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SEN in Darlington Andy Lister, February 2013 SEN, Statements and Statutory Assessment The Current System (Just!) Children have special educational needs if they have a learning difficulty which calls for special educational provision to be made for them. Children have a learning difficulty if they: a) have a significantly greater difficulty in learning than the majority of children of the same age; or (b) have a disability which prevents or hinders them from making use of educational facilities of a kind generally provided for children of the same age in schools within the area of the local education authority Children must not be regarded as having a learning difficulty solely because the language or form of language of their home is different from the language in which they will be taught. SEN Code of Practice, 2001 The 3 SEN Stages School Action - When a class teacher or the SENCO identifies a child with SEN the class teacher should provide interventions that are additional to or different from those provided as part of the school’s usual differentiated curriculum offer and strategies School Action Plus - A request for help from external services is likely to follow a decision taken by the SENCO and colleagues, in consultation with parents, at a meeting to review the child’s IEP. Schools should always consult specialists when they take action on behalf of a child through School Action Plus. Statutory Assessment - Where a request for a statutory assessment is made by a school to an LEA, the child will have demonstrated significant cause for concern. The LEA will seek evidence that any strategy or programme implemented has been continued for a reasonable period of time without success and that alternatives have been tried, or the reasons why this has not occurred. Who is responsible? Schools have the knowledge and resources to make provision – In Darlington, all the money for secondary schools and about ¾ for primary schools is “delegated” to the schools. The school’s Special Educational Needs Coordinator (SENCo) is the lead professional. Schools have responsibility for children at School Action and School Action Plus, as well as those with statements Statutory Assessment Is a legally controlled process Takes about 6 months Can lead to a statement, but need not Is for the most needy of children (about 2%) Is needed to gain access to special school Is not needed for support bases, additional support, exam access arrangements or transport Can be asked for by school, doctor or parent Statements There are 375 children in Darlington who have a statement from a total school population of just under 15,000 children A statement is a legal document which describes the child’s SEN (Part 2), outlines the objectives and the provision to meet their needs (Part 3) A statement is reviewed every year (the Annual Review Meeting) The Lamb Inquiry The major work in launching the current SEN agenda; Launched 2008 reported 2009 The Inquiry responded to two major concerns The need to build confidence in the SEN system; The need to improve the quality of provision. The Report Concluded that Parents need to be listened to more; The system needs to be more ambitious for pupils with SEN. 4 Key Areas 1) Children’s outcomes at the heart of the system 2) A stronger voice for parents 3) A system with a greater focus on children’s needs 4) A more accountable system that delivers better services The Message “It is not the current framework that is at fault but rather the failure to comply with both the spirit and the letter of the framework” Brian Lamb; December 2009 Lamb Inquiry Dec 2009 “In meetings with parents, ……., there was little focus on outcomes for children. Rather the focus was on the type and amount of provision and often on agreeing a number of hours of support from a learning support assistant. ….. few of the parents the Inquiry met seemed to have been encouraged to have a discussion about the outcomes they expected, or aspired to, for their child or how best these outcomes might be achieved.” The Transition Guarantee In 2010 – 11, Darlington and Stockton LAs ran an innovative project for the Government (DfE) to help identify strategies for Lamb and the Green Paper on SEN. The Transition Guarantee focussed on transition from primary to secondary school. The Guarantee is an action plan for transition, signed up to by primary school, secondary school and parents. The SEN Green Paper, 2011 The Government’s vision is of a “radically different system” that: supports better life outcomes for young people gives parents more confidence by giving them control transfers power to front-line professionals and to local communities The Green Paper proposes: a new approach to identifying SEN a single assessment process and ‘Education, Health and Care Plan’ a local offer of all services available parents to have the option of a personal budget by 2014 giving parents a real choice of school greater independence to the assessment of children's needs Delivery Partners The Darlington Pathfinder Project Identifying new ways of delivering a coordinated approach to need We are developing and trialling a co-ordinated assessment process, so that all agencies who are involved with a child sit round a table, with the parents and agree what they will be delivering – This could be school, Occupational Therapist, Speech and Language Therapist, CAMHS or Social Worker. The parent should know, by the end of the assessment, exactly what each agency will deliver. Personal Budgets By the end of the project, we should be in a position to offer the Government advice about how Personal Budgets could work. The idea of parents being central to the management of services for their children is close to the heart of Government thinking. Next steps: Draft Legislation: Reform of provision for children and young people with Special Educational Needs September 2012 The Green Paper said: A local authority in England and its partner clinical commissioning groups must make arrangements (joint commissioning arrangements) about the EHC provision to be secured for children and young people for whom the authority is responsible who have special educational needs. The Commons Education Committee said: We believe that the Government is relying too heavily on the duty of joint commissioning between local authorities, Health and social care in order for the reforms to work. The active involvement of the NHS in commissioning, delivery and redress is critical to the success of the legislation. The Government must ensure that the NHS is obliged to participate fully. We make various recommendations on this point, including that regulations should commit Health to adhere to timetables for assessments of SEN. We also call for the Government to clarify in the legislation how responsibility for the provision of services which can be defined either as supporting health or special educational needs—such as speech and language therapy—will be decided. They also said …… We welcome the principle of integrated Education Health and Care assessments, but believe that they will require much more rigorous testing and shaping through the Pathfinders We also recommend that all current protections afforded by a Statement of SEN be maintained in the new legislation. The Children and Families Bill 2013 2nd Reading in House of Commons: 25th Feb!! The Government still claims that it is, “is transforming the system for children and young people with special educational needs (SEN)”, but the Bill describes an Education, Health and Care Plan as: For the purposes of this Part, an EHC plan is a plan specifying; (a) 45the child’s or young person’s special educational needs; (b) the outcomes sought for him or her; (c) the special educational provision required by him or her; (d) any health care and social care provision of a prescribed description required by him or her. This is almost identical to a statement …… Very disappointing! We propose to replace the current SEN categories of School Action and School Action Plus with a new, single early years and school-based SEN category, providing clear guidance to settings and schools on the appropriate identification of pupils with SEN. These changes will be set out in the new SEN Code of Practice to be published in 2014 and will include a clear process for identification and assessment, setting objectives for pupils, reviewing progress and securing further support. This does not change the legislative duties on schools to use best endeavours to secure special educational provision, to have an SEN co-ordinator, to notify parents of such provision or to publish information on how it is implementing its policy on SEN and Disability. These are all set out in primary legislation in the Children and Families Bill. Find out for yourself; Try Googling …….. Draft legislation on Reform of provision for children and young people with Special Educational Needs September 2012 Pre-legislative scrutiny: Special Educational Needs - Education Committee December 2012 Children and Families Bill 2013 February 2013 Ofsted Review of SEN “A Statement is Not Enough” The young people to whom inspectors spoke during the review were clear about what they wanted for the future: successful relationships and friendships; independence, including choice about who they lived with; choice about what to do with their spare time; and the opportunity to work. Parents saw the current system as requiring them to ‘fight for the rights’ of their children What consistently worked well was rigorous monitoring of the progress of individual children, with quick intervention and thorough evaluation of its impact. High aspirations and a determination to enable young people to be as independent as possible led most reliably to the best educational achievement. the support they were allocated was not always appropriate to their needs. For example, some were allocated support for their behaviour when, in fact, they had specific communication needs When a child or young person is underachieving, the school or setting should begin by analysing the effectiveness of its generic teaching and systems for support before deciding that she or he has special educational needs Ofsted 2012 “Inspection is primarily about how individual pupils benefit from their school. It is important to test the school’s response to individual needs by observing how well it helps all pupils to make progress and fulfil their potential, especially those whose needs, dispositions, aptitudes or circumstances require particularly perceptive and expert teaching and/or additional support.” “Meeting the needs of every pupil is the difference between a good school and a weak school” Sir Michael Wilshaw, Her Majesty’s Chief Inspector, September 2012 Free Schools and Academies Some Questions Answered The situation now: All the secondary schools in Darlington are academies The only special school in Darlington is an academy. They plan to open a Special Free School next September About 2/3 of the primary schools are academies By the end of this year it is likely that all the schools in Darlington will be academies Academies, Free Schools and Statements of SEN Can an a Academy/Free School be named on a child’s statement of special educational needs? Yes. And the local authority will have to consider those representations as it would for any other school. Can an Academy/ Free School refuse to be named on a child’s statement of special educational needs? An Academy/Free School has to be consulted before a local authority decides to name the school in a child’s statement. The local authority has to assure itself that the school is suitable to the child’s age, aptitude, ability and type of SEN, and that the admission of the child would not be incompatible with the education of other children, or the efficient use of resources. The local authority must give consideration to any objections raised by an Academy/Free School but once named in a child’s statement, the Academy/Free School will be required to admit the child. This is identical to the arrangements for a Local Authority School Special Academies/Free Schools A special academy is a special school in England that has acquired the academy freedoms, and is able to operate with the same freedoms and responsibilities as other academies. Special academies are schools that have the freedom and the responsibility for shaping their own vision – to teach, provide services and spend money based on what they think will enable the pupils they work with to achieve, fulfil their potential and go on to lead successful adult lives. Beaumont Hill is a Special Academy. Contacting Darlington LA SEN SEN team: Jacqui Robinson / Andy Lister Town Hall, Darlington Tel; 01325 388850 Email; [email protected] [email protected] Parent Partnership Service: Email; [email protected] Tel; 01325 388618