1. André Imich, SEN and Disability Professional Adviser, DfE
The contribution of the learner – The SEN legislative framework VITAL Conference London, 20 January 2015
Points of Clarification
1. Nomenclature:
Child = under statutory leaving age (16 years)
Young person = person over compulsory school age (16-25)
2. Key message – the same principles and the same vision applies to all ages 0-25 years
3. Post 16 Institutions often use the term ‘learning difficulties’. The term SEN is used in the Code across the 0-25 age range but has the same meaning.
André Imich, SEN and Disability Professional Adviser, DfE 1

2. Children & Families Act 2014 - Highlights
2. All duties apply to all state-funded schools, inc. Academies
1. Involvement of children, young people and parents
3. Coordinated assessment; Education, Health and Care Plan
7. Offer of a personal budget; more choice and control
4. LA, health and care services to commission services jointly
6. Statutory protections for 16-25s; focus on preparing for adulthood
5. A clear, transparent local offer of services for all CYP with SEND

3. Key principles
S19 of C&FA lays the foundation for working in partnership with children, YP and their parents and carers
LAs must have regard to:
The views, wishes and feelings of the child, YP and parent;
The importance of allowing them to participate in decisions relating to themselves/ their child
The importance of providing information to enable active participation in decision-making
The need to support the child, YP and parent to facilitate development and enable the best possible outcomes.

4. Post 16 decision-making
After compulsory school age (the end of academic year in which they turn 16), right to make requests and decisions applies to YP directly, not their parents.
Parents, or other family members, can continue to support YP in making decisions, or act on their behalf, provided that the YP is happy for them to do so.
Parents likely to remain closely involved in most cases.
Bottom line: A decision by a YP re an EHC plan will typically involve discussion with their family and others, but the final decision rests with the YP.
Exception – those judged to lack capacity.

5. YP has the right to:
request an EHC needs assessment (up to 25th birthday)
make representations about the content of EHCP
request that a particular institution is named
request a Personal Budget for elements of an EHCP
appeal to the First-tier Tribunal about decisions concerning their EHC plan

6. Preparing and reviewing the Local Offer
LAs must involve children and YP with SEND in:
planning the content of the Local Offer
deciding how to publish the Local Offer
reviewing the Local Offer, including by enabling them to make comments about it
LAs should ensure that:
children and YP feel they have participated fully in the process; have a sense of co-ownership - ‘co-production’.
their arrangements for involving children and YP include a broadly representative group of children and YP

7. The local offer and young people
LAs must
engage YP directly in developing and
reviewing the Local Offer.
LAs should:
engage a cross-section of YP with a range of SEND
establish the issues on which YP most want to be engaged.
consider using a variety of methods to engage young people.
aim, when organising participation events for YP, to ensure full accessibility by considering:
timing; transport; physical accessibility; accessibility of content; age appropriateness.

8. Education Health and Care Assessment and Plans
Highlight the child or young person’s strengths and capabilities
Enable the child or YP, and those that know them best to say what they have done, what they are interested in and what outcomes they are seeking in the future
Some children and YP will require support from an advocate to express views about their education, their health, the future and how to prepare for it.
Practitioners need to be skilled in working with children and YP to help them make informed decisions. All practitioners should have access to training so they can do this effectively.

9. One-page profiles

10. Young Inspectors, Isle of Wight: EHCP Feedback
Better than the old statement
Like that everyone can apply themselves
Mum had received the paper work really quickly
All about me - excited by this, enjoyed talking about themselves; felt that people could see who they were, not just a care plan or a condition.
Could not read the font as it was too small
The word strength had to be explained that it wasn’t physical strengths but things they were good at
Extremely happy about the plan and how it combined all of their needs and there weren’t lots of different papers
Worried about the outcome part, mainly because they were worried they would not meet these outcomes