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Children and Families Act 2014
and
The SEN Code of Practice (England)
Jeremy Watt
Deputy Head of CEAS
Directorate Children & Young People (DCYP)
Children and Families Act 2014
• Adoption and virtual school head;
• Family justice system;
• Special educational needs (including SEN Code);
• Child care;
• Office of the Children’s Commissioner;
• Share parental leave and flexible working.
Directorate Children & Young People (DCYP)
Special Educational Needs
Provisions based on:
‘Support and aspiration: a new approach to special educational needs
and disability’
March 2011: Green Paper published for consultation
September 2011: 20 pilot projects launched to test proposed reforms
May 2012: Report entitled ‘Support and aspiration: a new approach to
special educational needs and disability – progress and next steps’
Directorate Children & Young People (DCYP)
SEN: Main Provisions
• Introduction of a single assessment process for education, health
and care. Greater emphasis on parental inclusion in the
assessment process (disappearance of School Action and School
Action Plus);
• Change from Statements to Education, Health and Care plans;
• EHCPs cover the 0-25 age range;
• Joint commissioning between education, health and social care and
better communication between institutions and services;
• Initiation of pilot projects in 31 local authorities;
• Personal budgets for parents and young people with SEN;
Directorate Children & Young People (DCYP)
SEN: Main Provisions (cont.)
• The inclusion of all state-funded schools (maintained, free,
academies) and colleges in the SEN support system;
• Funding for degree-level specialist training for talented support staff
working with children with SEN;
• Similar rights and protections for young people with SEN in FE and
training, as for those children with SEN under 16;
• Supported internships to help young people with SEN learn the
skills they need for the workplace.
Directorate Children & Young People (DCYP)
Pilot Projects
Key Findings (January 2014) from the five pathfinder areas
• Areas appear to be retaining their previous approaches to
eligibility. So those who were eligible for a SEN Statement are
expected to be eligible for an EHC plan
• The largest change in eligibility is around 19-25 olds. As covered in
the legislation, young people in this age band may now be eligible for
support
• The five pathfinder areas that contributed to the report had developed
similar EHC planning pathways which included common elements
and sequencing. The pathways included five stages: referral;
considering if an assessment is required; co-ordinated assessment;
planning; and sign off
Directorate Children & Young People (DCYP)
Pilot Projects (cont.)
• There are differing approaches to some key elements in the
pathway in terms of: the amount of information that is gathered at the
referral stage; the extent of choice a family has over who will be their
EHC plan co-ordinator; whether the plan is written by a multidisciplinary team established on a case-by-case basis (the Team
Around the Child [TAC] approach) or drafted by the co-ordinator based
on the assessment; how plans are signed-off and approved; and the
step down process used for children and young people that were not
felt to require an EHC plan, which in some cases meant using the EHC
planning template on a non-statutory basis as a means of extending
the new way of working to all families;
Directorate Children & Young People (DCYP)
Pilot Projects (cont.)
• The EHC planning pathway is different to the SEN Statementing
process. There are three main points of difference: there is more
emphasis on gathering information from across services at the point of
referral; the family is much more involved through the co-ordinated
assessment and planning stages; and it produces a plan which is more
outcome focussed and family centred, having involved the family much
more;
• There remain a number of challenges in implementing the EHC
planning pathway. Overcoming these challenges will be important to
delivering the change envisaged, and pathfinders are identifying possible
solutions. They focus around proper co-ordination/co-operation between
agencies, and ensure that the EHC plan co-ordinator has sufficient time
to deliver a meaningful plan for each family;
Directorate Children & Young People (DCYP)
Pilot Projects (cont.)
• The new family-centred way of working can lead to better
quality plans as it enables the professionals to develop a more
comprehensive understanding of the child or young person.
‘Special Educational Needs and Disability Pathfinder Programme
Evaluation. Thematic Report: The Education, Health and Care
(EHC) Planning Pathway for families that are new to the SEN
system’
Full report available at:
www.gov.uk/government/organisations/department-for-education
(click in Children’s Services Professionals – SEN and disability)
Directorate Children & Young People (DCYP)
Children of Service Personnel
• Consultation with MoD at drafting stage under the auspices of
the Armed Forces’ Covenant;
• Section on ‘Children of Service Personnel’;
• Highlights implications of Service-induced mobility and
deployments for Service children with SEN and their families;
• Provides good practice guidance for schools, local authorities
and the SEN and Disability Tribunal;
• Signposts to CEAS and confirms continuation of statutory
assessment role.
Directorate Children & Young People (DCYP)
Child Care
Local authorities in England are required
• To provide sufficient free early education places (570 hours a year
over no fewer than 38 weeks a year) to all children living in their
areas from the beginning of the term after their third birthdays;
• To promote equality and inclusion, particularly for disadvantaged
families, looked after children, children in need and children with
disabilities or special educational needs by removing barriers of
access to free early education
Directorate Children & Young People (DCYP)
Child Care (Cont)
•
From September 2014, the Government intends to increase the
proportion of two year olds who will be eligible, so that around 40%
of two year olds in England can access an early learning place;
•
From September 2014, a two year old will be eligible for 570 hours of
early education if they meet anyone of the following criteria:
a) They meet the criteria used for free school meals
b) Their families receive Working Tax Credits and have annual gross
earnings of no more than £16190
b) Their families receive Universal Credit and have annual gross
earnings of no more than £16190
Directorate Children & Young People (DCYP)
Child Care (Cont)
d) They have a current Statement of SEN / an Education and Health
Care Plan
d) They attract Disability Living Allowance ; or
d) They have left care through special guardianship or an adoption or
residence order
Directorate Children & Young People (DCYP)
Any comments or questions?
Directorate Children & Young People (DCYP)