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The Children and Families Bill Kerry Hancock, Programme Manager Pathfinder Support Team.

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1 The Children and Families Bill Kerry Hancock, Programme Manager Pathfinder Support Team

2 A reminder: the case for change The current system is not working for families and children: Too many children with SEN have their needs picked up late; Young people with SEN do less well than their peers at school and college and are more likely to be out of education, training and employment at 18; Schools and colleges can focus too much on the SEN label rather than meeting the child’s needs, and the current Statements/ Learning Difficulty Assessments do not focus on life outcomes; Too many families have to battle to find out what support is available and in getting the help they need from education, health and social care services; and When a young person leaves school for further education, they enter a very different system which does not carry forward the rights and protections that exist in the SEN system in schools.

3 Government vision Children’s SEN are picked up early and support is routinely put in place quickly; Staff have the knowledge, understanding and skills to provide the right support for children and young people who have SEN or are disabled; Parents know what they can reasonably expect their local school, college, LA & local services to provide, without having to fight for it; Aspirations for children and young people are raised through an increased focus on life outcomes, including employment; For more complex needs, an integrated assessment and a single Education, Health and Care Plan are in place from birth to 25; and There is greater control for parents and young people over the services they and their family use.

4 The SEND Reform Journey

5 House of Commons timetable 1st Reading Second Reading Motion/vote: 2 nd Reading Money Programme for Committee Report 3rd Reading Committee 4/5 Feb 25 Feb Begins on 5 th March – 23 rd April ( subject to passing of the Programme Motion ) 1-2 days 1 hour Public Evidence sessions, followed by line-by-line scrutiny of the Bill (including selected amendments) Debate of whole House; all MPs can lay amendments & vote Short debate; no further amendments; final vote Introduction/ 1st Reading Second Reading Grand Committee or Committee of the whole house Report Stage Third Reading Detailed line by line examination. All Lords have a further opportunity to consider all amendments. Amendments can still be made at Third Reading in the Lords House of Lords timetable We are here

6 The SEND Pathfinders

7 SEND Pathfinder Champions

8 Pathfinders core objectives To develop a new 0-25 assessment/planning process and a Education Health and Care Plan (EHCP) Person centred Improving outcomes Bringing together services and support which families rely on Develop a multi agency local offer To ensure the full engagement of children, young people and their parents and families, schools and colleges To explore how the voluntary and community sector could explore access to specialist expertise and introduce more independence to the process To explore how the option of a personal budget could offer more choice and control for children, young people and their families To explore how the joint commissioning across agencies can support the new processes and improve outcomes

9 New requirement for LAs, health and care services to commission services jointly, to ensure that the needs of children and young people are met. LAs to publish a clear, transparent ‘local offer’ of services, so parents and young people can understand what is available; developed with parents and young people. More streamlined assessment process, co-ordinated across education, health and care, and involves children and young people and their families throughout. New 0-25 Education, Health and Care Plan, replacing the current system of Statements and Learning Difficulty Assessments, which reflects the child or young person’s aspirations for the future, as well as their current needs. Legislation - key highlights

10 A new duty on health commissioners to deliver the health elements of EHC plans. Option of a personal budget for families and young people with a plan, extending choice and control over their support. New statutory protections for young people aged 16-25 in FE, including right to request particular institution named in their EHC plan and the right to appeal to the First-tier Tribunal. A stronger focus on preparing for adulthood including new powers for LAs to provide children’s services to young people over 18 to improve transition to adult services. Academies and Free Schools to have the same SEN duties as maintained schools. Legislation - key highlights (2)

11 New regulations and a new SEN Code of Practice for consultation. Both the regulations and the Code have been strongly informed by pathfinder learning. The Children and Families Bill has been through Commons Committee stage. More than 200 amendments were tabled and debated during the Commons Committee. (Oct 13) Government proposed new amendment to the Children and Families Bill that will place a clear requirement on all types of state schools to make arrangements for supporting pupils at the school who have medical conditions. The Lords Committee is now in progress with consideration of SEN clauses due to finish this week. During Commons Committee Stage, the Government introduced an amendment requiring health commissioners to deliver the health aspects of an EHC Plan. Debate has focused on a number of issues, the most prominent being: the position of disabled children and young people without SEN; duty on social care; single route of redress for education, health and care; accountability for the local offer; inclusion and school choice; how far local authorities should have regard to a young person’s age; and the extension of the Bill to higher education Legislation – current position

12 The Draft SEN Code of Practice needs-sen-code-of-practice-and-regulations

13 Key differences between the current and draft Codes: It covers the 0-25 age range and the new entitlements for young people in FE and has a clearer focus on involvement of children, young people and parents There is a much stronger emphasis on joint working between agencies with new joint commissioning duties and a duty on health services to arrange provision in an EHC plan It includes a local Offer to improve information and involvement of children, young people and parents in policy development It covers Education, Health and Care plans to replace statements and Learning Difficulty Assessments It incorporates separate guidance on inclusion and LDAs. Code of Practice and Regulations

14 The draft Code and Regulations were published for consultation on 4 October for responses by 9 December and specially developed materials for consultation with young people were published on 21 October and CDC are managing focus groups The aim is to develop final versions of the Code of Practice and Regulations which take account of the Bill (when it becomes an Act) and responses to consultation – for approval by Parliament in the spring so that schools and local authorities have them a term before they start to come into force Proposals for transitional arrangements also published for consultation on 4 October – including possible options for implementation of the local offer Code of Practice and Regulations

15 Structure – 9 Chapters 1.Introduction 2.Summary 3.A Family Centred System 4.Working Together Across Education, Health and Care 5.The Local Offer 6.Early Years, Schools, Colleges and Other Education and Training Providers 7.Assessments and Education, Health and Care Plans 8.Children and Young People in Specific Circumstances 9.Resolving Disputes

16 Chapter 2: Summary The Principles Underpinning the Code

17 Involvement of children, young people and parents in decision making

18 Improved identification of children and young people’s needs

19 Collaboration between education, health and social care to provide support

20 High quality provision to meet the needs of children and young people with SEN

21 Greater choice and control for young people and their parents over their support

22 Successful preparation for adulthood, including independent living and employment

23 Chapter 5 The Local Offer

24 Principles Collaborative: local authorities must involve parents, children and young people in developing and reviewing the local offer. Accessible: should be easy to understand, factual and jargon-free. Should be well signposted and publicised. Comprehensive: describe support available across education, health and social care from 0 to 25 and how to access it including eligibility criteria. Describe where to go for information, advice and support, and how to make complaints or appeal against decisions. Transparent: must be clear about how decisions are made and who is accountable and responsible for them.

25 What must be included Education, health and social care provision for SEN ; How parents and young people request assessment for EHC plan; Arrangements for identifying and assessing SEN; Other educational provision such as sports or arts provision; Post-16 education and training provision; Apprenticeships, Traineeships, and Supported Internships; Arrangements for travel; Support to help movement between phases of education Sources of information, advice and support relating to SEN Childcare, including provision for disabled children and with SEN; Leisure activities; Support available to young people in higher education Arrangements for resolving disagreements, mediation, parents’ and young people’s rights to appeal to Tribunal and routes of complaint and redress for health and social care.

26 Publishing the local offer Local authorities must: make their local offer widely accessible and on a website publish their arrangements for enabling those without access to the web to get the information enable access for different groups, including disabled people and those with different types of SEN.

27 Preparing and reviewing the local offer Local authorities: must involve children and young people with SEN and their parents in developing and reviewing (co-production) must involve schools, colleges, health services and others - all must cooperate with each other in development and review. should have engagement with providers of relevant early years education. must keep under review the special educational and social care provision available in their area and outside. must seek and publish comments about the local offer, including those received from or on behalf of children and young people with SEN and their parents.

28 Chapter 6 Early Years, Schools, Colleges and Other Education and Training Providers

29 High expectations for children and young people with SEN Mainstream providers must: - use their best endeavours to ensure that the necessary provision is made for any individual who has SEN; - co-operate with their local authority in developing the local offer. Maintained nursery schools and mainstream schools, must: - designate an appropriate member of staff (the SEN co-ordinator) to have responsibility for co-ordinating provision for children with SEN; - ensure that children with SEN take part in school activities together with children who do not have SEN as far as possible; - publish information on their SEN policy, and the measures and facilities put in place to assist access for disabled children. Equality Act 2010 requires settings to make reasonable adjustments for disabled children and young people to help alleviate any substantial disadvantage they experience because of their disability, and they must not discriminate against or harass them.

30 SEN Support in Early Years Progress check at age two The Early Years Foundation Stage Profile Progress monitor and review by early years practitioners Record keeping All settings to have a SENCO Role of Area SENCO

31 SEN Support in Schools Assess; Plan; Do; Review Involving specialists Use of data and record keeping - provision maps Involving parents and pupils in planning and reviewing progress Publishing information/ SEN information report Role of SENCO in school Improving practice and staff training Transition at 16 and preparing for adulthood

32 School SEN Information Report - Contents Identifying children and young people with SEN and assessing their needs; Assessing and reviewing children and young people’s progress towards outcomes, including working with parents and young people; Supporting children and young people in moving between phases of education and in preparing for adulthood; Adaptations to curriculum, teaching and the learning environment and access to ancillary aids and assistive technology; Securing expertise among teachers, lecturers or other professionals to support children and young people with SEN; Assessing and evaluating the effectiveness of SEN provision made; Enabling children and young people with SEN to have access to facilities and extra-curricular activity available to all children; Supporting and improving emotional and social development, and measures to prevent bullying.

33 Key responsibilities of SENCO may include: Overseeing the day-to-day operation of the school’s SEN policy; Coordinating provision for children with SEN; Liaising with designated teacher where a looked after pupil has SEN; Advising a on graduated approach to providing SEN Support; Advising on use of school’s delegated budget and other resources; Liaising with parents of children with SEN; Liaising with early years providers, secondary schools, EPs, health and social care professionals, and independent or voluntary bodies; Liaising with potential next providers of education; Working with the head teacher and school governors that the school meets its responsibilities under the Equality Act (2010); Ensuring that the school or maintained nursery keeps the records of all children with SEN up to date.

34 External Support Local offer should set out what support is available and how it can be accessed. Likely to include: o Educational psychologists o Child and Adolescent Mental Health Services o Specialist support teachers o Behaviour support teams o Speech and language therapists o Occupational therapists o Physiotherapists o Job coaches

35 SEN Support in Colleges Identifying SEN SEN support Access to specialist skills to support the learning of students with SEN Students supported to achieve a successful transition to adult life. Record keeping

36 General questions Is it clear from the structure of the draft Code where you can find the information you need? Is the guidance clearly written and easy to understand? Are the statutory duties from the Bill and Regulations clearly explained? Is the 0-25 age range appropriately reflected? Code of Practice: questions

37 Questions on the local offer Does chapter 5 of the draft Code describe clearly the purposes of the local offer? Is the guidance clear about what local authorities and their partners need to do to develop and review their local offer? Is there anything missing from the guidance? Code of Practice: questions

38 Possible options – what do you think? Option 1: Introduce all requirements from September 2014 Option 2: Introduce all requirements from April 2015 to fit in with cycle for decisions on school and college funding Option 3: Introduce the local offer progressively from September 2014 with the full offer being published in September 2015 Consultation question: Which approach to implementing the local offer should be adopted? Please explain why. Code of Practice: transitional arrangements

39 Pathfinder examples

40 Information Packs Produced a series of information packs based on the 6 key thematic areas: - Personal Budgets, - Coordinated Assessment & EHC Plan, - Preparing for Adulthood, - Local Offer, - Joint Commissioning, - Engagement & Participation of Children, Young People, Parents & Carers Available on the SEND Pathfinder website – Pathfinder YouTube channel:

41 SE7 Case Study On-going Development of Draft Local Offer Framework Includes: –A number of agreed principles (left) –Guidance on ‘essential’ features of the Local offer –Framework and guidance for each individual strand of the local offer –Identification of a consistent structure for each strand Sample from Information Pack: ‘Local Offer’‘Local Offer’

42 SE7 Case Study Focussed Work with Educational Settings SE7 developed questions for educational settings to answer in developing their offer Mechanism aim: to provide consistent responses in the manner a parent carer or young person would like to see Examples: –What specialist services and expertise are available at, or accessed by, the setting/school/college? –How will the curriculum be matches to my child’s/young person’s needs? Sample from Information Pack: ‘Local Offer’‘Local Offer’

43 SE7 Case Study Specific Questions from the Parent/Carer & Young Person Sample from Information Pack: ‘Local Offer’‘Local Offer’

44 Darlington Local Offer Case Study Approach Development of offer at incremental stages to ensure sustainable approach Darlington’s local offer can be found at: Sample from Information Pack: ‘Local Offer’‘Local Offer’

45 Hartlepool Case Study St Hild’s Local Offer Front Page St Hild’s has a local offer front page, which is part of the school website. This provides information on the key SEND contacts within the school, contact details, and useful links including information on:  How the school creates an individual SEND plan  Staffing and relevant qualifications  Special Education Provisions  Achievement and support Ability to click through to specific areas of the offer, such as achievement support. Sample from Information Pack: ‘Local Offer’‘Local Offer’

46 A Person-centred Outcome…A Solution… Is a personal goal, not a service goal Is something you have influence/control over Is achievable Is measurable & specific May have obstacles in the way of achieving it Is the resource you need to achieve your outcome It can be an item or an activity It can have a cost associated with it, or be free Sample from Information Pack: ‘0 - 25 Coordinated Assessment Process and EHC Plan’‘0 - 25 Coordinated Assessment Process and EHC Plan’ 0 - 25 Coordinated Assessment Process and EHC Plan Hartlepool EHC Plan Checklist Southampton

47 Engagement and Participation of Children, Young People & Parent Carers The following general principles apply across all aspects of SEND reform: 1.Parent-carers: the participation of parents and carers is built in from the beginning of strategic and individual planning and development of support. 2.Children and young people: the participation of children and young people is built in from the beginning and informs developments at an individual and strategic level. Sample from Information Pack: ‘Engagement and participation of children, young people, parents and carers’‘Engagement and participation of children, young people, parents and carers’ SE7 Case Study – Parent & Carers Darlington Case Study – Children & Young People

48 The pathfinders have shown that the workforce development and culture change needed to implement the reforms takes time, typically over a year. The proposals for joint commissioning, a local offer and personal budgets require a strategic approach to planning services and market development, based on clear understanding of the needs of children, young people and families. Now is the time to develop your engagement with the pathfinder champion in your region and think about the steps you need to take to prepare for implementation. Preparing for implementation

49 Key challenges for the programme and areas for further development: Running two systems in parallel amid wider change programmes Workforce development and culture change Further testing of paperwork ensuring its robustness when used as a statutory document Scaling up, preparing for implementation –Increase the number of families involved –Ensure coverage across the age range –Including more new cases –Testing the full end to end process e.g. reviews, disputes, transition –Further development of a multi agency local offer

50 Keeping in touch

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