Implementing the reforms to special educational needs and disability Update – September 2013 NOTE: These slides are for use by DfE/DH, pathfinder champions and other partners when communicating with local areas about the SEND reforms. They are a resource bank and should be used selectively/customised depending on the audience

A reminder: the case for change The current system is not working for families and children: Too many children with SEN have their needs picked up late; Young people with SEN do less well than their peers at school and college and are more likely to be out of education, training and employment at 18; Schools and colleges can focus too much on the SEN label rather than meeting the child’s needs, and the current Statements/ Learning Difficulty Assessments do not focus on life outcomes; Too many families have to battle to find out what support is available and in getting the help they need from education, health and social care services; and When a young person leaves school for further education, they enter a very different system which does not carry forward the rights and protections that exist in the SEN system in schools.

Our vision Children’s SEN are picked up early and support is routinely put in place quickly; Staff have the knowledge, understanding and skills to provide the right support for children and young people who have SEN or are disabled; Parents know what they can reasonably expect their local school, college, LA & local services to provide, without having to fight for it; Aspirations for children and young people are raised through an increased focus on life outcomes, including employment; For more complex needs, an integrated assessment and a single Education, Health and Care Plan are in place from birth to 25; and There is greater control for parents and young people over the services they and their family use.

The SEND Reform Journey March 2011 Green Paper: Support and aspiration: A new approach to special educational needs and disability May 2012 Support and aspiration: Progress and next steps Sept 2012 Draft provisions published for pre-legislative scrutiny by the Education Select Committee Feb 2013 Government response to pre-legislative scrutiny; and Children and Families Bill introduced to Parliament March 2013 Indicative draft regulations and a draft Code of Practice published for committee stage of the Bill, informed by pathfinder learning Spring 2014 Royal Assent (subject to Parliamentary approval) Issue final Code of Practice Sept 2014 Legal changes commence in practice (meeting original Green Paper commitment for reforms in place by 2014) Autumn 2013 Public consultation on regulations and Code of Practice, informed by further pathfinder learning

Progress update The Children and Families Bill (Part 3 - SEN) has progressed through Commons Committee with thorough scrutiny, and been debated at Lords second reading. Pathfinders continue to play a vital role to: Contribute to the draft Regulations and Code of Practice Provide case study examples of progress and impact on families The Bill will be scrutinised in Lords Committee next month, where again pathfinder learning will be crucial. Pathfinder champions are up and running, with a number of regional conferences held in July, and more to come

New requirement for LAs, health and care services to commission services jointly, to ensure that the needs of children and young people are met. LAs to publish a clear, transparent ‘local offer’ of services, so parents and young people can understand what is available; developed with parents and young people. More streamlined assessment process, co-ordinated across education, health and care, and involves children and young people and their families throughout. New 0-25 Education, Health and Care Plan, replacing the current system of Statements and Learning Difficulty Assessments, which reflects the child or young person’s aspirations for the future, as well as their current needs. Legislation - key highlights

A new duty on health commissioners to deliver the health elements of EHC plans. Option of a personal budget for families and young people with a plan, extending choice and control over their support. 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 stronger focus on preparing for adulthood including new powers for LAs to provide children’s services to young people over 18 to improve transition to adult services. Academies and Free Schools to have the same SEN duties as maintained schools. Legislation - key highlights (2)

We will shortly be publishing new regulations and a new SEN Code of Practice for consultation. Both the regulations and the Code have been strongly informed by pathfinder learning. The Children and Families Bill has been through Commons Committee stage and been introduced into the House of Lords. The Lords Committee will consider the Bill in October. More than 200 amendments were tabled and debated during the Commons Committee. During Commons Committee Stage, the Government introduced an amendment requiring health commissioners to deliver the health aspects of an EHC Plan. Debate focused on a number of issues, the most prominent being the provisions on the scope of the SEN definition, the position of health and social care, the local offer, inclusion and school choice, personal budgets and post-16 provisions. Legislation – current position

Pathfinder progress 20 pathfinders, made up of 31 local authorities are leading the way to develop effective approaches to implementing the reforms. The programme has been extended until September 2014, to enable pathfinders to scale up their test approaches to whole areas, and support non-pathfinder areas to prepare for implementation of the reforms. The pathfinder programme is central to informing new legislation. The Children and Families Bill has been revised to reflect pathfinder learning, for example: Pathfinders’ experience of person centred planning has influenced the clauses on assessment and EHC plans, ensuring that parents’ and young people’s views and aspirations are taken into account at all stages of the process. Pathfinder learning and evaluation is feeding into further development of regulations and the new SEN Code of Practice.

Pathfinder Champions LondonBromley and Bexley South EastSE7 (consortium of seven LAs) and Southampton South WestWiltshire North EastHartlepool East MidlandsLeicester City East of EnglandHertfordshire West MidlandsSolihull Yorkshire & HumberNorth Yorkshire and Calderdale North WestGreater Manchester Group (Wigan, Trafford and Manchester) Each region has a pathfinder champion, to provide advice and support to non-pathfinder areas as they prepare for implementation of the reforms:

June SQW pathfinder evaluation findings Pathfinders are increasingly family and outcome focussed with improved multi agency working and holistic single planning. Parents have been involved fully as part of the assessment and planning process, through the use of person / family centred approaches and key working. New approaches were reported to have increased choice and control for families. Challenges for the next phase of pathfinding include: how to scale up approaches to a whole area in a sustainable way e.g. key working; fully engaging children and young people; developing approaches that work for new entrants to the system. An impact evaluation will be published in September 2013, assessing the experiences and outcomes achieved by around 200 families with the first EHC plans.

Pathfinder learning - highlights 12 Pathfinder learning is being evidenced through a suite of ‘information packs’ demonstrating effective ways to implement the reforms. The packs are available at together with additional case studies. Highlights include: Excellent practice in engaging with families, evident from the beginning of the pathfinder programme. Strong examples of good practice are emerging on engaging children and young people, early years settings, schools and post 16 institutions. Pathfinders are picking up pace in developing their local offers, taking time to fully involving parents and young people in drawing up the offer and ensuring it meets their needs. The local offer needs to be engaging, accessible, transparent and comprehensive.

Pathfinder learning – highlights continued There is a culture shift in assessment and planning, with a growing emphasis on personalisation and multi-agency, outcomes-based approaches, supported by keyworking. Families and young people have welcomed the opportunity to help design an EHC plan which meets their needs and aspirations. A group of pathfinders has accelerated testing on personal budgets, focusing on personalisation and understanding outcomes, clarifying funding and supporting schools and colleges. Pathfinders are showing what can be achieved, and that putting these reforms in place takes time, energy and determination. 13

Next steps – pathfinders and Bill Sept 2013 Second SQW interim evaluation report published – quantitative data based on first families with EHCPs Next set of pathfinder information packs published Spring 2014 Royal Assent (subject to Parliamentary approval) Sept 2014 Legal changes commence in practice (meeting original Green Paper commitment for reforms in place by 2014) Autumn 2013 Public consultation on regulations and Code of Practice, informed by further pathfinder learning

15 Reform partner Expertise and advice to government and interested parties including the public and voluntary sectors Identifying and supporting evidence on what works to inform policy and practice Expertise and co- production Developing networks to promote engagement with the reforms Creating an information exchange on SEN and disability and the reforms A Countdown to Change Programme Information and engagement Building capacity and engagement with the reform process Support for the VCSE sector

Challenges for implementation – assessment and planning Engagement of children and young people. Developing co-ordination of assessment across partners including health and social care – full end to end process. Resourcing and accountability for EHCPs. Refining formats of EHCPs: defining outcomes well; clear and specific provision; meeting expected legal requirements. Developing sustainable, whole area, 0-25 approaches which keep families and young people at the centre of the process - training requirements for keyworking.

The pathfinders have shown that the workforce development and culture change needed to implement the reforms take time, typically over a year. The proposals for joint commissioning, a local offer and personal budgets require a strategic approach to planning services and market development, based on clear understanding of the needs of children, young people and families. Now is the time to engage with the pathfinder champion in your region and think about the steps you need to take to prepare for implementation. 17 Next steps for all areas

ADDITIONAL SLIDES IF NEEDED 18

Changes following pre-leg scrutiny Involvement of children, young people and their parent-carers at the heart of legislation, including assessments and the local offer Parent protections maintained and extended: e.g. requesting an assessment Over- arching Arrangement for parents and young people to receive information on mediation Can opt to try mediation or to go straight to appeal Mediation Involve children young people and parents in reviewing the local offer LAs to publish comments about the local offer and what action they will take to respond Consult parent-carers and young people when reviewing provision Local offer

Developing proposals for providing co-ordinated information, advice and support for parents and young people across education, health and social care; and ensuring that local authorities consider support parents need to navigate the assessment process Provision in the Bill for joint commissioning arrangements and regulations on assessments to include such support. Health Code of Practice approved by Parliament (by negative resolution) Code of Practice EHC Plans can continue whilst on an Apprenticeship where appropriate Youth Offending Teams in co-operation duties ISPs included in scope of Bill Post-16 Changes following pre-leg scrutiny (2)

The Mandate : from the Government to the NHS Commissioning Board: April 2013 to March 2015 Sets priorities for the NHS for the coming two years. The NHS Commissioning Board is legally required to pursue the objectives in the Mandate. CCGs have a statutory duty to act consistently with the Mandate (and meet any commissioning guidance the Board chooses to issue to deliver against the Mandate). The Mandate states: “…there is a particular need for improvement, working in partnership across different services… in supporting children and young people with special educational needs or disabilities. The Board’s objective is to ensure that they have access to the services identified in their agreed care plan, and that parents of children who could benefit have the option of a personal budget based on a single assessment across health, social care and education.” 21

How Joint Strategic Needs Assessments and Joint Commissioning inter-relate

EHC personal budgets Once an LA confirms a plan is necessary, a parent or young person can request an EHC personal budget. This is an amount of money identified to achieve outcomes agreed in an EHC plan. It may be managed in three ways: 1.The local authority manages the funds and commissions the support specified in the EHC plan (sometimes called “notional arrangements”). 2.The funds are paid to a third party to manage on behalf of the parent or young person. 3.The funds are paid to the parent or young person as a direct payment, and they buy the provision specified in the plan. An EHC personal budget should cover only the special individualised provision made available through the EHC plan. 23

Funding EHC Personal Budgets can definitely come from funding provided by the LA from their high-needs block can possibly come from funding managed by a school or college, if the head or principal agrees. It is normally these additional funds, beyond the normal provision the school would deliver as set out in the local offer, that would be offered as part of an EHC personal budget. 24 Base funding, notional SEN budget and high-needs block funding enable schools and colleges to provide teaching and support arrangements for all of their pupils and students. If individual needs exceed the level of provision the school or college normally provides, additional funds: School or college budget High-needs block Personal budget Health provision if agreed by school/college Social care provision

Post 16 changes in Bill Local authorities to involve post-16 institutions when reviewing their special educational provision and developing their local offer; Enable post-16 institutions to request an assessment of education, health and care needs; Allow young people to express a preference for a particular school, FE college or ISP (including Free Schools and Academies) and require that institution to admit them; Require local authorities to consult schools, colleges and ISPs about young people they would like to place with them, and send a copy of their EHC Plan to them; FE colleges and ISPs must have regard to the Code of Practice; Local authorities can provide children’s services to young people over 18.