Transcript Special Educational Needs Draft Code of Practice

Special Educational Needs
Draft Code of Practice
2013
Presented by
Dr. Colin Gordon
Principal Educational Psychologist
1
Contents
1.What’s new?
2. A Family
Centred
System
3. Joint Planning
& Commissioning
4. The Local
Offer
YOUNG PEOPLE
with
Special Educational Needs
From 0 – 25 years
7.Resolving
Disputes
6.Assessments
Education
Health & Care
Plans
5. Providers in
schools, colleges,
early years & others
2
A new system for SEN
(Chapter 1)
•
Children & young people to be at the heart of the system
•
Close co-operation between all of the services that support children & families
•
Early identification of children and young people with SEN
•
A clear & easy to understand local offer of education, health & social care
services
•
For the most complex needs, a co-ordinated assessment and 0-25 EHC plan
•
A clear focus on outcomes for EHC plans anticipating the support they need for a
clear pathway through education to adulthood, paid employment and independent
living
•
Increased choice, opportunity & control for parents and young people and the
offer of a personal budget for those with an EHC plan
3
New or remaining the same?
(Chapter 1)
•
This is an unfinished document (even as a draft) and has left so many crucial
issues hanging in the air
•
Statutory process including Education/Health/Care assessments but child must
be shown to have SPECIAL EDUCATIONAL NEEDS
•
Definition of SEN exactly as in the current Code of Practice
•
Disability – if they have a physical or mental impairment which has a substantial
and long term adverse effect on their ability to carry out normal day to day
activities.
•
A child may be disabled and not have SEN
•
A child may have SEN and not be disabled
•
A child with significant care needs (requiring high levels of intervention) may or
may not have SEN.
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PARENTAL INVOLVEMENT
(Chapter 2)
•
Local Authorities must ensure that parents are involved in:–
–
–
•
Planning and reviewing the Local Offer
Reviewing special educational and social care provision
Drawing up individual EHC plans, in reviews and reassessments
Person centred planning should be used universally
–
–
–
–
–
Focus on child/YP not their needs or diagnostic label
Using ordinary language/images not professional jargon
Actively highlight strengths & capacities
Strengthen the voice of the person(and carers) about their achievements, outcomes
and ambitions
Tailoring support and personal budgets around the person’s plan
•
Parent Partnership services should be available to all parents of children with
SEN
•
The role of Parent Carer forums should be developed further
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PARENTS/CARERS
(Chapter 2)
•
Parent Partnership Services
–
–
–
–
–
–
•
Confidential service for parents offering impartial advice & guidance
Staff trained in the legal framework to advise parents (leaflets, website other
languages)
Additionally trained volunteers to help parents including support for SEN tribunals
Clear terms of reference, development plan of needs & priorities
Provide support & training to help parents actively participate in local strategic groups
Be located physically separate from the local authority
Parent/Carer Forums
–
–
–
–
–
–
–
–
Working alongside professionals
Engaged in a way which is valued, planned & resourced
The forum offers proactive and on-going leadership
The participation of parent/carers is evident at all stages in the planning, delivery &
monitoring of services
Genuine partnerships working & user/provider experiences are co-presented
Contribution of parents is professionally valued
There are clearly described roles for parent representatives
Plans are in place for recruitment and training
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EDUCATION HEALTH & CARE
Joint commissioning & co-operation
(Chapter 3)
•
Children & Families Bill places a duty on Local Authorities (LAs) and Clinical
Commissioning Groups(CCGs) to work together to ensure the Wellbeing of
children and young people
•
LAs & CCGs must work together to commission services for children with SEN
both with and without Education Health Care (ECH) plans
•
Joint commissioning should
–
–
–
•
secure EHC assessments
Secure education, health & care provision
Agree Personal budgets
There should be a Designated Medical Officer
–
–
–
–
Co ordinate the role of the health body in statutory assessment
Lead on health on strategic planning with social care & education
Provide access to specific medical advice about children with SEN
Be an identified, qualified & registered medical practitioner with specialist training &
knowledge in SEN
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EDUCATION HEALTH & CARE
Joint commissioning & co-operation
(Chapter 3)
•
•
Social Care Services have a number of duties & responsibilities
–
Provide early years providers and schools with a contact for provision of social care advice on
children with SEN
–
Co-operate on the setting up of the Local Offer
–
Undertake their duties to identify children with SEN
–
Respond to requests for advice on EHC plan within time limits
–
Make available social care provision specified in the plan
–
Undertake reviews of children with EHC plans where there are social care needs
–
Any other duties as yet to be identified
Social Care Departments may designate a specific officer to act as a single point of
reference and coordinate the departments responses
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THE LOCAL OFFER (Chapter 4)
•
Local authorities must publish, in one place, information about provision they
expect to be available in their area for children and young people from 0-25 who
have SEN
•
The local offer must be underpinned by local authorities and clinical
commissioning groups agreeing on local provision & the priorities of the local
Health & Wellbeing boards
•
Children, young people & families should be involved by local authorities in:–
–
–
•
Should have 2 key purposes
–
–
•
Planning the content
Deciding how to publish the local offer
Providing feedback on services in the local offer
To provide clear, comprehensive information about support and opportunities available
To make provision more responsive to local needs and aspirations by directly involving
children & YP with SEN and parents & carers in its development
The local offer should be:–
–
–
Engaging
Accessible
Transparent & comprehensive
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THE LOCAL OFFER (Chapter 4)
•
What must be included:–
Education, health and care provision for children & YP with SEN
–
Arrangements for identifying and assessing children & YP with SEN
–
Other education provision (outside schools & colleges)
–
Training provision including apprenticeships
–
Arrangements for travel to and from schools, post 16 provision and early years
providers
–
Support for children and young people moving between phases
–
Supported preparation for adulthood including preparation for employment, independent
living & community participation
–
Information, advice & support from the LA about support for families with children with
SEN
–
Information about making complaints and being supported in conflict resolution
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SETTINGS Early Years/Schools/Colleges etc
(Chapter 5)
•
•
•
Improving outcomes for all – high expectations for children and young people
with SEN
All teachers are teachers of children with SEN
The majority of children with SEN should have the choice of being included in
mainstream education
–
–
•
Early identification of SEN is a priority
–
–
–
•
The majority will be seen as having Additional Educational Needs(AEN) and be
supported accordingly
A minority will have a specialist assessment and be provided through an Education
Health & Care Plan
From birth
Early years
Emergent conditions
There are 4 primary areas of SEN
1.
2.
3.
4.
Communication & Interaction
Cognition & learning
Emotional, social & behavioural development
Sensory &/or physical
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SETTINGS Early Years/Schools/Colleges etc
(Chapter 5)
•
All teaching & learning establishments have a responsibility to identify those
children & YP who will have SEN and to provide them with Additional SEN
support (after ensuring that this is not due to poor teaching or poor attendance)
•
Schools will fund this support from their delegated budget
•
Schools will be expected to ensure that support is directed as appropriate and
separate:–
–
•
Those children & YP who need support to catch up with their peers
Those who need a more tailored approach to address a specific SEN which is impacting
on their ability to learn
External support and guidance will be available from:–
–
–
–
–
–
Educational Psychologists (EPS)
Specialist support teachers or support services (Inclusion Services)
Child & Adolescent Mental Health Services (CAMHS)
Behaviour Support Teams (BAS)
Youth Offending Teams (YOT)
Therapy Services (Speech & Language, Occupational & Physiotherapists)
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SETTINGS Early Years/Schools/Colleges etc
(Chapter 5)
•
All schools must ensure they have an experienced qualified teacher as SENCO
who works closely with the Head & Governors to :–
–
–
–
–
–
–
–
–
–
–
•
•
Oversee the day to day operation of the school’s SEN policy
Co-ordinate provision for children with SEN
Collaborating with curriculum co-ordinators so that learning for all children is given
equal priority
Liaise with, advise & contribute to in service training of teachers & support staff
Liaise with relevant teacher for looked after children if the child has SEN
Advising on a graduated approach to providing Additional SEN Support
Ensuring all records of children with SEN are kept up to date
Liaising with parents of children with SEN
Being a key point of contact and liaising with other phase providers, external agencies,
health and social care agencies and the local authority
With parents and potential next provider liaising to ensure a smooth transition
ensuring with the Head & governors that the school meets its responsibilities under
the Equality Act (reasonable adjustments and access arrangements)
The SENCO is responsible for ensuring that the school can track and record
the support plans and decisions for all children with SEN
SENCOs can be most effective when part of the senior management team
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SETTINGS Early Years/Schools/Colleges etc
(Chapter 5)
•
Children with Health needs should receive the same education as other children
& it is the duty of the Local Authority to make this provision (no reference to
health providers here !!)
•
Young offenders should continue their education in custody and information
about their SEN shared with education providers
•
Further information to be developed on:
–
–
–
–
–
Children of service personnel
Home education
Looked after children
Virtual school head
Children in need
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ASSESSMENTS Education Health & Care Plans
(Chapter 6)
•
Statutory assessments of education, health and care needs will take place for
those few children and young people with complex SEN
•
Most (but not all) will then have an Education, Health & Care Plan (EHC)
•
Timescales
–
–
–
–
•
Whole process maximum of 20 working weeks (currently 26)
LA must respond to any request within 6 weeks
When LA requests advice, advice givers must respond within 6 weeks
Families have to be involved throughout the process and are given 15 days to consider &
give their views on the final draft of the EHC Plan
Exemptions
–
–
–
–
School holiday periods and a late request by the LA
Exceptional circumstances which effect the child or parent
The child, parent or young person is absent for 4 weeks during the 6 week period
Child or parent fails to keep an appointment
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ASSESSMENTS Education Health & Care Plans
(Chapter 6)
•
Requesting an Assessment
–
–
–
•
Parent or young person
School or post-16 providers
Other professionals e.g. health & care professionals, YOT & education in custody
providers
Considering whether an assessment is necessary
LAs should take account of the following:–
–
–
–
–
–
–
Views of child, YP and parents
Evidence of academic attainment & progress
Education providers evidence of the nature of the child’s SEN
Evidence of action taken by the education provider
Evidence that progress is due to Additional SEN support in place
Evidence of the child’s physical, emotional social development and health needs
With 18 + whether staying in education would help them make a successful transition
into adult life
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ASSESSMENTS Education Health & Care Plans
(Chapter 6)
•
Conducting a co-ordinated assessment. In doing this children, parents & YP
should experience a straightforward and joined-up process which leads to timely,
well-informed decisions
–
–
–
–
–
–
–
–
–
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Children, YP & families should be at the centre of the process
Assessment should be as streamlined as possible
“tell us once” approach to information sharing
Information shared across agencies
Multiple appointments co-ordinated
Local education , health & care services must work together to plan shared services
Where services identified early as being needed, they should not be delayed till the end
of the assessment
Practitioners in all services should be committed to a different way of working with
parental empowerment as a core value
Local authorities must support families with difficulties such as providing key workers
Assessment and planning should be an on-going process
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ASSESSMENTS Education Health & Care Plans
(Chapter 6)
•
Advice for EHC assessments LAs must seek advice from :–
–
–
–
–
–
–
•
The education provider
Where the child has sensory difficulties a specialist teacher
Medical advice from a person(s) nominated by the Clinical Commissioning Group
Psychological advice from an Educational Psychologist
Social care Professionals within the LA
Any other provider e.g. YOT, probation, services children providers etc
Anyone else family or YP thinks relevant e.g. family support worker
Young people aged 19-25
–
–
–
Any YP 19-25 may request an assessment
Some may not need this as it is not in their interest to continue their education
Others with complex needs which are primarily health or social care may not need an
EHC assessment and are best provided by continuing Adult health or Social care
provision
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ASSESSMENTS Education Health & Care Plans
(Chapter 6)
•
Preparing an Education Health Care Plan
Principles to apply
- decisions should be transparent & involve child, YP & family
- plans should be clear, concise, readable & accessible to parents, children YP &
providers/practitioners
- plans should be person-centred, evidence-based & focussed on outcomes
- outcomes should be short-term & aspirational for the YP
- the delivery of a service is not an outcome (it is what the service is doing)
- outcomes need to be specific, measurable, achievable & time bound
- plans should be specific about the interventions that will make a difference
- plans must relate to the teaching and learning context in which the child may be educated
- resources should be quantified (level of support and who provides it)
- EHC plans should be generic and applicable in any local area
- plans should be “forward-looking” anticipating, planning & commissioning for important
transition points in the YP’s life
- the contents of the EHC plans should be used by the LA to inform strategic planning
- EHC plans should also explore how informal (family & community) resources can be used to
support the child and family
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ASSESSMENTS Education Health & Care Plans
(Chapter 6)
•
Contents of an EHC plan, although determined locally, needs to be clear and
transferrable to another authority
Standard contents are as follows
–
–
–
–
–
–
–
•
Views ,interests & aspirations of the child, YP and their family
The Child or YPs SEN
The outcomes sought for him/her
The Special Educational Provision required by him/her (where this is being met by
Direct Payments (DP) the needs & outcomes to be met by DP should be specified)
Any Health & Social Care provision required
Any additional provision e.g. support to find employment, housing or participation in
society
The name of the school, nursery, post-16 establishment or other institution to be
attended by the child or YP
Issues
–
–
SALT is generally seen as an educational and only exceptionally a health need
EHC plans are seen as a way for LAs to continue care support for vulnerable YP beyond
19 years and develop more planned transition into adult services
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ASSESSMENTS Education Health & Care Plans
(Chapter 6)
•
•
Choice of school, college other provider
Parents can choose any educational provider
•
•
•
•
•
•
Local Authority must comply with parental choice unless
•
•
•
Maintained school (mainstream or special), Academy or Free School
Special Academy or Special Free School
Non-maintained Special School
FE or Sixth Form College
Independent School or Independent Specialist College (approved by Sec of State)
It’s considered unsuitable for the age, ability, aptitude or SEN of the young person or
The attendance there would be incompatible with the efficient education of others ; or
the efficient use of resources
Transport
–
–
–
–
LA can name a nearer school than the one parents prefer unless the parents meet the
transport costs
Transport should only be included in the EHC plan in those exceptional cases where the
child has specific transport needs
LAs will have transport polices applying to all children with SEN and should not be used
to limit parental choice of school
Transport costs may be provided as part of a personalised budget
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ASSESSMENTS Education Health & Care Plans
(Chapter 6)
•
Personal budgets
–
–
–
•
What can be included in a personal budget
–
–
–
–
•
This is the amount of money identified by the LA to deliver all or some of the provisions
set out in the EHC plan covering health, care and educational provision
They should be based on clear, agreed outcomes
Parents & YP can request a personal budget once a EHC plan is established
Funding from health, social care and education sources either pooled generally or case
specific
Related to specific additional needs beyond that which is provided through the high
needs block funds in schools
Funds delegated to schools will not generally be available for use in a personal budget
Personal budgets must not be used to fund a school place
Mechanisms for delivering the personal budget
Parents should be given the following three options for this:a.
notional arrangement –the LA retains the funds but the parent/YP directs its use
b.
c.
third party arrangement – funds paid to an individual/organisation on behalf of the
parent/YP and they manage the funds
direct payments – where parents/YP receive the cash to purchase services
themselves (some parents may be prohibited from this way of payment)
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ASSESSMENTS Education Health & Care Plans
(Chapter 6)
•
Maintaining an EHC plan
–
–
–
–
–
•
Transitions
–
–
–
–
•
All staff working with the child must be aware of the EHC plan
Local authorities are responsible for the special educational provision
Clinical commissioning groups are responsible for the health provision stated in the
plan
Annual reviews are required
Re-assessments can take place after 6 months
Reviews should be completed by mid-February of the year of transfer
Transition to adulthood should be made early enough for support to be planned
The focus should be on the support needed for continued education, work &
independent living
Continuing an EHC plan will depend on the nature of support needed to continue
education
Ceasing an EHC plan
–
–
–
–
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That the LA are no longer responsible for the child/YP because they have moved out
Provision for SEN is no longer required
A YP over 16 takes up paid employment (excluding apprenticeships)
A YP enters higher education
A YP over 18 leaves education
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Resolving Disputes
(Chapter 7)
•
Early resolution
–
–
–
•
The expectation is that LAs & CCGs work together to resolve disputes
When this fails, parents/YP can appeal to SEND Tribunals
They will then be offered mediation
Disagreement resolution services (DRS)
–
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–
LAs must arrange for Disagreement Resolution Services to be available
LAs are responsible for the overall standard of the service
There should be clear funding and parents/YP should not be charged
LAs must ensure the service is impartial & independent of the LA
DRS must have a developmental plan
LAs must make the service and the way it works available to parents
LAs must ensure that the operatives are suitably qualified and aware of the SEN
process
LAs should set out service level agreement and regularly review the service
Data from the service should be used to influence SEN policy development
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Resolving Disputes
(Chapter 7)
•
Mediation
–
–
–
•
Appeal to SEN tribunal
–
–
–
–
–
–
•
Parents & YP will not be allowed to appeal to the SEND tribunal unless they have
approached an independent mediator
Having done this (even when they don’t participate in mediation) they will be given a
certificate to enable them to go to the SEN tribunal
They don’t have to go to mediation when appealing about the named school or any
Disability Discrimination case
Parents/YP must appeal within 2 months
LAs decision not to Assess/not to make an EHC plan
The description of the SEN , provision needed or suggested school
LAs decision not to amend or replace an EHC plan
LAs decision to cease an EHC plan
SEND Tribunal can dismiss, order assessment, make a plan, or make amendments to the
plan
Disability Discrimination Claims
–
–
Parents/YP can make DDA claims if they feel they or their children have been
discriminated against by schools or LAs in delivering their educational functions
They must appeal within 6 months of the alleged offence
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Exclusion
•
•
•
Government guidance already sets out details of the permanent exclusion review
panel process, including parents’ right to ask for an SEN expert to attend. In
addition, claims for disability discrimination in relation to permanent and fixedperiod exclusions may be made to the First-tier Tribunal (SEND).
Local authorities have a duty to arrange suitable, full time education for pupils of
compulsory school age who would not otherwise receive such education, including
from the sixth day of a permanent exclusion.
Schools have a duty to arrange suitable, full time education from the sixth day of a
fixed period exclusion. In carrying out their duties schools and local authorities
must ensure that this education is in line with a pupil’s Education, Health and Care
plan, if one is in place.
EPS 2013
26
Legal Aid
• If a parent or young person has decided to appeal against a decision
concerning SEN provision for their child, legal aid may be available
to assist with that appeal. Before someone can be granted legal aid
they must satisfy a financial means assessment. The case must also
satisfy a merits test of whether it has a reasonable chance of
succeeding.
• Legal aid can provide advice and assistance in preparing an appeal
to the First-tier Tribunal (SEN and Disability), but it does not cover
having a lawyer act as a formal legal representative before the
Tribunal (that is, advocacy).
• If the parent or young person’s appeal to the Tribunal is
unsuccessful, and they wish to mount a further appeal to the Upper
Tribunal (or beyond to the Court of Appeal or Supreme Court), then
legal aid can provide advice, assistance and having a lawyer act as
their formal legal representative and speak for them.
EPS 2013
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