Council will consider a motion, notice of which has been given by Councillor Doyle, pursuant to Council Procedure Rule 12.

The provisions of Council Procedure Rule 12.5, (Professional Advice of the Council’s Statutory Officers on the Motion) require the Council’s three statutory officers (i.e. Monitoring Officer, Section 151 Officer and Head of Paid Service), once the Motion has been accepted as being valid, to produce a formal Advisory Note detailing any necessary initial professional advice in relation to the implications for the Council of that Motion. That Advisory Note will focus on implications for the Council relating to budgetary, constitutional or legislative requirements or staffing matters.

In this instance, the Council’s Statutory Officers have indicated that they do not need to provide any such professional advice and therefore an Advisory Note does not need to be produced on this occasion.

Further to declarations of interest made under minute 34 above, Councillors Bray, Harris, Keteca and Thompson withdrew from the meeting whilst this item was considered.

Council had before it the following motion, notice of which had been given by Councillor Doyle pursuant to Council Procedure Rule 12:-

“That Tendring District Council –

(1)     Believes that too many children with Special Educational Needs & Disability (SEND) are still misunderstood or unsupported at school, and too many families must fight to get the right help;

(2)     Reiterates that this is not a criticism of school staff but about making sure they have the training and confidence to support every child properly;

(3)     Notes that Oliver McGowan Mandatory Training is the Government’s preferred and recommended training for learning disability and autism in health and social care, as set out in the most recent Code of Practice published in September 2025 and which is nationally recognised and co-produced with people with lived experience;

(4)     Believes in inclusive education, and that understanding should not be optional or dependent on which school a child attends and that every child deserves to be understood, to feel safe at school, and to have the chance to achieve their full potential;

(5)     Feels strongly that mandatory training for school staff would bring consistency, earlier understanding, better communication with families, and better outcomes for children across Tendring and that better informed staff can reduce anxiety, improve attendance and create a stronger learning environment for everyone;

(6)     Therefore, calls on Essex County Council and relevant Academiesto direct that the Oliver McGowan Mandatory Training on Learning Disability and Autism for all staff across schools in the District of Tendring be implemented urgently as a simple matter of fairness, inclusion and responsibility.”

At the time the agenda had been published it had been confirmed that the statutory officers did not need to provide any professional advice in relation to this motion and that therefore an Advisory Note pursuant to Council Procedure Rule 12.5 had not needed to be produced.

However, prior to the commencement of the meeting the Council’s Corporate Director (Law and Governance) & Monitoring Officer had circulated the following email to Members:-

“I am writing to you on behalf of Ian Davidson [the Council’s Chief Executive] and I regarding the Motion to Council pursuant to Council Procedure Rule 12, submitted by Councillor Carrie Doyle, calling on Essex County Council to direct that the Oliver McGowan Mandatory Training on Learning Disability and Autism for all staff across schools in the District of Tendring be implemented urgently.

Some Elected Members have approached Ian and I separately, to enquire how can they debate this topic without further information regarding the subject matter, which is sensitive and technical, and upon reflection both of us agree with this viewpoint. 

Having reread the motion and reflected upon its contents, while it does not have legal, financial or resource implications for TDC (which would have been the purposes of any statutory officers’ advice), the wording makes reference to specific types of training and ‘believes in inclusive education’, and asks full Council to support this, in effect as a policy position.  Article 13 in Part 2 of the Constitution refers to the principles of decision making, 13.02 (b) requires consideration of all the relevant factors and options and (e) refers to clarity of aims and desired outcomes.

As the Council’s Corporate Director for Law & Governance, I am bound to advise all Members on decision making and following discussions with the Chief Executive who supports the approach, we are of the opinion that this motion should be referred to the Community Leadership Overview and Scrutiny Committee under the provisions in Council Procedure Rule 12.7 (3)(a) to require further information of the implications of the potential decision to be researched and submitted.  This process can be achieved through an amendment in the normal manner.  

As you will appreciate only Members can move amendments, therefore the purpose of this email is to give all Members our advice in advance of the meeting.”

Councillor Doyle formally moved the motion, and Councillor Davidson formally seconded the motion.

Councillor Doyle then indicated that she wished to alter her motion by the addition of the following text as a new opening paragraph:-

“That my Motion as set out below in full, calling on Essex County Council to direct that the Oliver McGowan Mandatory Training on Learning Disability and Autism for all staff across schools in the District of Tendring, be referred to the Community Leadership Overview and Scrutiny Committee for further information on the type of training mentioned and the implications of ‘inclusive education’ being researched, with evidence in support, and then submitted back to Full Council prior to making its informed decision on the subject matter.”

The seconder of the motion (Councillor Davidson) duly gave his consent to the alteration, as required by Council Procedure Rule 16.6(a) (Alteration of Motion).

In accordance with provisions of Council Procedure 12.6 Councillor Doyle then explained the purpose of the Motion and Council proceeded to debate it.

Councillors Doyle, Davidson, P B Honeywood, Ferguson, Griffiths and M E Stephenson spoke during the debate on this matter.

Councillor Doyle’s motion, as altered, on being put to the vote was declared CARRIED.