Post 16 High Needs Students
Paul Richardson
Head of 16-19 Learning and Skills
Session Overview
• Legislation
• How the process is changing
• Options for Post-16 High Needs provision and
the conditions
• How the funding system works
• Benefits
• Possible challenges
• Questions
Current Legislation (1)
The Apprenticeships, Skills, Children and Learning Act
2009 places a duty on the local education authority to
ensure that enough suitable education and training is
provided to meet the reasonable needs of:
(a) persons in their area who are over compulsory school
age but under 19, and
(b) persons in their area who are aged 19 or over but under
25 and are subject to learning difficulty assessment.
This provision can be from outside as well as within their
area.
Current Legislation (2)
In deciding whether education or training is suitable to
meet persons' reasonable needs, a local education
authority must (in particular) have regard to—
(a) the persons' ages, abilities and aptitudes;
(b) any learning difficulties the persons may have;
(c) the quality of the education or training;
(d) the locations and times at which the education or training
is provided.
And as these are public funds we are required to ensure
provision delivers value for money
New Legislation
Children and Families Bill
When commissioning provision the local authority
must be satisfied that:
(a) the interests of the young person require special
educational provision to be made, and
(b) it is appropriate for education and training to be
provided to the young person at that institution.
(c) where board and lodgings are provided at the
institution, that special educational provision cannot be
provided unless board and lodging are also provided.
Current Process
• Assessment completed by local authority.
• Provision agreed by panel
• Funding request submitted by local authority
to Education Funding Agency (EFA).
• EFA funds from regional pot (excludes Post 16
in Special Schools – LA funds)
New Process
• Assessment completed by local authority
• Provision agreed by panel – multi agency
• Place numbers submitted to Education
Funding Agency who fund first £10,000 £11,000 per place
• Local authority fund ‘top-up’ to actual costs
out of new High Needs budget in real-time
Assessment Process
• Previously a young person would have a
statement of educational need or a S139
assessment (post 16)
• Under the draft Children and Families bill this
will change to an Education, Health and Care
Plan – the ‘One’ Plan
• As Darlington is a pathfinder EHC’s can/will be
used from September 2013.
Options for High Needs Provision
1. Is Special Education provision appropriate?
Or is it still appropriate? Annual review
2. Can it be provided locally? If not,
3. Is there a specialist provision nearby that can
provide it? If not,
4. Is a residential placement required?
Conditions
• Must be an Education Funding Agency (EFA)
approved provider
• Must be achieving measurable educational
outcomes. Reviewed annually.
• Must differentiate between Education, Health
and Social Care provision
• Must consult with provider beforehand
Funding Process – Place Plus
EFA
Commissioning local
authority
Element 1 – Based on historic learner numbers, part of
Learner Responsive allocation
Early
Years
Block
Element 2 – negotiated between LA, EFA and provider,
process starts in the October preceding the start of the
academic year
Schools
Block
High
Needs
Block
Element 3 – paid in real time and based on actual
occupancy. Termly count and paid monthly.
Element 1
Learner
Responsive
funding
approx.
£4,000
Element 2
£6,000
Element 3
High
Needs
Funding
based on
actual
costs
Post 16 Academy, FE College or ISP
Timeline for placements
• September (Y11/Y13) at the latest final
assessment made of educational need
• October – inform EFA of place numbers
• January – provisional place numbers agreed
• March – final place numbers notified to LA
• September – Student starts provision
Benefits of new process
• Single process 0-25
• Single assessment across Education, Health and Care
• Single funding system for providers - Special Schools /
Colleges / ISPs all funded under the same formula
• Better value for money – we can now compare
provider costs across providers
• Competitive market is encouraging more local delivery;
for example Darlington College is now working with
two ISPs to develop local specialist provision
Possible challenges
• Getting all the agencies to work together
• EFA cap on place numbers
• Shortfall in funding transferred into LA, can’t
now call on regional / national pot.
• Raising of the Participation Age – 17 for this
years leavers and 18 next year.
• Minimum requirement of 600 hours for full
participation (16 hours a week)