The New SEN Law THE CHILDREN & FAMILIES ACT 2014 EXPLAINED

Introduction - Principles - Practicalities ◦What is EHC? ◦What is the “local offer”? ◦What is the age range? ◦What is an EHC plan? ◦What if I disagree with the plan?

The principles - increasing aspirations for children and young adults - preparing for adulthood - involving parents, children and young adults - focusing on transitions - continuous development – “assess, plan, do, review”

What is EHC? - The co-ordination of the delivery of services to meet education, health and care needs - Local authority led - The involvement of parents, children and young people is central

What is the “local offer”? - All services and facilities that may be available or useful to local parents/carers - “Not simply a directory” - Not just local, but regional and national facilities - Parents/public can contribute - Links to local offers are in supporting materials

What is the age range? - significant change to 0-25 years old - a focus on transitions - one continuous repeating process from 0-25

What is the age range? When must children be transferred from old to new system: ◦In children moving from school to a post-16 institution or apprenticeship - children with “pathfinder” EHC plans but no statement of SEN ◦In – Children transitioning between key stages and/or institutions ◦By April 2018 all children must have transferred

What is an EHC plan? - a single legal enforceable document encompassing all educational, health and care needs. - assess, plan, do, review

What is an EHC plan? (Assess) Request Parents, teachers and other professionals can request local authority assess a child Decision Local authority must decide whether to assess within six weeks They should seek the views of you and others in making their decision Assessment A maximum period of sixteen weeks Devising Should seek your views Should send out a draft, giving you 15 days to comment and/or request a meeting This is when you can request a specific school Issue A maximum period of 20 weeks from request to issue

What is an EHC plan? (Plan) - can request a school be named, and the LA must name that school unless – ◦Unsuitable for age, ability, aptitude or SEN of the child/young person ◦The attendance of the child/young person would be incompatible with the efficient education of others or the efficient use of resources -A named school has a duty to admit. -See supporting materials for list of approved independent schools

What is an EHC plan? (Plan) - Entitled to request a personal budget ◦Direct payments to you ◦“Notional arrangements” – LA or education provider holds money & spends as directed by you ◦Third-party arrangements – someone else manages the money for you ◦A combination of the above

What is an EHC plan? (Do) - Local authority, health and care providers legally required to deliver services in EHC plan - Single legal co-ordinating document

What is an EHC Plan? (Review) - Schools must provide annual report - Schools should meet parents at least three times per year - LA led, but can be delegated to school to conduct review

What if I disagree with the plan? - Disagreement resolution services - Mediation - SEND Tribunal

What if I disagree with the plan? - Mediation process: ◦Where LA - does not assess/reassess your child - does not draw up an assessment - does not amend EHC plan after review - ceases to maintain EHC plan Or where - disagree with description of SEN - disagree with SEN provision in plan -Also re: social care & health aspects of EHC plan -Mediation meeting must take place within 30 days of request -You should be given at least 5 days notice -Mediator must issue a certificate within 3 working days

What if I disagree with the plan? - SEND tribunal: ◦Same reasons as mediation, plus: ◦If disagree with description of SEN ◦What SEN provision is included ◦If disagree with school proposed (or don’t name a school) ◦If change details without your agreement ◦Mediation a necessary first step except: ◦Appeals solely about school named ◦Disability discrimination claims ◦Time limit – One month from mediation certificate or two months from original decision (whichever is later)