click Community Impact Assessment Form – Mediation, Advice and Appeals

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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
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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.
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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
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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)
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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
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




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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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