1. Supporting students with SEND needs in Sixth Form: our best endeavours
Diana Fisher
Inclusive Learning Manager
Tracy Oko
Director of Student Services
Newham Sixth Form College (NewVIc)

2. Objectives of this session
Understand duties under new SEND Code of Practice
Know what “best endeavours” are
Identify best practice for you

3. NewVIc principles Ambition, Challenge, Equality
Over 2,500 students aged 16-19
Vocational and A level courses
Matrix award for Student Services

4. Our duties under the 2010 Equality Act eliminate discrimination advance equality of opportunity foster good relations between disabled and non-disabled children and young people.

5. Our legal obligations
We must not directly or indirectly discriminate against, harass or victimise disabled young people
We must make reasonable adjustments, including the provision of auxiliary aids and services, to ensure that disabled young people are not at a substantial disadvantage compared with their peers.
This duty is anticipatory – it requires thought to be given in advance to what disabled young people might require and what adjustments might need to be made to prevent that disadvantage

6. Many young people who have SEN may have a disability under the Equality Act 2010 – that is ‘…a physical or mental impairment which has a long-term and substantial adverse effect on their ability to carry out normal day-to-day activities’.
This definition includes sensory impairments and long-term health conditions such as asthma, diabetes, epilepsy, and cancer.
Young people with such conditions do not necessarily have SEN, but disabled child or young person requires special educational provision they will also be covered by the SEN definition.

7. So what is a ‘hidden disability’?
Hidden (or invisible’) Disabilities is an umbrella term that captures a whole spectrum of hidden disabilities or challenges that are primarily neurological in nature
Some people have difficulties understanding how a student's disability can be so debilitating
Educating peers and training staff is essential in meeting the needs of a rapidly growing cohort in our schools and colleges
The majority of impairments are not visible - less than 8% of disabled people use wheelchairs.
How many disabilities can you think of?
Figures from Papworth Trust

8. How many did you think of:
ADHD
Depression
Anxiety disorders
Dyslexia
Allergies
Epilepsy
Asperger Syndrome
Food Allergies
Attachment disorders
Irritable Bowel Syndrome
Asthma
Lactose Intolerance
Autism
Lupus
Bipolar disorder
Migraines
Brain injuries
Multiple Sclerosis
Chronic fatigue Syndrome
Psychiatric disabilities
Crohn’s disease

9. The case for change
Too many young people have their needs picked up too late.
Employment rates are poor: 46% of people with disabilities are in employment compared to 76% non-disabled. And only 7% of those with learning difficulties are employed.
Families feel they have to fight for the support and co-ordination between services that their children need.
The system is service driven rather than person-centred .
There are two separate systems: one for school and one for FE, with a ‘cliff edge’ for many at 16 and 19.
Young people with SEN are more likely to be NEET (30% of young people with statements of SEN at 16 are NEET at 18, compared to 13% without SEN)
Neither system focuses enough on life outcomes such as employment, community participation and independent living.

10. Children and Families Act 2014:
New 0-25 SEND Code of Practice – applicable to post-16 settings as well as schools
Local authorities must publish Local Offer of services Joint commissioning between education, health and social care
New Education Health and Care (EHC) plans replace statements and Learning Difficulty Assessments (LDAs)
Personal budgets offered as part of EHC plans
Strong focus on preparing for adulthood
The Act gained Royal Assent on 13 March this year. Some of the key provisions are:
Putting children, young people and their families at the centre is enshrined in the Act. It places a duty on local authorities, among other things, to have regard to the views, wishes, and feelings of the child and parent, or young person, help them participate in decisions as fully as possible and support them in helping them achieve the best possible educational and other outcomes. This is a really important focus of the Bill. Greater choice and control for families and young people.
All local authorities must publish a clear, transparent “local offer’ of services, so children, parents and young people can understand what is available; this must be developed with children, parents and young people. It must also be developed with providers, including post-16 providers.
A new, coherent system across all age ranges from birth up to 25, with Education, Health and Care Plans for those with more complex needs, replacing the current system of Statements and Learning Difficulty Assessments. These plans must reflect the child or young person’s aspirations for the future, as well as their current needs; this would also mean. There is a duty on health commissioners as well as local authorities to deliver the agreed plan.
The option of a personal budget for families and young people with an EHC plan, extending choice and control over their support.
Focus on preparing for adult life is really important if we are to improve life outcomes. Starts early, but colleges play a very important role.

11. New legal duties for providers
To co-operate with the local authority (a reciprocal duty)
To admit a young person, where the college/sixth form is named in their EHC plan
To have regard to the new 0-25 SEND Code of Practice
(mainstream providers only) to use their ‘best endeavours’ to secure the SEN provision the young person needs.

12. What does “Best Endeavours” mean?
Endeavours clauses are used in contracts governed by English law
Best endeavours (try your best)
All reasonable endeavours (try all that you reasonably can)
Reasonable endeavours (try)

13. What does “Best Endeavours” mean?
Best endeavours = most rigorous
Jet2com v Blackpool Airport
“to take all those steps in their power which are capable of producing the desired results….being steps which a prudent, determined and reasonable person, acting in his own interests and desiring to achieve that result, would take.”

14. NewVIc - Learning Support - Identifying a learner’s support need The process

15. What the reforms mean for us
Teachers and tutors are at the heart of the new SEND support system, with the support and guidance of specialist staff.
Focus on outcomes for the young person: be clear about the outcome wanted from any SEN support.
Be responsible for meeting special educational needs: use SEN and disability specialists and learning support assistants strategically to deliver high-quality, differentiated teaching, evaluate the quality of support and contribute to school improvement.
Have high aspirations for every student: set clear progress targets for students and be clear about how the full range of resources are going to help reach them.
Involve young people and parents in planning and reviewing progress: Seek their views and provide regular updates

16. What does success look like?
Positive outcomes for young people and their families
Positive experience of the system for young people and their families
Effective preparation for adulthood
Improved attainment and progression of students with SEND.
Increase in the percentage of KS5 SEND cohort going to, or remaining in, Education, Employment and Training (destination measures)
Young people and their families know what support there is and how to access it.
Planned and well managed transition at key points – particularly from school to college and from college into adulthood.
Parents and young people get the right support at the right time and feel that they are listened to and in control of their choices, decisions and opportunities.
Conversations about future aspirations start early – at least by Year 9 Review (with colleges being involved)
Increase in opportunities for young people to participate in programmes to help employability – e.g. apprenticeships, traineeships and supported internships.
More young people able to live independently post-college and participate fully in the community.

17. What does “Best Endeavours” mean?
High expectations for all. It is essential that there is a corporate responsibility.
What the barriers may be for these students?
What are the challenges for you?
What can you do to ensure you meet the needs of these students?

18. Best endeavours in your class
Am I reviewing their targets regularly?
Am I aware of the students with SEN in my class? Have I read their profiles?
Am I anticipating the students’ needs when lesson planning? Have I asked the SENCO for advice? Have I had training ?
Have I considered adapting resources and assistive technology?
Am I planning ahead so students with SEND can access trips , lectures and activities involving travel abroad as other students do?
Am I planning ahead with the Learning Support Assistant to ensure this resource is made the most of in lessons?
Am I aware of any exam access arrangements? Am I allowing extra time in class so that the student gets practise in using it?