1. Overview of the Children and Families Act 2014
Matthew Dodd

2. The Children and Families Act 2014
SEND reforms
The Children and Families Act 2014
Part 3: Children and Young People In England with Special Educational Needs and Disabilities
SEND Code of Practice – 0-25

3. 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

4. Working across agencies and institutions
Key changes
Working across agencies and institutions
Education Health and Care plans replacing statements of SEN
A birth to 25 system

5. 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

6. EHC assessments - section 36
Legal threshold for EHC assessments is broadly the same as for a statement An EHC assessment is an assessment of education, health care and social care needs Person-centred and outcome focussed

7. Content of EHC plans
Duty to secure the education and health provision specified in an EHC plan Stronger duties in relation to social care Must include particular sections but no national template

8. Naming an education institution
Very similar process to a statement An institution named in a plan must admit that child or young person Right extended to include colleges

9. Challenges
Securing input from health and social care Young people making their own decisions Understanding the offer for young people aged – esp. in college The 20 week timescale

10. Common challenges
Securing input from health and social care Preparing young people to make their own decisions Understanding the offer for young people aged – esp. in college The 20 week timescale

11. Best possible educational and other outcomes
EHC plans must focus on education, health and care outcomes that will enable progress
Distinction between aspirations and outcomes
‘A benefit or difference made to an individual as a result of an intervention’
Personal and ‘not expressed from a service perspective’ and not a description of a service being provided
What needs to be achieved by end of a phase or stage

12. outcome
Neat explanation of the difference between these different elements
The ingredients = the inputs = the provision, the equipment (like ingredients, all detailed specific and quantified)
The cooker = the process = the assessment, the learning, the development or the therapy
The cake = the output = the EHC plan or an EP report
The happy child = the outcome = benefit or difference made to an individual as a result of an intervention 12
RoIS F2F

13. Transitional arrangements for implementation of Part 3 of the Children and Families Act

14. Local authorities must follow an Order of Parliament
Main points
There are many children and young people who currently have statements of SEN or Learning Difficulty Assessments (LDAs). They must be transferred to the new system.
Local authorities must follow an Order of Parliament
There is also statutory guidance which gives further detail
The relevant documents are
The Children and Families Act 2014 (Transitional and Saving Provisions) (No.2) Order An Order is a form of legislation approved by Parliament
and
Statutory guidance: Transition to the new 0 to 25 special educational needs and disability system: Statutory guidance for local authorities and organisations providing services to children and young people with SEN

15. The process for transferring statements and LDAs are different.
Main points
By April 2018, local authorities must undertake a ‘transfer review’ for every child and young person with a statement.
Young people will no longer receive support resulting from an LDA from September Any young person with an LDA who needs an EHC plan must have one by that date.
The process for transferring statements and LDAs are different.

16. Developing a local transition plan
Local authorities should have published a local transition plan by September 2014
The local transition plan should include information on:
The order in which children and young people will be transferred to the new system
How the transfer review process will be conducted
Sources of information and advice
A local authority should have published its first local transition plan in September 2014 to ensure that parents and young people can access information about when they will be transferred to the new system and how the transfer process will work.
Local authorities should have co-produced the local strategy with children, young people and parents.
Independent Supporters should familiarise themselves with the local transition plan

17. Who must be transferred in 2014/15
Local authorities must transfer children and young people with statements of SEN if they are moving from a school (including school sixth forms) to a post-16 institution or an apprenticeship in the following year. The EHC plans must be finalised by 31 May 2015
The statutory guidance also sets out a list of those local authorities should seek to prioritise in 2014/15 if local circumstances allow
The Order tells local authorities who they must transfer in each year. The requirements in 2014/15 are fairly small, giving local authorities maximum flexibility in the first year.
The statutory guidance also sets out a list of those local authorities should seek to prioritise in 2014/15 if local circumstances allow. The list includes:
Children and young people with non-statutory EHC plans issued as part of the pathfinder programme;
Children in Year 9; and
Children and young people about to transfer from one phase of education to another.

18. Who must be transferred from 2015 onwards
Between 1 September 2015 and 1 April 2018, local authorities must undertake ‘transfer reviews’ for children and young people with statements who are:
in year 9; or
about to transfer from one phase of education to another

19. The transfer review process
Every child or young person with a statement must receive a transfer review to be moved to the new system. Young people with LDAs do not receive a transfer review.
The transfer review is three stages
Step 1 – informing parents and young people
Step 2 – undertaking an EHC needs assessment
Step 3 - Concluding the transfer review
The purpose of the transfer review is to assess whether a child or young person needs an EHC plan.

20. The transfer review process
Step 1 – informing parents and young people
A local authority must inform parents or the young person at least two weeks prior to the commencement of the transfer review.
Where possible, the transfer review should be timed to replace the annual review of the statement.
A local authority must ensure that the child’s parents or the young person are invited to a meeting with a relevant officer of the authority to contribute to the transfer review. Parents or young people must be given at least 2 weeks notice of the meeting
Local authorities must undertake a ‘transfer review’ for every child or young person with a statement to decide whether they need an EHC plan

21. The ‘transfer review’ process
Step 2 – undertaking an EHC needs assessment
As part of the ‘transfer review’, a local authority must undertake an EHC needs assessment under section 36 of the Children and Families Act 2014.
The relevant Regulations and sections of the Code of Practice apply to the EHC needs assessment as normal.
A local authority must gather new professional advice as part of the assessment, unless the local authority, the parent or young person, and the professional who gave the advice agree that the existing advice is sufficient.
Local authorities must carry out an EHC needs assessment in line with the Special Educational Needs and Disability Regulations 2014 and must have regard to the s19 principles:
The EHC needs assessment is the responsibility of the local authority. Schools cannot be asked to lead the process.

22. The ‘transfer review’ process
Step 3 - Concluding the ‘transfer review’
Following the EHC needs assessment, a local authority must decide whether an EHC plan is necessary
The legal requirement to draw up an EHC plan is the same as for a statement. It is expected that all children and young people who have a statement, and who would have continued to have one under the current system, will transferred to an EHC plan.
If a local authority decides an EHC plan is necessary, it must issue a draft plan for parents or the young person to comment on.
The statutory guidance states that no child or young person should lose their statement and not have it replaced with an EHC plan simply because the system is changing.
In the same way as with EHC plans for new entrants, a local authority must issue a draft plan for parents or the young person to comment on. The draft plan must not name a school or college and a parent or young person can then request a particular school or college is named

23. Concluding the ‘transfer review’ continued…
Parents or young people have a right to appeal against a refusal to issue an EHC plan. A local authority must maintain the child or young person’s statement until any appeal has been concluded.
The EHC plan must be finalised within 14 weeks of the letter informing parents of young people of the ‘transfer review’ being sent.
Once the EHC plan is finalised, the child or young person’s statement is ceased.

25. Common challenges
Capacity in local authorities, and maintaining quality Ability to gather additional evidence Securing input from health and social care The 14 week timescale

26. Young people with LDAs
Young people who receive support through LDAs will not be automatically transferred to the new system or receive a ‘transfer review’.
Local authorities should seek to identify young people with LDAs and who might need an EHC plan.
Local authorities must consider an EHC assessment where:
a request for an EHC assessment is made by a young person with an LDA; or
a young person with an LDA who has, or may have, SEN is brought to their attention.
Children and young people with statements automatically get a ‘transfer review’ and an EHC needs assessment. Young people with LDAs do not automatically get an EHC assessment and the local authority must consider whether an EHC assessment is necessary.
From 1 September 2014 LAs should take all reasonable steps to inform YP in further education or training who receive support as a result of a LDA of their option to request an EHC assessment and how this could benefit them
The decision about whether a young person with an LDA should receive an EHC needs assessments is the same decision as for anyone else. That is: whether it “may be necessary for SEN provision to be made for the child or young person in accordance with an EHC Plan “

27. ‘Non-statutory’ EHC plans
Any EHC plan issued before September 2014 is ‘non-statutory’ because it was created before the new law was in force A number of children and young people were issued with ‘non-statutory’ EHC plans, usually as part of the pathfinder programme In order to create statutory EHC plans for these children and young people, a local authority must carry out an EHC needs assessment
In relation to children and young people with ‘non-statutory’ EHC plans, the statutory guidance states:
“it is highly unlikely that a child or young person issued with a non-statutory EHC plan will not require a statutory EHC plan”;
“it is likely that the consideration period [for whether an assessment is necessary] will be a simple formality. Only in very exceptional cases would it be expected to take as long as six weeks”;
“Although local authorities have a maximum of 20 weeks… in many cases the process should be completed in a much shorter timeframe”.