Conversion process Peggy Seddon - Senior SEN Officer Torbay Council

Transition/Conversion Plan The first group of children to have their statements converted to an EHCP is taking place as part of the pilot group. These are children in Year 5 (as at July 2014) attending mainstream school in preparation for Secondary transfer. This group of students were advised via letter to their parent and schools.

From 1 st September 2014 the Torbay Transition Plan for conversion will be: Year GroupTransfer Review dateNumber of children Early Years children entering school in September 2015 Transfer Review held in the month of the anniversary of their original finalised statement date 5 children Year 5’s (for the academic year ) Transfer Review held in the month of the anniversary of their original finalised statement date 71 children Year 9’s (for the academic year ) Transfer review held in the months of the anniversary of their original finalised statement 93 children Year 11’s (for the academic year ) Transfer Review held in the autumn term of children Post 16Young people with a Learning Disability Assessment (LDA – Section 139A) can choose to continue to receive their additional support (if still required) from an LDA or request an EHC assessment. Information and support will be available for young people make this choice 125 children (estimate)

This will be updated each year to reflect the change in number of each year group. The Torbay Local Authority will write to inform the young person and /or parents, SENCO and Head-teacher of the school they attend that a Transition Review is due. It is anticipated that the early years setting school/college will arrange the date and time of the Transfer Review, which will replace the Annual Review on this occasion, and then advise all necessary parties.

EHCP Transitional/Conversion Reviews Key transition stages are : Early years provider – Reception Year 5 – Secondary Year 9 – Preparing for adulthood Year 11 – Preparing for adulthood

Attendance MUST be requested from the following (2 wks notice must be given) 1) Child/Young Person 2) Parents/Carer/Guardian 3) School Representative 4) LA SEN officer 5) Health representative 6) Social care 7) Other individuals relevant to the child

School MUST seek advice from all parties prior to the meeting and circulate all the advice received to those invited to the review 2 wks in advance of the meeting For this purpose the SEN team have developed 4 Transition Guide’s for Schools parents/carers to help prepare for the review meeting. The focus of the review should be about outcomes for the child/young person.

TRANSITION GUIDE - EARLY YEARS

TRANSITION GUIDE - YEAR 5

TRANSITION GUIDE - YEAR 9

TRANSITION GUIDE - YEAR 11

Torbay SEN team have also developed a pro forma to request information from professionals if they are unable to attend. Following the review a report MUST be sent to the Local Authority within 2 weeks of the date of the meeting. Within 4 weeks of the review meeting, the Local Authority must decide whether it is proposed to: keep the EHCP as it is amend the plan cease to maintain the plan The local authority MUST then notify the child’s parents or the young person and the school or other institution attended of this decision.

From year 9 onwards the emphasis is on preparing for adulthood. The code of practice is clear that: “high aspirations are crucial to success – discussions about longer term goals should start early and ideally well before year 9 (age 13-14) at school. They should focus on the young person’s strengths and capabilities and the outcomes they want to achieve.” 8.1 informs that Post 16 should not be seen in isolation but as a progression of education or training towards achieving the young person goals. Childrens Families Act 2014 give the onus of decision making to the young person 8.15 – “After compulsory school age (the end of the academic year in which the turn 16) the right to make requests and decisions applies to them directly rather than their parents” 8.17 states that parents or other family members, or professional can continue to support that young person to make decisions, or act on their behalf – if the young person is happy for them to do so. In most cases, parents are likely to stay involved and schools should continue to include parents in discussions regarding the young person’s future. However, the final decision rests with the young person. Above extracts taken from the SEN & disabilities Code of Practice 0 – 25 years – July 2014

The year 9 Transition Guide and Review paperwork seeks to establish the young person’s aspirations as part of the year 9 Annual/Transitional review. Information from this review will help to inform future reviews to clarify the role of each of the young person’s supporters in helping him/her to achieve their goals Schools /colleges should continue to involve parents and family members where they have concerns about the young person’s welfare, behaviour or attendance up to the age of 18. In all reviews planning MUST always be centred around the young person’s aspirations and abilities. Reviews of the EHCP should bear this in mind, but it becomes crucial from year 9 onwards. What does that young person want for themselves in terms of a job, living arrangements, their role in their community and health choices?

In year 11 the Transition Guide becomes more specific to enable a reflection on the young person’s plan so far and create details for ongoing support in to further education and adulthood. It must be remembered that the plan reflects the goals of the young person and at the end of their year 11, the decisions within it rest with them. By encouraging young people to practice making decisions throughout their school life, it is hoped that he/she will acquire the skills to inform good choices. For some young people with SEN this is new territory for them and their parents. Some parents will be fearful that their child may make decisions that they feel are detrimental for them and question the ability of that young person to choose an appropriate path “The right of a young person to make a decision is subject to their capacity to do so as set out in the Mental Capacity Act 2005.” The act has 5 key principals An important principal is: “Just because an individual makes what might be seen as an unwise decision, they should not be treated as lacking capacity to make that decision.”

5 Key principals in the act Every adult has the right to make his or her own decisions and must be assumed to have the capacity to make them unless it is proved otherwise. A person must be given all practicable help before anyone treats them as not being able to make their own decisions. Just because an individual makes what might be seen as an unwise decision, they should not be treated as lacking in capacity to make that decision. Anything done or any decision made on behalf of a person who lacks capacity must be done in their best interests. Anything done for or on behalf of a person who lacks capacity should be the least restrictive of their basic rights and freedoms.

It is hoped that those professionals and family members supporting the young person will work towards allowing him/her to choose a path that will meet reasonable goals without enforcing their wishes at the expense of the young person

Thank you