The Children and Families Act 2014 The essential legal duties Council for Disabled Children, May 2014

The Children and Families Act 2014 Part 3: Children and Young People In England with Special Educational Needs and Disabilities 64 sections, 43 pages Replaces Part IV of the Education Act 1996

Definitions and scope

Definitions and scope Definition of SEN is no different to the current definition Disabled children and young people are those who are disabled under the Equality Act 2010 There is a difference between ‘children’ and ‘young people’

Institutions with new duties Academies and free schools Colleges Clinical commissioning groups and NHS England Youth secure estate and youth offending teams

Principles - section 19 Children, young people and parents at the centre of decision making Supporting children, young people and parents to participate A focus on achieving the best possible outcomes

Identification - section 22 Duty on local authorities to identify: all the disabled children and young people in their area and all the children and young people in their area who have or may have special educational needs

Working across agencies and institutions

Joint working across agencies Education, training and social care provision to be kept under review (s27) Promoting integration and joint commissioning arrangements (s25, s26) Cooperation across services and institutions (s28)

Local offer – section 30 Information on education, health and care a local authority expects to be available Children, young people and parents/carers must be involved Review and revise commissioning in light of comments received on the local offer

Information and advice - section 32 Duty on local authorities to provide information, advice and support Should be jointly commissioned and cover education, health and social care Services extended to disabled children and young people and those with SEN

Education Health and Care plans

EHC plans - key features To be drawn up within 20 weeks Person centred with a focus on outcomes Include education, health and social care Extend beyond school, potentially up to 25 Personal budgets included

EHC assessments - section 36 Local authorities to consider an EHC assessment when: A request is made A child or young person is brought to their attention

EHC assessments - section 36 Legal threshold for EHC assessments is broadly the same as for a statement The child’s parent or the young person must be consulted in advance This decision must be made within six weeks

EHC assessments - section 36 An assessment of education, health care and social care needs Person-centred and outcome focussed Using assessment evidence from a range of professionals

Content of EHC plans Duty to secure the education and health provision specified in an EHC plan (s42) Stronger duties in relation to social care (s37) Must include particular sections (see draft Code) but no national template

Naming an education institution Very similar process to a statement, with same presumption for mainstream (s33) Right extended to include colleges An institution named in a plan must admit that child or young person (s43)

Personal budgets – section 49 An amount identified as available to secure particular provision in the plan A view to involving parents or young people Can be taken as a direct payment in certain circumstances

Ceasing an EHC plan – section 45 EHC plans do not end when a young person leaves school EHC plans can be maintained for a young people aged 19-25 Have regard to whether the educational and training outcomes are achieved

Appeals – section 51 The First-Tier (SEND) Tribunal’s role continues, and extends to colleges Separate routes of complaint for health and social care Government commitment to review how redress could be brought together

Other developments in the Children and Families Act

Children and young people in custody Part 3, sections 70-75 Commencement April 2015 Pupils with medical needs in school Part 5, section 100, statutory guidance Commencement September 2014

Next steps

Must be laid before Parliament for approval Regulations Must be laid before Parliament for approval Includes regulations on: Assessments and plans Local offer Personal budgets Mental capacity

Code of Practice Currently out for consultation Must be laid before Parliament for approval Gives statutory guidance on how to interpret the legislation

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