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The Draft SEN Code of Practice November 2013
What the Code is Nine chapters Statutory guidance on duties, policies and procedures relating to Part 3 of the Children and Families Bill and associated regulations. Provides practical advice on how to carry out statutory duties to identify, assess and make provision for children and young people with special educational needs (SEN).
Chapter 1 - Introduction The duty to “have regard” to the code Transition arrangements Definitions of special educational needs (SEN) Related legislation and guidance
Who must have regard to the Code local authorities (education, social care, relevant housing, employment and other services) early years providers schools FE colleges sixth form colleges academies/ free schools SEND Tribunal independent special schools and independent specialist providers pupil referral units and alternative providers NHS England clinical commissioning groups (CCGs) NHS trusts NHS Foundation Trusts Local Health Boards
Chapter 2 The Principles Underpinning the Code
Involvement of children, young people and parents in decision making
Improved identification of children and young people’s needs
Collaboration between education, health and social care to provide support
High quality provision to meet the needs of children and young people with SEN
Greater choice and control for young people and their parents over their support
www.preparingforadulthood.org.uk Successful preparation for adulthood, including independent living and employment
Chapter 3 – A Family Centred System Focus on: Involving children, parents and young people in decision making The views of children and young people Supporting young people and their parents Impartial Information, Advice and Support Parent Carer Forums
Chapter 4 - Working Together Across Education, Health and Care Working together for positive outcomes Joint commissioning arrangements Roles and Responsibilities Designated Health Officer Developing a Joint Understanding of Local Needs Joint Planning and Delivery Regional Collaboration The health commissioning duty Joint Review/ Improving Provision
Chapter 5 - The Local Offer Principles – Collaborative; Accessible; Comprehensive; Transparent What must be included in the local offer Publishing the local offer Preparing and reviewing the local offer
Chapter 6 - Early Years, Schools, Colleges and Other Education and Training Providers High expectations for children and young people with SEN – achieving outcomes; Support for children and young people with SEN; The four areas of SEN; SEN Support in: Early Years; Schools; Further Education Funding for SEN Support Admissions and Inclusion External Support in Educational Settings
High expectations for children and young people with SEN Mainstream schools and FE providers must: - use best endeavours to ensure that necessary provision is made for any individual who has SEN; - co-operate with their local authority in the local offer. Maintained nursery schools and mainstream schools, must: - designate an appropriate member of staff (SENCO) to have responsibility for co-ordinating SEN provision; - ensure that children with SEN take part in school activities together with children who do not have SEN; - publish information on their SEN policy.
Key responsibilities of SENCO include: Overseeing day-to-day operation of the school’s SEN policy; Coordinating provision for children with SEN; Liaising with designated teacher where a LAC has SEN; Advising on graduated approach to providing SEN Support; Advising on use of school’s delegated budget/ other resources; Liaising with parents of children with SEN; Liaising with early years providers, secondary schools, EPs, health and social care professionals, and independent or voluntary bodies; Liaising with potential next providers of education; Working with the head teacher and school governors ensuring that the school meets its responsibilities under the Equality Act Ensuring that the school or maintained nursery keeps the records of all children with SEN up to date.
SEN Support in Mainstream - Eligibility “Where pupils continue to make inadequate progress, despite high-quality teaching targeted at their areas of weakness, the class teacher, working with the SENCO, should assess whether the child has a significant learning difficulty. Where this is the case, then there should be agreement about the SEN support that is required to support the child.” Model of support and intervention: Assess Plan Do Review
Chapter 7 - Assessments and Education, Health and Care Plans The need for an EHC assessment Co-ordinated assessment, planning and timescales EHC assessment and planning process Advice and information for EHC assessments Writing the EHC Plan Requests for a school, college or other institution Requesting a personal budget Reviewing an EHC Plan
Chapter 8 - Children and Young People in Specific Circumstances Looked after children Care leavers SEN and social care needs, including children in need Children and young people educated out of area Children and young people with SEN educated at home Children with SEN in alternative provision Young offenders in custody Children of service personnel
Chapter 9 - Resolving Disputes Principles Early resolution of disagreements Disagreement resolution arrangements Mediation Parent and young people’s rights to appeal to Tribunal Disability discrimination claims Complaints about NHS or social care provision
Next Steps Consultation ends 9 December 2013 Royal Assent Spring 2014 Implementation 1 September 2014
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