Transcript Slide 1

SEN and Disability Green Paper
Update on draft legislation and
pathfinder programme
September 2012
A reminder: the case for change
The current system is not working for families and children:
Too many children with SEN have their needs picked up late;
Young people with SEN do less well than their peers at school
and college and are more likely to be out of education, training
and employment at 18;
Schools and colleges can focus too much on the SEN label
rather than meeting the child’s needs, and the current
Statements/ Learning Difficulty Assessments do not focus on life
outcomes;
Too many families have to battle to find out what support is
available and in getting the help they need from education,
health and social care services; and
When a young person leaves school for further education, they
enter a very different system which does not carry forward the
rights and protections that exist in the SEN system in schools.
Green Paper 2011: Support and Aspiration
Our vision is of a system in which:
 Children’s special educational needs are picked up early and
support is routinely put in place quickly;
 Staff have the knowledge, understanding and skills to provide the
right support for children and young people who have SEN or are
disabled wherever they are;
 Parents know what they can reasonably expect their local
school, local college, local authority and local services to provide,
without them having to fight for it;
 For more complex needs, an integrated assessment and a single
Education, Health and Care Plan from birth to 25; and
 There is greater control for parents over the services they and
their family use.
 Aspirations for children and young people is raised through an
increased focus on life outcomes
Key policy developments
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Edward Timpson MP appointed Parliamentary Undersecretary of State
(Children and Families);
Draft legislation published for pre-legislative scrutiny in September 2012;
Support and Aspiration: Progress and Next Steps published in May
2012;
Children and Young People’s Health Outcomes Forum submitted its
recommendations to the Secretary of State for Health in July (including on
children with disabilities and long term conditions);
Supported internship study programme is being trialled in colleges to
provide opportunities for young people with complex needs to gain
employment
Changes to safeguarding guidance: Department reviewing responses to
consultation on revised statutory guidance Working Together to Safeguard
Children and Managing Cases: Framework for the Assessment of Children
in Need and their Families.
Draft legislation - key highlights
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New requirement for local authorities, health and care services to
commission services jointly, to ensure that the needs of disabled children
and young people and those with SEN are met.
LAs to publish a clear, transparent ‘local offer’ of services, so parents and
young people can understand what is available.
More streamlined assessment process, which integrates education,
health and care services, and involves children and young people and their
families.
New 0-25 Education, Health and Care Plan, replacing the current system
of Statements and Learning Difficulty Assessments, which reflects the child
or young person’s aspirations for the future, as well as their current needs.
Option of a personal budget for families and young people with a Plan,
extending choice and control over their support.
New statutory protections for young people aged 16-25 in FE and a
stronger focus on preparing for adulthood.
Academies, Free Schools, Further Education and Sixth Form colleges to
have the same SEN duties as maintained schools.
Timetable for legislative reform (indicative)
Allows the provisions to
be informed and
improved by the views
and evidence of
stakeholders, and to
continue to learn from
the experience of the
Pathfinders
Early 2013
Indicative Draft
Regulations and a
Draft Code of
Practice published
for consultation,
informed by
pathfinder learning.
September to
December 2012
Period of prelegislative scrutiny
led by the
Education Select
Committee
Spring 2014
Royal Assent
(subject to
Parliamentary
process)
December 2012
Education Select
Committee
publishes a report
of its findings
September 2014
Implementation of
provisions (meeting
original Green
Paper commitment
to have reforms in
place by 2014)
Early 2013
Children and
Families Bill
introduced into
Parliament.
From now until
Enactment:
• 1996 Education Act
and current Code of
Practice still applies
• Transition
arrangements will be
clarified by DfE
Pre-legislative scrutiny
• Sarah Teather invited Education
Select Committee to carry out prelegislative scrutiny
• Select Committee agreed on 6
September and set out its general
and specific questions
• Written evidence by 11 October
• Two evidence sessions in October
and November
• A report published before the
House rises for Christmas on 19
December.
What is pre-leg scrutiny?
Usually involves gathering
written evidence and holding
hearings – opportunity for
parents, professionals and
national groups to communicate
their experiences, concerns and
ideas.
Select Committee Questions
(general)
• Does the Bill meet Government’s
objective to improve provision?
• Will provisions cut red tape and
delays in giving specialist support?
• What will be the cost?
• What impact on current
institutional structures?
• Transitional arrangements?
• What can be learned from pilot
schemes?
• Anything missing?
But it’s not just about the legislation…..
Draft clauses are the high level architecture – there will be more detail in
Regulations and the new Code of Practice. There are wider changes
happening in the ways that professionals work with children, young people
and Families, for example:
Change in local practice
• Pathfinders
• Delivery Partners
• Supported Internships
• Achievement for All
Improvements in
professional development
Wider reforms
• SENCO training
• Initial Teacher Training
• CPD & scholarships
• VCS
• Health and Social Care
• Early identification through
2 year old progress check;
investment in health visitors
• School funding reforms
Pathfinder update: Purpose of the
Pathfinders
The 20 SEND pathfinders (representing 31 LAs and their Health
partners) are working towards the following common objectives:
• Develop a new 0-25 assessment process and a single plan which
bring together the education, health and social care services on which
children and young people who are disabled or have SEN and their
families rely and focuses on improving outcomes;
• Explore how the voluntary and community sector could ensure
access to specialist expertise and introduce more independence to the
process;
• Ensure the full engagement of children, young people and their
parents and families, schools and colleges; and
• Improve choice and control for children, young people and their
families through the use of personal budgets and direct payments.
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Evaluation - early findings
• Good progress has been made in setting up partnerships and
engaging families
• A range of approaches to the single assessment process, from
bringing together the results of specialist, separate assessments to a
single assessment event. The greatest focus so far has been on a
single planning process.
• More family and young person centred processes are in place,
using keyworking to improve communications
• The capacity of health, education and VCS to engage remains a
concern in some areas
• A challenge remains about how to scale up approaches to a whole
area in a sustainable way e.g. key working
Pathfinder learning: cultural change
In many areas, pathfinders are successfully integrating education, health
and social care assessment functions and administration to develop a
more coherent offer for children, young people and their families:
Bromley and Bexley:
• Children and Young People Services
and Adult Services integrated to become
the Education and Care Services with a
single commissioning division.
• A shared vision for young people
developed - through a visioning day,
attended by a wide range of stakeholders
(including LA services, schools, colleges,
health, families, young people and the
voluntary sector).
Devon:
• Major training programme aimed at
1000 Integrated Children’s Services staff,
360 schools and other key stakeholders,
including parents and children and young
people.
•Working with In Control to set out a new
framework for Person Centred practice
•Aiming to align all their current Common
Assessment Framework (CAF) and multiagency working training to a more
personalised agenda.
Pathfinder learning: Local Offer
Pathfinders are actively developing their local offer, with many focusing
initially on schools and colleges. In some areas, VCS organisations or
parent partnerships services are leading on development of the offer:
Northampton & Leicester City and
Manchester
Development of the local offer is led
by parent partnership services and
parent carer representatives.
Nottingham
NAVO (an umbrella organisation for local
VCS) has the lead.
SE7
A working group of parent carers and
parent partnership services has consulted
with parent carers and practitioners to a
agree a common set of principles for its
local offer framework, covering all seven
pathfinder authorities.
Bromley & Bexley
Development is being led by XbyX and
Mencap
Pathfinder Learning: single assessment
process and plan
Most pathfinders have developed and agreed the pathway and format of
their single assessment and planning process:
Southampton,
• A new virtual team across education,
health and care is dealing with all new
referrals.
• Five Special Schools are undertaking
consultation projects with children and
young people, concentrating on integrated
assessment and the EHC Plan and personal
budgets. Approaches range from ‘Big
Brother’ style filming to family consultation to
whole school interview.
Manchester
Plan co-ordinators from a range of
professional backgrounds have been trained
to work with one or two young people each
to develop person-centred single plans.
Calderdale
• Draft plan developed by parents and
practitioners from health, education and social
care.
• Designed to focus on what children or young
people feel is working or not working well for
them and on what they want to achieve.
•Strong emphasis on developing links with the
local community and on building family
resilience.
• Families work together in groups to develop
their individual plans: to develop peer support.
Group sessions facilitated by person centred
planners, who are also parents of disabled
children.
Pathfinder learning: Personal Budgets
Pathfinders are developing accessible ways of communicating
with children, young people and families about personal budgets:
Hartlepool and Darlington
• A workstream has been set up to
investigate how personal budgets might
work across Education, Health and Social
Care.
• A small budget has been set aside to
help to develop this for pathfinder families
and there is a presumption that parents
will be offered a personal budget in the
resource element of their plan.
Devon, Trafford, Greenwich and
Southampton are testing specific
brokerage functions to support families.
Gateshead
Personal Budgets are being used to buy
appropriate support to access school
sites.
Bromley & Bexley, Wiltshire, Devon
and Medway are developing ‘easy read’
guides and holding workshops with
families and practitioners.
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Pathfinder learning: engaging the VCS and
parents, children and young people
Examples of innovative good practice are beginning to emerge:
Manchester
•Parents are involved in each of the
Pathfinder work streams, and have their own
representation group.
•The Greater Manchester Coalition of
Disabled People have a Young People’s
Forum which has been commissioned to
consult young people in the Pathfinder
cohort and more widely
Gateshead
A key working function is being provided by
Children NorthEast. Skills for People are
leading on person-centred planning and
advocacy support
Devon
• Parents and voluntary sector
representatives have been involved in all
design work streams through the Pathfinder
Reference Group
•Using briefing notes, newsletters, Twitter, a
pathfinder website, conversation events and
briefing sessions to engage with
stakeholders
Pathfinder learning: preparation for
adulthood
Good progress has been made in identifying and recruiting young people
aged 16-15; a number of areas are undertaking excellent work with
mainstream colleges and specialist providers to develop more flexible
Bromley
packages for young people:
Hertfordshire
• Piloting a new ‘supported employment’
model to help a group of college leavers
including NEET young people find
sustainable employment.
• Feedback from providers is that they need
CPD support around preparing young
people for work and engaging employers.
•Working in working in partnership with
Special Schools, FE College, Specialist
College and third sector partners to develop
post-16 education provision and facilities for
young people with more complex needs.
• Children and Young People’s Services and
Adult Services have been integrated to
become the Education and Care Services.
• A small pilot group of 10 to 15 young
people with higher support needs is
developing more flexible learning and
support packages which will enable them to
remain within their local community and
access the local FE college.
Next steps
•Regular pathfinder learning events and case studies are informing
practice and policy on an ongoing basis – follow progress at
www.SENDpathfinders.co.uk
•Pathfinder learning and evaluation will feed into the pre-legislative
scrutiny phase in autumn 2012 and will be vital for drawing up the
detail of draft Regulations and a new Code of Practice
•Publication of pathfinder interim evaluation report in October
•300-400 families and young people expected to have completed
Education, Health and Care Plans by end October
•Publication of pathfinder final evaluation report in mid 2013
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Expert support for our reforms
• We are working with the Council for Disabled Children to build on
and share the expertise in the voluntary sector.
• £6 million a year over two years is being provided to a range of
different organisations who will support local areas in putting into
practice some of the approaches we know work well. These include:
Short breaks
Parent
Partnership
Services
Early Support
Early
Language
Development
Preparation for
Adulthood
Parent
Carer
Forums
National Network of Parent Carer
Forums providing advice to
Government and conduit for voice
of parents across the country.
Mental
health
Supporting the pathfinders
The Mott MacDonald support team works with all pathfinder areas,
providing:
• A core offer of support to all pathfinders, including online resources and
regional/national events;
• Tailored support and challenge for each area responding to particular
needs;
• A programme of policy development workshops and action learning
networks on key Green Paper commitments; and
• Information about and access to additional support from delivery
partners and grant holders.
The DfE strategic and delivery partners are also working closely with
pathfinders to support particular elements of their work (e.g. preparing for
adulthood and parent participation).
Sharing learning is a core part of the support team’s role:
www.sendpathfinder.co.uk provides a hub for all those interested in the
pathfinder programme, including a number of case studies produced by delivery
partners and pathfinder leads.
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The Local Offer
• To provide information about provision available in the local area
or outside the area for local children and young people with SEN
and families:
• Education and training, health and social care
• Arrangements for travel to and from schools and post-16
institutions and places where early years education is
provided
• Local offer to be kept under review and revised from time to time
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Local Offer – Regulations
Regulations may make provision about:
• The information to be included in a local offer
• How the local offer is to be published
• Who is to be consulted by the local authority in preparing the
local offer
• How a local authority is to involve children and young people with
SEN and their parents in preparing the local offer
…and in particular about information on:
• how to seek an assessment for an Education, Health and Care
Plan
• Other sources of information, advice and support for children and
young people with SEN and their parents/carers
• How to make a complaint about provision
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Developing the Local Offer
• Transparency is key – the local offer must be clear and easy
to access for families
• Cooperation is vital - how the local offer is developed is as
important as what’s in it
• How far should Regulations prescribe:
• the content of the local offer (birth to 25)
• who should be consulted about it
• how children, young people and families should be
involved?
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The new funding system
Pre-16 SEN and AP
PLACE LED
PUPIL LED
Element 3:
Top-up
funding
Element 2:
Additional
support
funding
Element 1:
Core
education
funding
Mainstream settings
Mainstream per-pupil
funding (AWPU)
Contribution of £6,000 to
additional support required
by a pupil with high needs,
from the notional SEN
budget
Post-16 SEN and
LDD
Specialist settings
All settings
Base funding of £10,000 for
SEN and £8,000 for AP
placements, which is
roughly equivalent to the
level up to which a
mainstream provider would
have contributed to the
additional support provision
of a high needs pupil. Base
funding is provided on the
basis of planned places.
Mainstream per-student
funding (as calculated by
the national 16-19 funding
formula)
Contribution of £6,000 to
additional support required
by a student with high
needs
“Top-up” funding from the commissioner to meet the needs of each pupil or student placed in
the institution
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Local Offer and new funding system
Cooperation between local authorities and schools and colleges will be
needed to develop the local content of the local offer and establish the
relationship between:
• provision that schools and colleges can be expected to make
from their delegated funds and
• additional support provided through the local authority’s high
needs funding
The information in the local offer should link to more detailed
information provided by schools and colleges about their offers
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Local Offer and new funding system
• What approach should be taken to deciding the content of the local
offer for provision made by schools and colleges?
• Are there features that should be common to every local offer?
• How will support services be covered by the local offer?
• What is the role for children, young people and families in the
process?
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