Indicative Draft: The (0-25) Special Educational Needs Code of Practice, 2013

1. Indicative Draft: The (0-25) Special Educational Needs Code of Practice, 2013 Paramjeet Singh Bhogal Educational Psychologist Paramjeet Singh Bhogal. Newcasle EPS 2013

2. Who in school is the only person who needs to have a formal educational qualification?

3. Draft code contents: 7. Resolving Disputes 1.What’s new? 2. A Family Centred System YOUNG PEOPLE with Special Educational Needs From 0 – 25 years 3. Joint Planning & Commissioning 6. Assessments Education Health & Care Plans 4. The Local Offer 5. Providers in schools, colleges, early years & others

4. Chapter 1: A NEW SYSTEM FOR SEN • 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 (EHC) • 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

5. Chapter 1: NEW OR REMAINING THE SAME? • 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.

6. Chapter 2: PARENTAL INVOLVEMENT • 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

7. Chapter 2: PARENTS/CARERS • 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

8. Chapter 3: EDUCATION, HEALTH & CAREJoint commissioning & co-operation • 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 i.e. • 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 or access to specific medical advice about children with SEN • Be an identified, qualified & registered medical practitioner with specialist training & knowledge in SEN

9. Chapter 3: EDUCATION HEALTH & CAREJoint commissioning & co-operation • 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

10. Chapter 4: THE LOCAL OFFER • 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:- • Planning the content • Deciding how to publish the local offer • Providing feedback on services in the local offer • Should have 2 key purposes • 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

11. Chapter 4: THE LOCAL OFFER • 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

12. Chapter 5: SETTINGS Early Years/Schools/Colleges etc • 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 • 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 • Early identification of SEN is a priority • From birth • Early years • Emergent conditions • There are 4 primary areas of SEN • Communication & Interaction • Cognition & learning • Emotional, social & behavioural development • Sensory &/or physical

13. Chapter 5: SETTINGS Early Years/Schools/Colleges etc • 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)

14. Chapter 5: SETTINGS Early Years/Schools/Colleges etc • 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 • SENCO’s can be most effective when part of the senior management team

15. Chapter 5: SETTINGS Early Years/Schools/Colleges etc • Children with Health needs should receive the same education as other & 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

16. Chapter 6: ASSESSMENTS Education Health & Care Plans • 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

17. Chapter 6: ASSESSMENTS Education Health & Care Plans • 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

18. Chapter 6: ASSESSMENTS Education Health & Care Plans • 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 • 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

19. Chapter 6: ASSESSMENTS Education Health & Care Plans • 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

20. Chapter 6: ASSESSMENTS Education Health & Care Plans • 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

21. Chapter 6: ASSESSMENTS Education Health & Care Plans • Contents of an EHC plan Although determined locally it 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 service

22. Chapter 6: ASSESSMENTS Education Health & Care Plans • Choice of school, college other provider • Parents can choose any educational provider • 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) • Local Authority must comply with parental choice unless • 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 that 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

23. Chapter 6: ASSESSMENTS Education Health & Care Plans • Personal budgets • 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 • What can be included in a personal budget • Funding from health, social care and education sources either pooled generally aor 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. third party arrangement – funds paid to an individual/organisation on behalf of the parent/YP and they manage the funds c. direct payments – where parents/YP receive the cash to purchase services themselves (some parents may be prohibited form this way of payment)

24. Chapter 6: ASSESSMENTS Education Health & Care Plans • Maintaining an EHC plan • 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 • Transitions • 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 • That the LA are no longer responsible for the child/YP because they have moved out • 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

25. Chapter 7: RESOLVING DISPUTES • 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) • 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

26. Chapter 7: RESOLVING DISPUTES • Mediation • 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 • Appeal to SEN tribunal • 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

27. THE END …..? What next … Thanks for listening Any questions & discussion ….