1. SEND Single Route of Redress - National Trial
Aims and Context
A more holistic view of the child or young person’s needs
Encourage joint working
Bring about positive benefits to families.
Pilot in 17 LAs over 15 months from June 2015.
Two year national trial expanding the powers of the First-tier Tribunal SEND
Will apply to local area decisions from 3 April 2018 and to all LAs and CCGs
Non-binding recommendations about the health and social care aspects of EHC plans alongside an education appeal, but commissioners will be expected to follow them - families can complain to the Ombudsmen or, in exceptional circumstances, seek to have the decision judicially reviewed
An evaluation looking at implementation processes, the perceived outcomes on families and agencies and economic/cost data will inform a decision on future roll-out.
Roles and Responsibilities
SEND Tribunal will have powers to: Recommend that health and/or social care needs and/or provision are specified or amended in plans and send a copy of the recommendation to health commissioners as well as the LA
LA SEND teams will need to: Inform parents/young people of their new rights including through decision letters and the local offer, provide evidence to the Tribunal from the health and social care bodies in response to the issues raised within the timeframe set by the Tribunal, bringing additional witnesses to the hearing if necessary, and send the health and/or social care response to the evaluators following the decision.
Health and social care commissioners will need to: Respond to any request for information and evidence within the timeframe set by the Tribunal, attend the hearing if required and respond to the family and the LA within 5 weeks of a decision setting out the steps they have decided to take or why they are not going to follow the recommendation.
Families may wish to: Be clear about whether there is a health or social care issue and what the issue is, receive support through IASS and other organisations in preparation and feedback to the evaluators after any hearing or outcome
IASS and VCS organisations should: Disseminate information on the trial, communicate the new rights to parents and young people and provide support.
Support package
Regional induction events in January/February 2018 for local areas
Guidance document for education, health and social care professionals and parents and young people
Tool Kit for LA’s with templates and FAQ
Ongoing support through a helpdesk and our advisers.
Aims and context
Currently you can only appeal to the tribunal over the education aspects of EHC plans. During the passage of the Children and Families Act, there was pressure from Lords, parents and the sector that the health and social care aspects of EHC plans should also be addressed by the tribunal
This was because it reinforces the person-centred nature of the reforms so that the Tribunal can take a holistic view of needs and makes sense given the broader remit of EHC plans. It would also reduce the burden on families going down 3 routes of complaint. And will improve joint working and commissioning.
A pilot was carried out in 17 LAs over 15 months from June The evaluation showed:
Health and social care disagreements were resolved and it acted as a ‘lever’ to promote resolution prior to the hearing
It stimulated more joint working across education, health and social care and increased the knowledge and understanding of the system
Most stakeholders, including parents and LAs, supported the principle
However, there was not enough evidence (with only 30 cases) to enable assessment of the impact of the pilot with regard to health and social care responsiveness to recommendations, or any wider implications for the sectors
Because of this Ministers decided to run a national trial from 3 April 2018
We want the trial to be bigger and longer than the pilot so that we get more cases
It will run for 2 years, applying to local area decisions from 3 April 2018
Will involve all LAs and CCGs
It will follow the same principles of the pilot so will need an education trigger ie they need to also have an education appeal
It will remain non-binding on health and social care but with a strong expectation that recommendations will be followed, with the opportunity to complain to the Ombudsmen or, in exceptional circumstances, seek judicial review.
We have set up a steering group of sector representatives to feed into development and delivery of the trial.
An evaluation looking at implementation, outcomes for families and commissioners/services and costs will inform a decision on future roll-out. This is likely to include an appellant and LA/CCG survey, case studies in local areas, analysis of response to recommendation letters as well as an analysis of Tribunal and complaint data. Please do get involved in the evaluation and encourage your colleagues to get involved – it’s important your voice is heard.
Roles and responsibilities
There will be new duties on the Tribunal, health and social care commissioners and SEND teams as well as new expectations.
The Tribunal will have new powers to recommend that health and social care needs and provision are specified or amended in plans and duties to send a copy of the recommendation to health commissioners as well at the LA
LAs will have duties to include information on the extended powers in their decision letters and Local Offers and send the health and social care commissioners response to the recommendation to the evaluator. They will also be expected to be the main coordinator, contacting health and social care about the issues raised and gathering their response and evidence to send to the Tribunal.
Health and social care commissioners will be expected to provide evidence and attend the hearing if required, and will have a duty to respond to the parent and LA on whether they will carry out the recommendation.
Families may wish to receive support from IASS organisations and others and we would encourage them to get involved in the evaluation.
IASS and VCS organisations will have a role to play in disseminating information and providing support.
Support package
We have commissioned Mott Macdonald, as part of our DBOT consortium, to facilitate the national trial and provide support. The support package consists of 5 elements:
1. Induction events – We are planning 12 regional events across England in January and February 2018 to engage and communicate with key education, health, and social care colleagues - parent representation will be through the NNPCF at a regional level. The events will cover the new duties and expectations on local areas and the support available. We expect attendees to disseminate the information to their teams and networks.
2. Guidance for local areas – We will be producing guidance for LAs, health and social care professionals outlining their duties, how the trial will work and the support available
3. Guidance for parents and young people – We will also produce guidance for parents and young people, which can be used by support organisations too
4. Tool Kit – To help LAs implement the requirements we will be providing a tool kit with template wording and a FAQ document to answer all the common questions we receive. If you have any questions on the process do us have them and we can include in the FAQ document.
5. Ongoing support – We will be providing ongoing support through a helpdesk and our advisers.
Communications
It is important that local areas and families are aware of these new powers and the support available so that the trial is a success. You will have seen the letter from the Minister announcing the national trial on 23 October. That was the start of our communication activity and we are planning to use a variety of channels and events. Please do help us to spread the word and also let us know if you want us to speak at an event or would like some slides, etc.
Communications
Full communication plan being developed and the letter to LA’s from the Minister on 23 October was the start… but we need your help to spread the word