Children and Families Act
2014: SEND Reforms
County Governor Forum
Tuesday 4 November 2014
Liz Flaherty
Content
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Transfer from Statements to EHCPs
SEN Support (The Grey Book)
SEN Policy and SEN Information Report
EHCP: Requests for assessment
Ongoing support
Assessment started before
1 September 2014
• All new statutory assessments without a statement from 1
September 2014 will conclude with EHCP/no EHCP
• Any assessment/re-assessment in progress on or before 1
September 2014 must continue under Education Act 1996 –
unless parents and LA in agreement to treat as EHC
assessment
• Any subsequent statement will be drawn up/amended under
1996 Act arrangements – unless LA decides there is sufficient
information to draw up an EHCP (if parents/young person
agrees).
Transition period 1 September
2014 to 31 March 2018
• Children in R-1, Y2, Y6,Y11 and Y14
will have their Statement transferred to
an EHCP this year.
• Same year groups in subsequent years,
but Year 9 added next year (ie Sept
2015)
Transfer Review
For those with Statements in YR-1,Y2, Y6 and Y11 and
Y14 the transfer review process must replace the
annual review.
The LA must complete the transfer review before:
• 15 February 2015
• 31 May 2015 for Year 11 (in subsequent
calendar years by 31 March) although aiming
for 15 February 2015
The Transfer Process
• School to invite parents to a Transfer Review Planning meeting.
• Transfer review commence date needs to be identified to
parents and all involved
• Transfer review must involve EHC needs assessment (all advice
as for EHC assessment)
• But the LA must not seek advice if same advice previously
provided for any purpose and it is sufficient for EHC assessment
• Transfer review needs assessment must involve CYP and
parents and LA needs to ensure their participation in
discussions and minimise disruption
The Transfer Process (cont.)
• LA must finalise EHC plan within 14 weeks of the start of the
transfer review;
• A draft plan must be issued to the parents with a 15 day
response time;
• To conclude transfer review LA must send copy of finalised plan
to the parents or YP and governing body of school; or
• Notify child’s parents or YP of decision not to make EHCP and
ceasing Statement (but must be notified within 10 weeks);
• No note in lieu
• All rights to appeal to Tribunal remain.
YP right to make their own decisions after the
end of compulsory school in relation to their
EHCP
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Request an EHC assessment
To make representations
To request a particular institution
To request a personal budget
Right to appeal to the SEN and Disability Tribunal
A young person can nominate someone to support
them – and will need to practise expressing their views.
Transfer from a Statement to
an EHCP
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Paperwork to be used:
K3 TR and explanatory notes
Our Story (K1)
My Views (K2)
SEN Support
In mainstream schools:
• How is the ‘grey book’ shared with
staff?
• What does ‘high, quality inclusive
teaching’ look like in your school?
• What do you need to do to as governors
to find out about this?
Has your school in place:
audit staff training needs
CPD sessions on specific areas of need
Support for colleagues with their planning
Model practice/team teach
Work with support staff re difference
between learning and task completion
Senior Leadership Team’s commitment to
SEND?
SEN Policy
• Must reflect statutory requirements and the actual
practice/ethos of the school. Go to the Special
Educational Needs and Disability Regulations 3.65 for all
info of what needs to be in it or
www.nasen.org.uk/uploads/publications/329.pdf
• Must be made available to parents…..could be in a
summary form
• Reference to other relevant policies e.g.….behaviour,
equal opps, admissions etc
The school census
• All new pupils with SEN who will not be on
EHC plans should be recorded under SEN
Support from September 2014.
• Schools should review the provision for those
currently on SA/SA+ to SEN Support by the
January 2015 Census.
Education, Health and Care
Assessments and Plans
(EHCPs)
Requesting an EHC
assessment
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Ensure evidence is robust
Engage with parents: K1 “Our Story”
Complete K3
Support child in completing K2
• Decision made by LA in 6 weeks
• From request to final plan = 20 weeks
• Draft – Final 15 days
– Share with parents
– Consult schools
New documentation is
available on intranet:
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K3 – school information
K3 TR – school information for transfers
K1 OUR STORY
K2 My Views
EHCP
Other Changes:• Local Offer
• Personal Budgets
• Post 16
Independent Support
Any queries – contact:
enquiries.sen@hants.gov.uk