Implications of new SEN Code of
Practice
(Including changes to Appendix B)
Objectives
• To understand the changes to practice and
actions required to implement the new SEN Code
of Practice
• To understand how to meet the statutory
requirements to produce an SEN information
report/SEN Policy
• To understand how to transfer existing
Statements to EHC Plans
• To understand Personal Budgets
• To understand how to apply for an EHC Plan in
the future.
Legal framework
• Children and Families Bill, Part 3 – received Royal
Assent on March 13th 2014 and is now an Act of
Parliament (law)
• Legislation relating to this Act comes into force
on September 1st 2014
• The legal framework is contained within the
associated regulations, the Code of Practice and
other related documentation from the DfE.
• See Useful Links hand out
Post September 2014
• Definition of SEN remains the same
• 2 categories – SEN Support and SEN with EHC
Plan
• Definition of SEN Support will vary and is at
discretion of school/setting. Generally means
provision that is needed where highly
differentiated and high-quality teaching is not
enough to meet the needs of some pupils.
• ASSESS, PLAN, DO AND REVIEW
Consultation with pupils and parents
• SEND guide for parents (see Useful Links hand
out)
• Consultation is key
• Gathering pupil views and parent views
• Consult on policy
• Collaborate at every stage
• Increased requirement to report (3 x per year)
Independent support for Parents
• There must be independent support available to
parents.
• Kent Parent Partnership
http://www.kent.gov.uk/education-andchildren/special-educational-needs/support-andadvice/kent-parent-partnership-service
• Kent Parent Carer Forum website www.kpcf.co.uk
• M4S currently recruiting independent supporters
www.m4s.org.uk
• The LA has published details of Independent
Supporters and their contact details on Kent.gov.uk
Statements are being replaced by
new Educational Health and Care
Plans (EHCP).To help, KDCPDC
are offering Independent
Support locally to families in Kent.
Call us on 0300 011 0151 to
find out how we can help.
Who can we help?
An Independent Supporter can help
parents of children and young people
aged 16 to 25 if they have:
• An existing statement.
• Have been assessed as needing
a new Education Health Care Plan
(EHCP).
• Are approaching school leaver age
and would have expected to have
a Learning Difficulty Assessment
(LDA) under the old system.
How can we help?
• Make sure parents and young
people can give their views and
make choices.
• Help prepare for meetings.
• Make you aware of the
Local Offer.
• We can tell you where to get
help for an appeal.
(but we can’t get involved directly)
To find out more
call your local
Independent Support
w worker on 0300 011 0151
or email: info@iskent.org
M4S charity no: 1140764
Company no: 07324545
member of KDCPDC
SEN register
• Inform parents of any changes
• See draft letters
• Inform staff of changes and ensure parents get
consistent messages from ALL staff in the school.
• Consider how you will do this and how your staff
will make use of this information?
SEN Policy/SEN Information report
SEN Policy/SEN Information Report can be found at:
http://www.kelsi.org.uk/pupil_support_and_wellbeing/ta
rgeted_support/sen_and_disabilities/sen_forms.aspx
• Key aspects:
–
–
–
–
–
User friendly language,
SEN Governor and Governor responsibility,
Consultation with parents,
Accessibility Plan
Publish on website
Transfer of Statements to EHC Plans
• The LA intends to transfer all mainstream
Statements to EHC Plans in 2014-15
• The transfer review will take the place of Annual
Review and will result in the creation of an EHC
Plan that will remain in place until 25 or until
discontinued.
• School must notify Area SEN office to send
formal letter of transfer. The 14 weeks
timeframe commences from date of letter.
• Remember: Schools are NOT writing legal
documents. The school is making a
recommendation to the LA which it will adopt
and will maintain responsibility for in law.
Transfer of Statements to EHC Plans
• Create timetable that reflects the current Annual
Review timetable – spread the workload but meet
statutory deadlines. Prioritise Yrs R, 2, 5, 7 and 14 this
year (and leavers in Yrs 11,12 and 13).
• Inform all concerned of dates and give Health at least
12 weeks notice for report/visit/attendance.
• Request electronic version of all Statements – must be
password protected documents and issue formal
notice.
• Familiarise yourself with documents and read guidance
version
• Schools to complete Transfer Review and return
documentation within 5 weeks of start of process
(issue of letter) and send to Area Office.
Timescale for transfer
Transfer minus 12 weeks – set meeting date, notify health and
request reports from SS etc
1. Formal Notice to parents giving at least 2 weeks notice (Wk
1-3)
2. Transfer Review held (Wk 3)
3. Written Report (draft plan) sent to SEN (Wk 4-5)
4. Quality Assure the draft plan (Wk 6-9)
5. Draft Plan to parents for comments (WK 9)
OR Decision not to issue plan
6. Parents opportunity to consider (Wk 10-11)
7. Checking parents views and finalising the plan (Wk 11-13)
8. Finalise (Wk 14)
Timeline for Transfer (Mainstream)
Year
2014-2015
Convert yes /no
Year
2015-2016
Convert yes /no
Year
2016-2017
Convert yes /no
Year
2017-2018
Convert yes /no
R
YES
R
YES
R
Yes *
R
Yes *
1
NO
1
N/A
1
N/A
1
N/A
2
YES
2
YES
2
Yes *
2
Yes *
3
NO
3
N/A
3
N/A
3
N/A
4
NO
4
NO
4
N/A
4
N/A
5
YES
5
YES
5
YES
5
N/A
6
NO
6
N/A
6
Yes *
6
Yes *
7
YES
7
N/A
7
N/A
7
N/A
8
NO
8
N/A
8
YES
8
N/A
9
NO
9
YES
9
Yes *
9
Yes *
10
NO
10
No
10
N/A
10
N/A
11
Leavers only
11
Leavers only
11
YES: whole cohort
11
N/A
12
Leavers only
12
Leavers only
12
Leavers only
12
Yes *
13
Leavers only
13
Leavers only
13
Leavers only
13
YES: whole
cohort
14
YES: Whole
cohort
14
YES: Whole cohort
14
YES: whole cohort
14
YES: whole
cohort
Comments
Comments
The only conversions which will be
significant Must cohorts are

For primary pupils - year R and
5

for Secondary pupils - year 7
and 14 and any leavers
The only conversions which will be
significant Must cohorts are

For primary pupils - year 2 and
5

for Secondary pupils - year 9,
14 and Leavers
Comments
The only conversions which will be
significant Must cohorts are

For primary pupils - year 5

Secondary pupils - year 8, 11
and 14 and any leavers
Comments
The only conversions which will be
significant Must cohorts are

for Secondary pupils - year
13 and 14
Transfer of Statements to EHC Plans
• Schedule meetings – beware of meeting
overload/exhaustion
• Gather all relevant documentation but
remember, this is not a re-assessment
• Request up-to-date reports
• Start to gather pupil and parent views (this
can be done well in advance of the transfer
meeting).
Transfer of Statements to EHC Plans
• Section A
• Pupil and parent views – these should include
aspirations for the future as well as current
interests, strengths and views
• Summarise how the pupil communicates best,
their history and make clear whether the views
are those of the child directly; whether they are
being quoted or their views represented
Discuss Pupil and Parent Views Appendix 1.
Mental Capacity Act
Decision making: Mental Capacity
The Mental Capacity Act 2005 is a law that protects and supports people who do
not have the ability to make decisions for themselves. The Act applies to young
people aged 16 years and over in England and Wales.
I have the mental capacity to: (please circle)

Make all my own decisions

Make some of my decisions
Or,
……. helps me to make my decisions.
Or,
- - - - - - (please write name) has been granted deputyship under the court
of protection to make decisions on my behalf in relation to
 Financial matters
 Healthcare and welfare matters
 Financial, healthcare and welfare matters
The LA will need to have evidence of deputyship.
Transfer of Statements to EHC Plans
• Section B.
• Consider whether primary need/description of
pupil needs remains accurate – update with
new diagnoses etc.
• Describe child/young person’s needs in order
of priority. Include Health and Social Care
provision if these educate or train the
child/young person
Section B
The Child or Young Person’s SEN
Name’s current needs:
Overview
NAME has significantly greater difficulty in learning than his/her age peers because:
INSERT brief pen picture (including any diagnoses and arrange the following according
to area of highest need
1. Communication and Interaction
2. Cognition and Learning
3. Social, Emotional and Mental Health
4. Sensory and/or Physical
Transfer of Statements to EHC Plans
• Section C
• Specify any health needs identified which
relate to the child/young person’s SEN
Transfer of Statements to EHC Plans
• Section D
• Specify Social Care needs where these relate
to the child/young person’s SEN or which
require provision for a child/young person
under 18 under Section 2 of the Chronically
Sick and Disabled Persons Act 1970
• Include reference to any CP/CHIN plans but
not full detail
Transfer of Statements to EHC Plans
• Section E
• Outcomes sought for the child/young person
• A range of outcomes over varying timescales
covering education, health and social care.
• Could be adapted from previous Statement
objectives if they remain relevant
• May require writing from new
What is an outcome?
• Outcomes should be focused on education and
training, health and care. They should be
designed to ensure that children/young people
can progress in their learning and, as they get
older be well prepared for adulthood.
• Outcomes should always enable children and
young people to move towards long-term
aspirations of employment or higher education,
independent living and community participation.
What is an outcome?
• An outcome can be defined as the benefit or
difference made to an individual as a result of
intervention.
• It should be personal and not expressed from
a service perspective
• It should be something that those involved
have control and influence over
• It should be SMART
What is an outcome?
• Where an outcome is focused on education or
training, it will describe what the expected
benefit will be to the individual as a result of
the education or training intervention
provided.
For instance
Aspiration (Section A) – I want to be able to
read so that I can pass the test to be a train
driver when I am older.
Outcome (Section E) – X will be able to read the
first 100 high frequency words by the end of Key
Stage 2.
What is an outcome?
• When composing Outcomes it is important to
consider both what is important to the
child/young person and what others consider
important for the child/young person.
• Outcomes will usually outline what will be
achieved by an end of phase or stage of
education – it must be related to the provision
the school will make or that recommended by
Health/Social Care.
• From Yr 9 onwards the nature of the outcomes
will reflect the need to ensure young people are
preparing for adulthood.
Provision to achieve the outcomes
• Section F - Provision Plans
• Provision must be detailed and specific and
should normally be quantified, for example, in
terms of the type, hours and frequency of
support and level of expertise.
• Provision must be specified for each and every
need described in Section B
• Where Health or Social Care provision educates
or trains a child/young person, it must appear in
this section
Outcome
Enter 1 x outcome
Strategies
Enter appropriate Core standards/generic strategies
Or appropriate strategies for the special school
Bespoke /specialist Resources
Enter any resources required to enable access to learning and any resources
provided via a Personal Budget
Cost if applicable
Intervention
Recomme
nding
body
Target
Exit Data
(progress to
date)
A specific target that
can be used to
measure small steps of
progress towards
outcome.
Record
progress at
each
milestone/
review
Frequency/
duration
A description of the intervention
required
Annual Review
Has this outcome been met?
Should the outcome be changed?
Changes to
provision
made or
required
Staffing
Cost per session/year
Milestones
and
Monitoring
Identify the staff who is
delivering
Work out cost if in
Mainstream (not Special
or SRP)
Agree
milestones
that should
be used to
determine
any changes
in provision
Total cost (including
resources)
Schools to insert costs
Milestones
reached
Entry
Data
Links to funding explained
• The provision you are making will be likely to
meet or exceed the 6K mandatory funding;
make sure that your Provision Plan includes
evidence of this expenditure.
• At each subsequent Annual Review you will
need to evidence the impact of that spending.
Personal budgets
• Local Authority Policy is being developed and will be
published as part of the Local Offer on kent.gov.uk.
Key Points:
• All have the right to request a personal budget
• A personal budget can be notional – i.e. If all funds
have already been allocated in order to meet the needs
and outcomes then there will be no opportunity to
access a direct payment as part of a personal budget
• In a small number of cases the personal budget will be
a direct payment
Personal Budget
It’s not about;
• Transferring money from schools to parents
• Allowing parents to dictate to schools who
they employ or how the money is spent
Making application for Statutory
Assessment
• Application(school referrals) is ONLY through LIFT
• At LIFT, decision will be taken to recommend
assessment or to recommend further SEN
Support in school
• Schools will have to present evidence in much the
same way as they do now, evidencing the impact
of provision, (ASSESS, PLAN, DO AND REVIEW)
but with greater emphasis on demonstrating that
Mainstream Core Standards have been met.
Informed Consent
re Transfers
•
Must sign up to Kent and Medway
information sharing agreement
•
must get informed consent
•
must use new documentation
Informed Consent
for new requests
• sign up to Kent and Medway agreement as above if not
already done
• Get consent - no consent no SA
• Consent needed before you go to LIFT
• Young people as defined in the Act need consent from
them or they need to request a SA
• informed consent means explaining what information we
will seek, that the LA MUST seek if from those as outlined
in the regulations (i.e. parent/carer/YP, school/education
provider, educational psychology and so on ) it is important
that families and YP recognise the no opt out clause (unless
there is a safeguarding issue )and that the information we
gather may include information about the whole family
(including absent parents/step families for example) Child
protection plans and so on
Appendix 2
Discuss differences between Appendix B and
Appendix 2
Consider guidance notes and discuss
Checklist
• Review SEN Register – inform parents and staff
• Create Vulnerable Register so that vulnerable
non-SEN pupils are not overlooked
• Discuss SEN Policy/Information report with GB
and agree consultation method
• Create timetable for transfer of Statements
(prioritise Years R, 2, 5, 7, 14) and alert all
involved (Health, Social Care, Parents etc)
• Request electronic version of Statements plus
issue of notice
Checklist contd.
• Lead staff meeting on changes to Code of
Practice and alert teachers to roles and
responsibilities. Invite governors to attend.
• Draft SEN Policy/SEN Information Report and
consult with parents
• Analyse feedback from parents – make
necessary adjustments and formally adopt.
• Publish SEN Policy/ SEN Information Report on
school website