NatSIP North Working Day The Bill and Draft SEN Code of Practice David Chater - DfE December 2013

Timetable Report Stage – Mid December, possibly January. Key Issues; disability in the Bill, single route of redress, regard to age, duty to provide social care in plan Code Consultation Closes 9 December Revised Code Published Code put Before Parliament Royal Assent – spring 2014 Implementation Sept 2014

What the Code is Nine chapters Statutory guidance on duties, policies and procedures relating to Part 3 of the Children and Families Bill and associated regulations. Provides practical advice on how to carry out statutory duties to identify, assess and make provision for children and young people with special educational needs (SEN).

Who must have regard to the Code local authorities (education, social care, relevant housing, employment and other services) early years providers schools FE colleges sixth form colleges academies/ free schools SEND Tribunal independent special schools and independent specialist providers pupil referral units and alternative providers NHS England clinical commissioning groups (CCGs) NHS trusts NHS Foundation Trusts Local Health Boards

Chapter 2 - Summary  The Principles underpinning the Code Involvement of children, parents and young people in decision making; Identification of children and young people’s needs; Collaboration between education, health and social care services to provide support; High quality provision to meet SEN needs; Greater choice and control for young people and parents; Outcome and successful preparation for adulthood.  

Chapter 3 – A Family Centred System Focus on: Involving children, parents and young people in decision making The views of children and young people Supporting young people and their parents Impartial Information, Advice and Support Parent Carer Forums

Chapter 4 - Working Together Across Education, Health and Care Working together for positive outcomes Joint commissioning arrangements Roles and Responsibilities Designated Health Officer Developing a Joint Understanding of Local Needs Joint Planning and Delivery Regional Collaboration The health commissioning duty Joint Review/ Improving Provision

Chapter 5 - The Local Offer Principles – Collaborative; Accessible; Comprehensive; Transparent What must be included in the local offer Publishing the local offer Preparing and reviewing the local offer

Chapter 6 - Early Years, Schools, Colleges and Other Education and Training Providers High expectations for children and young people with SEN – achieving outcomes; Support for children and young people with SEN; The four areas of SEN; SEN Support in: Early Years; Schools; Further Education Funding for SEN Support Admissions and Inclusion External Support in Educational Settings

High expectations for children and young people with SEN Mainstream schools and FE providers must: - use best endeavours to ensure that necessary provision is made for any individual who has SEN; - co-operate with their local authority in the local offer. Maintained nursery schools and mainstream schools, must: - designate an appropriate member of staff (SENCO) to have responsibility for co-ordinating SEN provision; - ensure that children with SEN take part in school activities together with children who do not have SEN; - publish information on their SEN policy.  

SEN Support in Mainstream - Eligibility “Where pupils continue to make inadequate progress, despite high-quality teaching targeted at their areas of weakness, the class teacher, working with the SENCO, should assess whether the child has a significant learning difficulty. Where this is the case, then there should be agreement about the SEN support that is required to support the child.” Model of support and intervention: Assess Plan Do Review

Chapter 7 - Assessments and Education, Health and Care Plans The need for an EHC assessment Co-ordinated assessment, planning and timescales EHC assessment and planning process Advice and information for EHC assessments Writing the EHC Plan Requests for a school, college or other institution Requesting a personal budget Reviewing an EHC Plan

Chapter 8 - Children and Young People in Specific Circumstances Looked after children Care leavers SEN and social care needs, including children in need Children and young people educated out of area Children and young people with SEN educated at home Children with SEN in alternative provision Young offenders in custody Children of service personnel

Chapter 9 - Resolving Disputes Principles Early resolution of disagreements Disagreement resolution arrangements Mediation Parent and young people’s rights to appeal to Tribunal Disability discrimination claims Complaints about NHS or social care provision

Specific Issues for SI Regional commissioning/collaboration The role of specialists in assessment/review Registers of visual impairment (or thorough needs assessment and planning) Local offer for low incidence needs