Community Impact Assessment Form For a summary of this Community Impact Assessment, click here Title of Community Impact Assessment (CIA): Children and Families Bill – Mediation, Advice and Appeals Directorate: Children’s Services Date of assessment: Names and roles of people carrying out the community impact assessment. (Please identify Lead Officer): Section A – What are you impact assessing? (Indicate with an “x” which applies):A decision to review or change a service A strategy A policy or procedure A function, service or project X Are you impact assessing something that is?:New Existing Being reviewed Being reviewed as a result of budget constraints X 1 Describe the area you are impact assessing and, where appropriate, the changes you are proposing? The Children and Families Act 2014 aims to improve services for vulnerable children and support strong families. It will underpin wider reforms to ensure that all children and young people can succeed, no matter what their background. The Act will reform the systems for adoption, looked after children, family justice and special educational needs. It will encourage growth in the childcare sector, introduce a new system of shared parental leave and ensure children in England have a strong advocate for their rights. This Community Impact Assessment will look specifically at Part 3 of the Act which comes into force on 1st September 2014. This part of the Act introduces a new SEN code of practice and looks at the system for children and young people with special educational needs (SEN), including those who are disabled. The bill will extend the SEN system from birth to 25, giving children, young people and their parents greater control and choice in decisions and ensuring needs are properly met. It will: replace old statements with a new birth- to-25 education, health and care plan (EHC) so that children’s special educational needs are picked up early and support is routinely put in place quickly; offer families personal budgets; improve cooperation between all the services that support children and their families, requiring local authorities and health authorities to work together. There are 5 key areas covered by this Community Impact Assessment, they are: 1. Local Offer 2. The Education, Health and Care Plan 3. Personal budgets 4. Transitions 5. Planning & commissioning This Community Impact Assessment related to the area of Mediation, Advice and Appeals which is part of the Planning and Commissioning area. The Children and Families Act 2014, along with accompanying Regulations and Guidance, brings about significant reforms to the systems surrounding special educational needs and disabilities (SEND) for children, their parents and young people up to the age of 25. These changes take effect from 1st September 2014 and one of the areas of reform relates to disagreement resolution and mediation. The Act provides the opportunity for parents and young people to consider mediation before they can register an appeal with the First-tier Tribunal (Special Educational Needs and Disability). Parents and young people will also be able to go to mediation about the health and social care elements of an Education, Health and Care (EHC) plan. The new mediation arrangements reflect a wider movement across government to promote early resolution of disputes through non-judicial means. 2 Mediation is a form of alternative dispute resolution (ADR). ADR mechanisms are a range of procedures that serve to resolve disputes generally involving the intercessions and assistance of a neutral third party. They provide a cost-effective and faster alternative to costly and time-consuming court processes. EHC assessments and EHC plans will be progressively replacing the current system of assessments and SEN statements and Learning Difficulty Assessments (LDAs) from 1st September 2014. From 1st September, local authorities and health commissioning bodies, where relevant, will have to make mediation arrangements available to parents and young people who are subject to the new EHC needs assessment and EHC plan system – the new mediation arrangements will not apply to those who still have SEN statements or LDAs. Local authorities will, by 1st September 2014, have to have made arrangements so that parents and young people will be able to receive information about mediation and to go to mediation if they want to. Section B – Is a Community Impact Assessment required (Screening)? Consider what you are impact assessing and mark “x” for all the statement(s) below which apply Service or policy that people use or which apply to people (this could include staff) Discretion is exercised or there is potential for people to experience different outcomes. For example, planning applications and whether applications are approved or not Concerns at local, regional or national level of discrimination/inequalities Major change, such as closure, reduction, removal or transfer Community, regeneration and planning strategies, organisational or directorate partnership strategies/plans Employment policy – where discretion is not exercised Employment policy – where discretion is exercised. For example, recruitment or disciplinary process X If none of the areas above apply to your proposals, you will not be required to undertake a full CIA. Please summarise below why a full CIA is not required and send this form to your directorate equality link officer. If you have identified one or more of the above areas, you should conduct a full CIA and complete this form. Equality Areas Indicate with an “x” which equality areas are likely to be affected, positively or negatively, by the proposals Age X Religion and/or belief 3 Disability X Sexual Identity Gender (including pregnancy and maternity and marriage and civil partnership) People on a low income (socio-economic inequality) Gender reassignment Other (please state below) (For example carers, ex offenders, refugees and asylum seekers, gypsies and travellers) Parents and carers Race X If any of the equality areas above have been identified as being likely to be affected by the proposals, you will be required to undertake a CIA. You will need only to consider those areas which you have indicated are likely to be affected by the proposals 4 Section C – Monitoring information C1 Do you currently monitor by the following protected characteristics or equality areas? Age Yes (Y) or No (N) Disability Y Gender (including pregnancy and maternity and marriage and civil partnership) N Gender Reassignment N Race N Religion and/or belief N Sexual Identity N People on a low income (socio-economic inequality) N If no, please explain why and / or detail in the action plan at Section E how you will prioritise the gathering of this equality monitoring data. Y Y Parents and carers Other (please state) (For example carers, ex offenders, refugees and asylum seekers, gypsies and travellers) 5 Section C (continued) – Consultation C2 Are you intending to carry out consultation on your proposals? Consultations have taken place – please see below If “yes”, please give details of your consultation exercise and results below Consultation Summary: As part of the Children’s and Families Act 2014 local authorities must involve young people with SEN or disabilities and their parents in: Planning the content of the Local Offer Deciding how to publish the Local Offer Reviewing the Local Offer, including by enabling them to make comments Children & Families Act 2014 – Parent Consultation: As part of the Children & Families Act 2014, Children’s Services consulted with parents and carers about the proposals, specifically around the area of children and young people with special educational needs. The consultation options were as follows: an On-line survey; paper based questionnaire; and the option for Commissioning Officers to visit groups to gather feedback. The link to the on-line survey was also circulated via the EIP Parenting Team and SENCO’s to ensure a wide reaching consultation. Groups consulted: Salford Action for Families with Autism (SAFA) Marlborough Road Academy - Parents Group Alder Brook Primary - parents group Salford Carers Centre - parents group Governor Services – SEN parent governors Springwood School – parents group Oakwood Academy – parents group JADDS – Jewish parent support group Summary: Children & Families Act: The majority of the parents consulted were aware of the changes to SEN provision. Impact of changes: parents were concerned about the changes to SEN Statements, there is a feeling that any changes to statements could have a huge impact on their children not getting the support needed. Accessing information: Information from both websites and the LA was the most popular way of finding information; word of mouth; attending parent groups and forums; having an allocated Social Worker. Recommendations to improve information: feedback was that the information did need to be improved, that it was quite difficult to access 6 information. Suggestions included - designated, more accessible websites; notice-boards at schools and GP’s; newsletter; one central place for the information with full contact details listed; information shared through schools What services would you like to be available: Feedback covered the following - more connection between social care and other SEN services; more support for children in settings; social interaction for teenagers; activities for my child to do at the weekends without parent / carer; more youth clubs and out of school activities. Personal budgets: There was a mixed response as to whether parents would apply for a personal budget, with similar numbers of parents saying they would make an application, and those saying they wouldn’t. Of those people interested in making an application, it was seen as a very positive move, allowing more control, as parents they understand exactly what their children need and are best placed to make those decisions. Involvement in designing/developing services: The majority of the parents consulted are interested in being involved with the development of services and the EHC plans, and would prefer to be involved throughout the whole process, to ensure they have their say. Child friendly version of the EHC plan: Overwhelmingly the response was that a child friendly plan should be produced but aimed at high school age children. How old would your child need to be before you were comfortable with professionals speaking to them about their needs without you or another carer/ parent being there: The majority of parents did not want any professionals speaking to their children without them being present, they were concerned that their children would just agree to anything without fully understanding what was being discussed. Section C (continued) – Analysis C3 What information has been analysed to inform the content of this CIA? What were the findings? Please include details of, for example, service or employee monitoring information, consultation findings, any national or local research, customer feedback, inspection reports, and any other information which will inform your CIA. Consultation with other local authorities has been undertaken to get a common understanding of the requirements to provide interim Special Educational Needs and Disabilities Mediation and Disagreement Resolution Services. Salford City Council wishes to appoint three providers to deliver interim local Special Educational Needs and Disabilities Mediation & Disagreement Resolution Services from 1st September 2014 – 31st March 2015. The possibility of partnership working with neighbouring local authorities has been identified and will be investigated further. Please specify whether this was existing information or was obtained specifically in relation to this equality analysis and CIA process 7 Section D – Potential impacts and how these will be addressed Could your proposals have a differential impact relating to age equality Will people within certain age ranges not be getting the outcome they need? Will people within certain age ranges be disadvantaged as a result of your proposals? If the impact is negative, how will it be reduced or eliminated? If you are unable to eliminate, reduce or mitigate negative impacts, are your proposals potentially discriminatory on the grounds of age? Will the proposals mean that people within certain age ranges will experience positive outcomes? Highlight any positive impacts Are the proposals likely to impact on community cohesion? Is there potential to enhance relationships between people who share a protected characteristic and those who do not? Identify areas where there is potential to foster good relations Yes (Y) No (N) Explain impact(s) and what evidence or data exists to support your analysis? N N N 8 Section D (continued) – Potential impacts and how these will be addressed Could your proposals have a differential Yes (Y) impact relating to disability equality Will people with a disability not be getting Y the outcome they need? Will people with a disability be disadvantaged as a result of your proposals? If the impact is negative, how will it be reduced or eliminated? If you are unable to eliminate, reduce or mitigate negative impacts, are your proposals potentially discriminatory on the grounds of disability? No (N) Will the proposals mean that people with a disability will experience positive outcomes? Highlight any positive impacts N Are the proposals likely to impact on community cohesion? Is there potential to enhance relationships between people who share a protected characteristic and those who do not? Identify areas where there is potential to foster good relations N Explain impact(s) and what evidence or data exists to support your analysis? The expectation is that the changes will only have an impact on a small number of children and young people, specifically those whose parents/carers identify additional needs for their child. The new mediation arrangements will not apply to those who still have SEN statements or LDAs. Section D (continued) – Potential impacts and how these will be addressed Could your proposals have a differential Yes (Y) impact relating to gender equality (this includes pregnancy and maternity and marriage and civil partnership) Will men, women or boys and girls not be No (N) Explain impact(s) and what evidence or data exists to support your analysis? N 9 getting the outcome they need? Will men, women or boys and girls be disadvantaged as a result of your proposals? If the impact is negative, how will it be reduced or eliminated? If you are unable to eliminate, reduce or mitigate negative impacts, are your proposals potentially discriminatory on the grounds of gender? Will the proposals mean that men or women, boys or girls will experience positive outcomes? Highlight any positive impacts N Are the proposals likely to impact on community cohesion? Is there potential to enhance relationships between people who share a protected characteristic and those who do not? Identify areas where there is potential to foster good relations N Section D (continued) – Potential impacts and how these will be addressed Could your proposals have a differential impact relating to equality for people planning, undergoing or who have undergone gender reassignment? Will people planning, undergoing or who have undergone gender reassignment not be getting the outcome they need? Will people planning, undergoing or who have undergone gender reassignment be disadvantaged as a result of your Yes (Y) No (N) Explain impact(s) and what evidence or data exists to support your analysis? N 10 proposals? If the impact is negative, how will it be reduced or eliminated? If you are unable to eliminate, reduce or mitigate negative impacts, are your proposals potentially discriminatory on the grounds of gender reassignment? N Will the proposals mean that people planning, undergoing or who have undergone gender reassignment will experience positive outcomes? Highlight any positive impacts Are the proposals likely to impact on community cohesion? Is there potential to enhance relationships between people who share a protected characteristic and those who do not? Identify areas where there is potential to foster good relations N Section D (continued) – Potential impacts and how these will be addressed Could your proposals have a differential impact relating to race equality Will certain racial groups not be getting the outcome they need? Will certain racial groups be disadvantaged as a result of your proposals? If the impact is negative, how will it be reduced or eliminated? If you are unable to eliminate, reduce or mitigate negative impacts, are your Yes (Y) No (N) Explain impact(s) and what evidence or data exists to support your analysis? N 11 proposals potentially discriminatory on the grounds of race? Will the proposals mean that people within certain racial groups will experience positive outcomes? Highlight any positive impacts N Are the proposals likely to impact on community cohesion? Is there potential to enhance relationships between people who share a protected characteristic and those who do not? Identify areas where there is potential to foster good relations N Section D (continued) – Potential impacts and how these will be addressed Could your proposals have a differential impact relating to religion or belief equality Will people of certain religions or who have particular beliefs not be getting the outcome they need? Will people of certain religions or who have particular beliefs be disadvantaged as a result of your proposals? If the impact is negative, how will it be reduced or eliminated? If you are unable to eliminate, reduce or mitigate negative impacts, are your proposals potentially discriminatory on the grounds of religion or belief? Will the proposals mean that people of certain religions or who have particular Yes (Y) No (N) Explain impact(s) and what evidence or data exists to support your analysis? N N 12 beliefs will experience positive outcomes? Highlight any positive impacts Are the proposals likely to impact on community cohesion? Is there potential to enhance relationships between people who share a protected characteristic and those who do not? Identify areas where there is potential to foster good relations N Section D (continued) – Potential impacts and how these will be addressed Could your proposals have a differential Yes (Y) impact relating to sexual identity equality Will gay, lesbian and/or bi-sexual people not be getting the outcome they need? Will gay, lesbian and/or bi-sexual people be disadvantaged as a result of your proposals? If the impact is negative, how will it be reduced or eliminated? If you are unable to eliminate, reduce or mitigate negative impacts, are your proposals potentially discriminatory on the grounds of sexual identity? Will the proposals mean that gay, lesbian and/or bi-sexual people will experience positive outcomes? Highlight any positive impacts No (N) Are the proposals likely to impact on community cohesion? N Explain impact(s) and what evidence or data exists to support your analysis? N N 13 Is there potential to enhance relationships between people who share a protected characteristic and those who do not? Identify areas where there is potential to foster good relations Section D (continued) – Potential impacts and how these will be addressed Could your proposals have a differential impact on socio economic equality (people on a low income)? Will people on a low income not be getting the outcome they need? Will people on a low income be disadvantaged as a result of your proposals? If the impact is negative, how will it be reduced or eliminated? If you are unable to eliminate, reduce or mitigate negative impacts, are your proposals potentially discriminatory on the grounds of socio economic inequality? Will the proposals mean that people on a low income will experience positive outcomes? Highlight any positive impacts Are the proposals likely to impact on community cohesion? Is there potential to enhance relationships between people who share a protected characteristic and those who do not? Identify areas where there is potential to foster good relations Yes (Y) No (N) Explain impact(s) and what evidence or data exists to support your analysis? N N N 14 Section D (continued) – Potential impacts and how these will be addressed Could your proposals have a differential impact relating to any other equality groups, for example, carers, ex offenders, refugees and asylum seekers, gypsies and travellers)? Will people within any other groups not be getting the outcome they need? Will people within any other groups be disadvantaged as a result of your proposals? If the impact is negative, how will it be reduced or eliminated? If you are unable to eliminate, reduce or mitigate negative impacts, are your proposals potentially discriminatory for people within any other groups? Will the proposals mean that people within any other groups will experience positive outcomes? Highlight any positive impacts Are the proposals likely to impact on community cohesion Is there potential to enhance relationships between people who share a protected characteristic and those who do not? identify areas where there is potential to foster good relations Yes (Y) No (N) Explain impact(s) and what evidence or data exists to support your analysis? N Parents and Carers The reforms are about changes in the ways that education, health and social care professionals work with children, young people and families and in the ways they work with each other. The changes within the Children and Families Act require the LA to work more closely with the children, young people and parents/carers. Y The reforms are about strengthening protections and ensuring parents and carers have greater control over the services they and their family use. The system should ensure that they know what they can reasonably expect their local school, local college, local authority and local services to provide. N Section E – Action Plan and review Detail in the plan below, actions that you have identified in your CIA, which will eliminate discrimination, advance equality of opportunity and/or foster good relations. If you are unable to eliminate or reduce negative impact on any of the equality areas, you should explain why 15 Impact (positive or negative) identified Proposed action Person(s) responsible Where will action Target date be monitored? (e.g., Directorate Business Plan, Service Plan, Equality Action Plan) Required outcome The Children and Families Act – The Mediation, advice and Appeals CIA has identified impacts, both negative and positive. The Children and Families Act will come into effect from 1st September 2014, and will transform the way that services in relations to children and young people with SEND will be delivered. Salford City Council, Salford Clinical Commissioning Group To be identified Completed CIA and annual review of action plan As required Could making the changes in any of the above areas have a negative effect on other groups? Explain why and what you will do about this. Review Your CIA should be reviewed at least every three years, less if it has a significant impact on people. Please enter the date your CIA will be reviewed ……………………..You should review progress on your CIA action plan annually. 16 Section F – Summary of your CIA As your CIA will be published on the council’s website and accessible to the general public, a summary of your CIA is required. Please provide a summary of your CIA in the box below. Summary of Community Impact Assessment Brief summary of proposal or what you are impact assessing The Act provides the opportunity for parents and young people to consider mediation before they can register an appeal with the First-tier Tribunal (Special Educational Needs and Disability). Parents and young people will also be able to go to mediation about the health and social care elements of an Education, Health and Care (EHC) plan. The new mediation arrangements reflect a wider movement across government to promote early resolution of disputes through non-judicial means. How did you approach the CIA and what did you find? The service will be delivered by up to three approved providers via a Framework Agreement. This will be an interim six months pilot, which will inform future commissioning arrangements and service delivery. What are the main areas requiring further attention? The possibility of partnership working with neighbouring local authorities has been identified and will need to be investigated further. Summary of recommendations for improvement All policy and commissioning activity that results as a consequence of the Children and Families Act will undergo a CIA to eliminate discrimination and ensure that services meet the needs of the target group. 17 Section G – Next Steps Quality Assurance When you have completed your CIA, you should send it to your directorate Equality Link Officer who will arrange for it to be quality assured. Your CIA will be returned to you if further work is required. It is important that your CIA is robust and of good quality as it may be challenged “Sign off” within your directorate Your directorate Equality Link Officer will then arrange for your CIA to be “signed off” within your directorate (see below). Your directorate Equality Lead Officer or other senior manager within your directorate should “sign off” your CIA (below). Name Signature Date Senior Manager Emily Edwards 09/09/14 Lead CIA Officer Publishing When your CIA has been signed off within your directorate, your directorate Equality Link Officer will send it to Elaine Barber in the Equalities and Cohesion Team for publishing on the council’s website. Monitoring Your directorate Equality Link Officer will also send your CIA to your directorate Performance Officer where the actions identified within your CIA will be entered into Covalent, the council’s performance management monitoring software so that progress can be monitored as appropriate. 18