Presentation on theme: "André Imich, SEN and Disability Professional Adviser, DfE"— Presentation transcript:
1 André Imich, SEN and Disability Professional Adviser, DfE The contribution of the learner – The SEN legislative framework VITAL Conference London, 20 January 2015Points of Clarification1. Nomenclature:Child = under statutory leaving age (16 years)Young person = person over compulsory school age (16-25)2. Key message – the same principles and the same vision applies to all ages 0-25 years3. Post 16 Institutions often use the term ‘learning difficulties’. The term SEN is used in the Code across the 0-25 age range but has the same meaning.André Imich, SEN and Disability Professional Adviser, DfE1
2 Children & Families Act 2014 - Highlights 2. All duties apply to all state-funded schools, inc. Academies1. Involvement of children, young people and parents3. Coordinated assessment; Education, Health and Care Plan7. Offer of a personal budget; more choice and control4. LA, health and care services to commission services jointly6. Statutory protections for 16-25s; focus on preparing for adulthood5. A clear, transparent local offer of services for all CYP with SEND
3 Key principlesS19 of C&FA lays the foundation for working in partnership with children, YP and their parents and carersLAs must have regard to:The views, wishes and feelings of the child, YP and parent;The importance of allowing them to participate in decisions relating to themselves/ their childThe importance of providing information to enable active participation in decision-makingThe need to support the child, YP and parent to facilitate development and enable the best possible outcomes.
4 Post 16 decision-makingAfter compulsory school age (the end of academic year in which they turn 16), right to make requests and decisions applies to YP directly, not their parents.Parents, or other family members, can continue to support YP in making decisions, or act on their behalf, provided that the YP is happy for them to do so.Parents likely to remain closely involved in most cases.Bottom line: A decision by a YP re an EHC plan will typically involve discussion with their family and others, but the final decision rests with the YP.Exception – those judged to lack capacity.
5 YP has the right to:request an EHC needs assessment (up to 25th birthday)make representations about the content of EHCPrequest that a particular institution is namedrequest a Personal Budget for elements of an EHCPappeal to the First-tier Tribunal about decisions concerning their EHC plan
6 Preparing and reviewing the Local Offer LAs must involve children and YP with SEND in:planning the content of the Local Offerdeciding how to publish the Local Offerreviewing the Local Offer, including by enabling them to make comments about itLAs should ensure that:children and YP feel they have participated fully in the process; have a sense of co-ownership - ‘co-production’.their arrangements for involving children and YP include a broadly representative group of children and YP
7 The local offer and young people LAs mustengage YP directly in developing andreviewing the Local Offer.LAs should:engage a cross-section of YP with a range of SENDestablish the issues on which YP most want to be engaged.consider using a variety of methods to engage young people.aim, when organising participation events for YP, to ensure full accessibility by considering:timing; transport; physical accessibility; accessibility of content; age appropriateness.
8 Education Health and Care Assessment and Plans Highlight the child or young person’s strengths and capabilitiesEnable the child or YP, and those that know them best to say what they have done, what they are interested in and what outcomes they are seeking in the futureSome children and YP will require support from an advocate to express views about their education, their health, the future and how to prepare for it.Practitioners need to be skilled in working with children and YP to help them make informed decisions. All practitioners should have access to training so they can do this effectively.
10 Young Inspectors, Isle of Wight: EHCP Feedback Better than the old statementLike that everyone can apply themselvesMum had received the paper work really quicklyAll about me - excited by this, enjoyed talking about themselves; felt that people could see who they were, not just a care plan or a condition.Could not read the font as it was too smallThe word strength had to be explained that it wasn’t physical strengths but things they were good atExtremely happy about the plan and how it combined all of their needs and there weren’t lots of different papersWorried about the outcome part, mainly because they were worried they would not meet these outcomes