision required to meet identified needs.

The panel will not routinely review all banding decisions and will not consider requests where there is no clear rationale or evidence to support moderation.

 

Principles

The panel will operate in accordance with the following principles:

  • Consistency and equitable application of the banding framework across all settings;
  • Evidence-led decision making;
  • Transparency and collaborative moderation between the LA and settings;
  • Consideration of provision required to meet need, rather than diagnosis alone;
  • Alignment with the child or young person’s current EHCP and professional advice.

 

Information Considered

The panel will consider the following information when moderating banding decisions (where applicable):

  • The current Education, Health and Care Plan (EHCP);
  • The most recent Annual Review documentation;
  • Accompanying professional advice and reports;
  • The SEND banding tool and associated descriptors;
  • The panel may request further information where evidence is insufficient to support a moderation request.

 

Panel Membership

Membership of the panel will include representatives from:

  • Inclusion and Monitoring Team (Chair);
  • The Local Authority SEND Service;
  • Clerk (SEN admin team);
  • Educational setting representatives, optionally;
  • Other relevant professionals as required.

 

Outcomes

The panel may determine that:

  • the current banding allocation remains appropriate;
  • the banding allocation should be increased;
  • the banding allocation should be decreased 
  • further information is required before a decision can be reached.

Where the setting is presenting information regarding a significant change in need that is not evidenced in the EHC Plan or Annual Review documentation, this falls outside the scope of the moderation panel and will need to be considered via usual statutory processes (unless the child/young person has moved into the borough, in which case an exception may be agreed). 

 

Following panel decision

Panel outcomes will be formally recorded and communicated to the relevant educational setting.

Where the moderation panel do not agree to a change in banding following moderation, the decision of the moderation panel will stand until reconsidered through normal statutory review processes, including the Annual Review process where appropriate. It is expected that banding reviews will only occur when an EHCP is amended.

Please note: Schools should not advise parents that provision in Section F cannot be delivered because of funding constraints. The provision specified in Section F of an EHCP is statutory. Where a school believes additional funding or support is required to implement the provision, this should be discussed directly with the local authority. Parents should be assured that funding discussions do not alter the legal requirement to deliver the provision specified in the EHCP.

 

Frequency and Duration

Initially, banding moderation panels will take place monthly, although this may be reviewed in line with demand. Each panel will last for a maximum of 2 hours (30 EHCPs maximum per panel). 

Moderation panel will take place on the last Friday of every month 10.00-12.00. Cases for consideration need to be submitted at least one working week before the next panel date. i.e. panel is due to take place on Friday 25th September, papers need to be submitted by Friday 18th September. This will ensure the LA has sufficient time to review the documentation ahead of panel. 

Where the agenda for the next panel is full (i.e. more than 30 EHCPs), educational settings will be advised of the soonest available slot in upcoming months. 

 

Governance and Review

The Banding Moderation Panel will operate as part of the Local Authority’s wider SEND governance arrangements. 

Decisions regarding banding are not appealable to educational settings or parents.

The Terms of Reference may be reviewed and amended periodically to reflect changes in operational practice, legislation, or the SEND funding framework.

Following the panel, all decisions will be recorded clearly in a spreadsheet, and the clerk of the panel will then ensure that EHCP coordinators are informed. The clerk will allocate the case to a co-ordinator assistant who will send a commissioning letter to the school and will amend Capita if an increase/decrease has been agreed.