Presentation on theme: "Implementing the SEN and Disability Reforms September 2014"— Presentation transcript:
1 Implementing the SEN and Disability Reforms September 2014 Change management – build that critical mass.Royal College absolutely shaped our thinking – the Act and Code of Practice really did shape our thinking.Paperwork – multiple members of the work –SALT – local leadership – personal budgets multiple procurement of SALTs.PaperworkRelationships – people need to know you care.Dictated to - grieve
2 The current system is complicated, expensive and delivers poor outcomes Parents struggle to find the services that should be helping them, have to battle to get the help their children need, and have to tell their stories time and again.Moving from children’s to adults’ services can be very difficult.English LAs spend over £5 billion a year on SEND provision, and yet those with special needs are far more likely to achieve poorly at GCSE, Not be in Education, Employment or Training, or be unemployed.These issues affect a lot of people: 1 in 5 children are currently identified as having some form of SEND, with 2.8% having a more complex need.RelationshipsRelationships – not about numbersIn 2012 at Key Stage 2, pupils with SEND achieved roughly half as well as those with no identified SEND at English and Maths (43% achieved level 4 in comparison with 91%). The percentage of pupils with SEND achieving 5 or more GCSEs at grade A* to C was 22% in comparison with 69% with no identified SEND at Key Stage 4/5.Around 30% of all young people with statements of SEND at 16 are not in education, employment or training at 18 compared to 13% of their peers Employment rates for those with learning difficulties are much lower still: some data indicates less than 10% (NHS Information Centre for Health and Social Care (2008).Within adult care, costs for supporting those with learning difficulties are second only to the costs of supporting the elderlyThe National Audit Office estimated that the cost to the public purse of supporting a person with a moderate learning disability through adult life (16–64) is £2–3 million. Equipping a young person with the skills to live in semi-independent rather than fully supported housing could, in addition to quality-of-life improvements, reduce these lifetime support costs by around £1 million.Adult care costs for those with learning difficulties and/or disabilities are second only to the costs of supporting the elderly (£5.19bn compared to £8.79bn, , Provisional Release).In 2012, 46% of disabled people were in employment, compared to 76% of non-disabled people. If 76% of disabled people were employed, this would represent over 2 million more people in employment. In addition, employment rates for those with learning difficulties are much worse, with some evidence suggesting this to be as low as 7%.
3 Aims of the SEN and disability reforms We want children and young people with special needs and disabilities to achieve well in their early years, at school and in college; find employment; lead happy and fulfilled lives; and have choice and control over their support.The special needs reforms will implement a new approach which seeks to join up help across education, health and care, from birth to 25. Help will be offered at the earliest possible point, with children and young people with SEND and their parents or carers fully involved in decisions about their support and what they want to achieve. This will help lead to better outcomes and more efficient ways of working.
4 The SEN and Disability reforms: putting children and young people at the centre Where disagreements happen, they can be resolved early and amicably, with the option of a Tribunal for those that need itChildren, young people and parents understand a joined up system, designed around their needsEnablersJoint commissioningBetter disagreement resolution processesLocal offerOutcomesHaving friendsPositive WellbeingEmployment prospects0-25Children and young people with SENDand familiesInformation, advice and supportMaking theirviews heardGood qualificationsLAs and CCGs will work together to commission services jointly to secure a better integrated system for 0-25 year olds, focused on outcomes, working with children, young people, parents and partners across education, health and social care.Together, they will produce a ‘local offer’ of services developed with parents and young people, so that they can understand what is available, and how to complain if they need to. They must consult publicly on this local offer, and publish the results.A streamlined assessment process, co-ordinated across education, health and care, and involving children and young people and their families throughout. A new 0-25 Education, Health and Care Plan to replace the current system of Statements and Learning Difficulty Assessments, which reflect the child or young person’s aspirations for the future, as well as their current needs.New statutory protections for young people aged in FE, including right to request particular institution named in their EHC plan and the right to appeal to the First-tier Tribunal.A new duty on health commissioners to deliver the agreed health elements of EHC plans.A new duty on schools to ensure those with long term health conditions get the support they need.The option of a personal budget for families and young people with a plan, extending choice and control over their support.Support to resolve disputes earlier through access to mediation, while retaining the option to go to TribunalThe SEND Code of Practice sets out our expectation of how every child with SEND will be helped in education (whether or not they have an EHC plan).Option of a Personal BudgetIntegrated assessment and planningEducation Health and Care Plan is holistic, co-produced, focused on outcomes, and is deliveredExtending choice and control over their support.
5 Joint Commissioning We are on a journey of change. More support needed –Buddy up commissioners –Building those networks – let me show you how. Hand hold through the journey.
6 National framework / Local process Joint commissioning:National framework / Local processA national statutory framework (Children and Families Act 2014, regulations; SEN and Disability Code of Practice) with local implementation to reflect local priorities (Joint Strategic Needs Assessments and Joint Health and Well being Strategies)
7 The Local offer Key purposes To provide clear, comprehensive, accessible and up to date information about available provision and how to access itTo make provision more responsive to local needs and aspirations by directly involving disabled children and those with SEN and their parents, disabled young people and those with SEN and service providers in its development and reviewNational framework / local implementationStatutory basis for local offer is provided by Children and Families Act and associated Regulations plus statutory guidance in SEN and Disability Code of PracticeLocal authorities decide how to develop their local offer and the detailed content with local peopleLocal authorities must publish comments from disabled children and those with SEN and their parents and disabled young people and those with SEN at least once a year and must publish what action they will take in response to those commentsMaintained nursery schools and “any other person (other than a school or post 16 institution) that makes special educational provision for a child for whom the [local] authority is responsible” must cooperate with the local authority in respect of the local offerGovernment wants to see disagreements resolved at the local level without having to go to the Tribunal if possible;The more participative arrangements for assessment and drawing up EHC plans in the Bill and Code should result in fewer appeals to the Tribunal;
8 The Local offer and the Early Years Key information to be publishedEducation, health and care provision – including special educational provision the local authority expects to be available in early years settingsOther educational provision such as sports and arts provisionArrangements for resolving disagreements and complaints, including mediationArrangements for travel to and from education providersSupport to help children move between phases of education eg from early years to schoolChildcareFree Early education places and eligibility requirementsRelevant services from agencies such as Portage, Health Visitors and Early SupportArrangements for identifying and assessing children’s needs in the early yearsArrangements for reviewing children’s progress including progress check and health and development reviewSupport available for parents to aid their child’s developmentGovernment wants to see disagreements resolved at the local level without having to go to the Tribunal if possible;The more participative arrangements for assessment and drawing up EHC plans in the Bill and Code should result in fewer appeals to the Tribunal;
9 SEN and Disability Code of Practice 0-25 Definitive statutory guidance on SEN and disability provisions in Children and Families Act 2014 and associated Regulations to which the following bodies must have to have regard:Local authoritiesHealth Bodies (including clinical commissioning groups; NHS trusts and foundation trusts, Local Health Boards and NHS Commissioning Board)Maintained schools, including maintained nursery schoolsAcademies / Free SchoolsNon-maintained special schoolsFurther Education CollegesEarly years settings in receipt of local authority fundingPupil Referral UnitsIndependent specialist schools/colleges approved under s41 Children and Families Act 2014Youth Offending Teams
10 SEN and Disability Code of Practice - Key principles Section 19 of the Children and Families Act lays the foundation for working in partnership with children and young people and their parents and carers.Local authorities must have regard to:The views, wishes and feelings of the child, young person and their parents;The importance of allowing them to participate in decisions relating to themselves (or their child);The importance of providing information to enable active participation in decision-making;The need to support the child, young person and theirparents to facilitate development and enable the bestpossible outcomes, educational or otherwise.
11 SEN and Disability Code of Practice - headline changes A clear focus at every level on a person-centred approach and the involvement of families and young peopleNew focus on better information about support available locallyA focus on outcomes to be achieved, rather than only on amount of provisionNew focus on disability and links to Equality Act dutiesNew duties in relation to post-16 provision to support a new focus on preparation for adulthood – which starts before pupils get to Further EducationStrong emphasis on joint working across education, health and careEHC plans replace statements and Learning Difficulty Assessments to ensure that support encompasses all the things that children and young people with SEN need in order to achieve better outcomes.SEN Support replaces School Action and School Action Plus. Code gives practical advice on how to carry out statutory duties to identify, assess and improve outcomes for children and young people with special educational needs (SEN).
12 SEN and Disability Code of Practice – Early Years (1) Early years providers in the maintained, private and voluntary sectors that a local authority funds must have regard to the SEN and Disability Code of PracticeCode of Practice sets out a graduated approach to identifying children with SEN and making special educational provision – SEN Support (replaces Early Years Action and Early Years Action Plus):Four elements: assess, plan, do and reviewParents to be informed by setting when special educational provision is being made for a childInvolvement of specialistsRequests for Education, Health and Care needs assessmentsCode describes the role of the SENCo in early years provisionEnsuring all practitioners in a setting understand their responsibilities to children with SEN and the setting’s approach to identifying and meeting SENAdvising and supporting colleaguesEnsuring parents are closely involved and their views are taken into accountLiaising with professional or agencies beyond the settingGovernment wants to see disagreements resolved at the local level without having to go to the Tribunal if possible;The more participative arrangements for assessment and drawing up EHC plans in the Bill and Code should result in fewer appeals to the Tribunal;
13 SEN and Disability Code of Practice - Early Years (2) All early years providers are required to have arrangements in place to identify, assess and support children with SEN or disabilities – requirements set out in the Early Years Foundation Stage Framework and SEN and/or Disability Code of PracticeIn assessing progress of children in the early years practitioners can use the Early Years Outcomes to assess the extent to which a young child is developing at expected levels for their ageEarly Years Foundation Stage Profile is usually completed for children in the final term of reception year – it is helpful in informing plans for future learning and identifying additional needs for supportProgress check at age 2Health and Development Check between ages 2 and 3Government wants to see disagreements resolved at the local level without having to go to the Tribunal if possible;The more participative arrangements for assessment and drawing up EHC plans in the Bill and Code should result in fewer appeals to the Tribunal;
14 SEN and Disability Code of Practice: Early Years (3) Children under compulsory school age…Are considered to have SEN if:they have a learning difficulty or disability which calls for special educational provision andwhen they reach school age are likely to have a greater difficulty in learning then their peers or have a disability which prevents or hinders them from making use of facilities that are generally providedthey would be likely to have SEN at compulsory school age if no special educational provision were made for themHealth professionals are required to tell parents and the local authority about a child under compulsory school age who they thinks has or probably has an SEN or disabilityChildren under 2Special educational provision for a child under 2 means educational provision of any kind and this will be provided from local settingsOnly those with the most complex needs are likely to require an EHC planGovernment wants to see disagreements resolved at the local level without having to go to the Tribunal if possible;The more participative arrangements for assessment and drawing up EHC plans in the Bill and Code should result in fewer appeals to the Tribunal;
15 SEN and Disability Code of Practice: Early Years (4) Code describes the role of the Area SENCo:Making links between education, health and care to facilitate appropriate early provision for children with SEN and support transition to schoolProviding advice and practical support to early years providers on approaches to identification, assessment and interventionProviding day to day support to settings-based SENCosStrengthening links between settings, parents, schools, social care and health servicesDeveloping and disseminating good practiceSupporting development and delivery of trainingDeveloping links with existing SENCo networks to support smooth transitions to school nursery and receptionInforming parents of, and working with, local information, advice and support servicesGovernment wants to see disagreements resolved at the local level without having to go to the Tribunal if possible;The more participative arrangements for assessment and drawing up EHC plans in the Bill and Code should result in fewer appeals to the Tribunal;
16 Education, Health and Care assessments and plans Early Years providers can bring individual children who they believe have or may have SEN to the attention of the local authority for the local authority to consider whether an EHC needs assessment is necessary – expect this to be when despite relevant and purposeful action the child is not making expected progress and with the knowledge and, where possible, agreement of the parentParents have a right to request an EHC needs assessmentWhere the local authority decides to carry out an EHC needs assessment it will seek information from the early years setting about the child’s needs (along with advice from health and social care and from the child’s parents)Parents can ask for a particular maintained school to be named in an EHC plan and the local authority has a conditional duty to name itOnce named in a plan a maintained school must admit the childThe local authority is responsible for making sure that the special educational provision in the plan is deliveredWhere health care provision is specified in the plan the health authority must arrange itParents of children with an EHC plan can ask for a personal budgetEHC plans must be reviewed annuallyGovernment wants to see disagreements resolved at the local level without having to go to the Tribunal if possible;The more participative arrangements for assessment and drawing up EHC plans in the Bill and Code should result in fewer appeals to the Tribunal;
17 Education Health and Care Plans: person centred and focusing on outcomes
18 Education Health and Care plans: a speedier process The whole process, from initial request to issuing the final EHC plan, should take no longer than 20 weeks, with 6 weeks to make the initial decision about assessment.6 wks16 wks20 wksLA notification that plan will not be issued following assessmentInitialrequest for an EHC needsassessmentAssessment and planningFinal planLAresponsetorequestTimescales – transition will take time.Contributors to planning must respond within 6 weeks of request for information
19 Resolving disagreements People will still be able to appeal to the Tribunal but parents and young people will have the opportunity to go to mediation before appealing; Before registering an appeal with the Tribunal parents and young people will have to contact an independent mediation adviser for information on mediation;Following this they can decide if they want to go to independent mediation – the local authority would have to attend and the mediation would take place within 30 days;This gives parents and young people the chance of settling their dispute without the stress of having to go through an appeal at the Tribunal – but they do not lose their right to appeal if they choose not to opt for mediation;The Children and Families Act widens mediation to include considering health and social care issues;Secretary of State for Education and Lord Chancellor are conducting a review of complaint and appeal arrangements for children and young people with SEND. The review will include piloting the Tribunal making recommendations about health and social care where appeals are made aspects of EHC plans.Government wants to see disagreements resolved at the local level without having to go to the Tribunal if possible;The more participative arrangements for assessment and drawing up EHC plans in the Bill and Code should result in fewer appeals to the Tribunal;
20 The Code of Practice and guides to the Code The Special Educational Needs and Disability Code of Practice 0-25 and a range of short guides to the Code for different audiences, including Early Years, Schools, Colleges, Social Care, and Health and a special publication for parents and carers, produced with parents and carers can be found at:Materials produced by the Council for Disabled Children with young people for young people can be found at:
21 Support fromMinimum of two champion one-to-one support days to each LA; plus support days from delivery partners£70 million SEN reform grant plus £45.2m funding for LA new burdens in (£31.7m in )Up to £900,000 for pathfinder champions ; delivery partner contracts extended; VCS grants -Increased funding for parent carer forums -Support for parents and young people through Independent Supporters (CDC) - do/independent-supportSENDgateway hosted by nasen - one-stop shop of professional development resources - presentation-pack-for-school-leaders-the-0-25-special- educational-needs-and-disability-reforms.htmlFunding bursaries of up to £9,000 for high calibre graduates to train as specialist SEND teachers in FE ( and ) and £1m in grants for the existing FE workforce to undertake specialist SEND CPD ( )
23 Managing the transition to the new system (1): Overview All new requests for assessments from 1 September 2014 will be treated as Education Health and Care needs assessmentsLocal authorities should aim to make the new arrangements for all Children and young people as quickly as they can.Local authorities must publish a transition plan in Sept 2014 setting out how they will manage the transition and publish a report on progress annually.Statements must be transferred to EHC plans by 1 April 2018.All young people who receive support as a result of a Learning Difficulty Assessment who are continuing in Further Education or training beyond 1 Sept 2016 who need an EHC plan should have one by 1 Sept 2016.Guidance and statutory Order can be found at:
24 Managing the transition to the new system (2): Local authority transition plans Published transition plan should include:which groups were consulted;numbers of statements and numbers of Learning Difficulty assessments planned for transfer in each year of the transition period;the order in which children and young people will be transferred;how and when parents and young people, and their educational institution, will be made aware of the arrangements;details of the transfer review process;sources of independent SEN information and advice;who parents and young people can contact with queries.
25 Managing the transition to the new system (3): Phasing of transfers Requirements between Sept 2014 and Sept 2015:Young People who receive support as a result of a LDA who request an EHC needs assessment;Young People moving into Further Education or training from school in Sept 2015 (by 31 May 2015; by 31 March subsequently)Other priorities:Those issued with non-statutory EHC plans prior to Sept 2014 who do not have statementsThose facing key transition points – such as entry to primary school, primary to secondary school, and secondary school to FE- and at year 9
26 Managing the transition to the new system (4): The transfer process Local Authorities must undertake an EHC needs assessment and invite parents to a meeting as part of the processThe local authority must not seek any advice required for an EHC needs assessment if such advice has previously been provided for any purpose and the person providing that advice, the local authority and the child’s parents or the young person are satisfied that it is sufficient.Process should take a maximum of 14 weeks to ensure a robust EHC plan. Many transfers will be quicker. Aim is for transfers to be timed to take place when an annual review might otherwise have been conducted
27 Managing the transition to the new system (5): Eligibility for EHC plans The legal test of when a child or young person requires an EHC plan remains the same as that for a statement under EA 1996.It is expected that all children and YP who have a statement and who would have continued to have one under the current system, will be transferred to an EHC plan.No child or young person should lose their statement and not have it replaced with an EHC plan simply because the SEN system is changing.