SEND Reforms
Multi-agency training day
6th November 2014
Intended Outcomes
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Develop awareness and understanding of the new
SEND Reforms
Develop shared understanding of the Graduated
Approach and the expectations/challenges for settings,
schools and colleges
Introduce Rochdale’s Local Offer
Introduce the process of applying for a new EHC needs
assessment
Introduce the process of converting Statements to EHC
plans
Discuss the format for professional advice
Where are we now and how did we get here?
1995 Disability
Discrimination Act
(DDA)
2004 DDA
amendment
2011 Support and
Aspiration Green
Paper
1998 DDA
amendment
2005 DDA
amendment
2013 Learning
Difficulty
Assessments
Statutory
Guidance
2001 Special
Educational
Needs and
Disability Act
(SENDA)
2010 Equality Act
2014 Children and
Families Act
2001 SEN Code of
Practice
2001 Inclusive
Schooling
2010 Ofsted
Review of SEND
2014 Special Educational
Needs and Disability Code
of Practice 0 – 25 years
The Legislative Journey
Ref : Lancasterian Outreach
and Inclusion Service (LOIS)
The person is ‘faulty’
Focus on diagnosis
and label
Person has to fit into
society
Person has to adapt to
the world around them
The
impairment is
the problem
Person is a passive
receiver of services
Person is highly
dependent and
needs to be cared for
Need to cure or at
least normalise
Professionals know
what’s best and
make the decisions
Ref : Lancasterian Outreach
and Inclusion Service (LOIS)
The person is unique
and valued for
themselves
Person participates
fully in society and
has equal access to
opportunities
Environment is adapted
to the person
Person is in control
of services and
people who support
them
Diagnosis supports
understanding
Society is the
problem
Person is encouraged
to be as independent
as possible
Person’s needs and
how they can be met
are considered
Professionals allow
the person to make
informed choices
about provision
Ref : Lancasterian Outreach
and Inclusion Service (LOIS)
The Challenge
… just 3 of almost 100 documents issued to schools since
September
The Big Picture
• In force since September 2014
• Some transitional arrangements
• Provisions for those in youth custody do
not come into force until April 2015
Who must have regard to the Code?
• Local Authorities (education, social care and relevant housing and
employment and other services
• Governing bodies of schools including non-maintained special schools
• Governing bodies of further education colleges and sixth form colleges
• Proprietors of academies
• Management committees of pupil referral units
• Independent schools and independent specialist providers
• All early years providers
• National Health Service Commissioning Board
• Clinical Commissioning Groups
• NHS Trusts
• Local Heath Boards
• Youth Offending Teams and relevant youth custodial establishments
• The First-tier Tribunal (SEN and disability)
Main changes from 2001 Code
• Covers 0-25 age range and includes guidance relating to disabled CYP as well as
those with SEN
• Clearer focus on participation of CYP and parents in decision making at individual
and strategic levels
• Stronger focus on high aspirations and improving outcomes for CYP through
support that enables those with SEN to succeed in education and make a
successful transition to adulthood
• SEN Support replaces Action and Action+
• EHC plans replace Statements and LDAs
Includes guidance and information on:
- Joint planning and commissioning to ensure cooperation between education,
health and social care
- Graduated approach for education and training settings
- Relevant duties under the Equality Act 2010
- Relevant provisions of the Mental Capacity Act 2005
Principles (1)
• All children have a right to education that enables them to make progress so that
they:
- achieve their best
- become confident individuals and live fulfilling lives
- make a successful transition into becoming an adult
• All children with SEN or disabilities should have their needs met
When making decisions about SEN or disabilities, the LA must:
• Have regard to the views, wishes and feelings of CYP and their parents
• Make sure that CYP and their parents participate as fully as possible in decisions
that affect them
• Provide support to children and young people and their parents so that children
and young people do well educationally and can prepare properly for adulthood
• Give CYP and parents access to impartial information, advice and support
• Involve CYP and their parents in developing provision and services
Also, services that provide help for CYP need to work together to the CYP’s benefit
Principles (2)
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Participation of CYP and their parents in decision making
Early identification and early intervention
Greater choice and control for CYP and their parents over support
Collaboration between education, health and social care to provide
support
High quality provision to meet the needs of CYP with SEN
Focus on inclusive practice and removing barriers to learning
Successful preparation for adulthood, including independent living
and employment
Definitions of SEN (1)
A CYP has SEN if they have a learning difficulty or disability which calls for
special educational provision to be made for him or her.
A CYP has a learning difficulty or disability if he or she:
- has a significantly greater difficulty in learning than the majority of others
of the same age
or
- has a disability which prevents or hinders him or her making use of
educational facilities of a kind generally provided for others of the same
age
Definitions of SEN (2)
For children aged 2+, SEN provision is educational or training provision that is
additional to or different from that made generally for other CYP of the same
age. For a child under 2 years special educational provision means
educational provision of any kind.
A child under compulsory school age has SEN if likely to fall into the previous
definition when they reach compulsory school age or would do if provision
was not made for them.
Broad Areas of Need
Communication and Interaction
Cognition and Learning
Social, emotional and mental health difficulties
Sensory and/or physical needs
Disabled CYP
Equality Act 2010 definition of disability:
- a physical or mental impairment which has a long term and
substantial adverse effect on CYP’s ability to carry out normal
day to day activities.
Substantial – ‘more than minor or trivial’
Long-term – ‘a year or more’
Definition includes long term health conditions.
Equality Act 2010 – basic points
• Duty to be anticipatory
• Duty to make reasonable adjustments to enable
access and participation
• Duty to avoid putting disabled people at a
disadvantage
Activity – 30 minutes
FIRST
In mixed groups – nominate someone to scribe and someone to
feedback, read through information from the Code regarding one
specific area and identify:
1. Key points/messages (no more than 5)
2. Implications/issues/challenges in terms of how we support
settings/parents/CYP
THEN
Identify actions for your team and any multi-agency working that needs
to take place
Record on flip chart 
The Graduated Approach – expectations
UNIVERSAL
Quality First Teaching – all teachers to adapt
teaching to respond to the strengths and needs of
all pupils (Teacher’s Standards 2012), every teacher
is responsible and accountable for all pupils in their
class wherever or with whoever the pupils are
working with
SEN SUPPORT
Personalisation
Additional to and different from
-
Inclusive ethos
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Flexibility of approach
-
Assess – Plan – Do – Review
Person centred planning with
the young person and
parents/carers
Outcome focused planning
Small group and individualised
programmes
Specialist support and advice
EHC PLAN
Activity
Consider the interventions below and decide where on the graduated
approach you would place them:
ability set for
literacy
weighted
cutlery
workstation
visual
timetable
Social Use of
Language
Programme
(SULP)
scribe
move & sit
cushion
time out card
laptop
Chewelry
differentiation
metacognitive/
thinking skills
programme
nurture group
Picture
Exchange
Communication
System (PECS)
iPad
Toe by
Toe
Circle of
Friends
Think about:
• How did you decide where to place the interventions?
• What makes the difference between Universal and SEN Support?
Interventions and the Graduated Approach
Frequency
Length
Individualisation
Catch up or long term
Some of the time or most of the time
Same as the rest or personalised
The Graduated Approach – support
UNIVERSAL
SEN SUPPORT
EHC PLAN
LOCAL OFFER
www.rochdale.gov.uk/localoffer (stacey.bennett@rochdale.gov.uk)
THERAPY INVOLVEMENT
EPS
RANS
IDP online:
Dyslexia
BESD
Autism
SLCN
www.idponline.org.uk
Research sites:
Sutton Trust
Education Endowment Foundation
Communication Trust
SEND Gateway
http://www.sendgateway.org.uk/
SCOPE Learning Together toolkit
www.scope.org.uk/support/profe
ssionals/learning-together
Sources specific to individual
needs e.g. National Autistic
Society, Dyspraxia Foundation,
Communication Matters
Implementing the Reforms – what’s happening now?
For the January census –
School Action/School Action Plus -> Universal or SEN Support
How do schools make that decision?
• Review what’s already happened at SA and SA+
• Decide whether or not the child’s needs are being met? (This decision
will need to be evidenced)
• Are school ready/able to put in place interventions/support?
• What are the views of staff/parents/young person?
When SEN Support is not enough
Unless it is clearly apparent that the CYP has severe and
complex needs, settings must demonstrate that they have
‘exhausted’ resources and strategies at Universal and SEN
Support levels before applying for an EHC plan including how
they have used their funding.
SEN Funding in schools
Element 1:
An amount of money for each
pupil in the school, funding
based on the total number of
pupils in the school.
Element 2:
An additional amount of money
to help make special
educational provision to meet
children’s SEN, called the
‘delegated SEN budget’.
In Rochdale, all schools,
including academies, are getting
£4000 for each pupil.
Based on results at end of EYFS
and KS2.
This is the core budget for each
school and it is used to make
general provision for all pupils in
the school including pupils with
SEN.
The government has
recommended that schools
should use this notional SEN
budget to pay for up to £6,000
worth of special educational
provision to meet a child’s SEN.
Element 3:
High Needs Block - Top-up
funding
If the school can show that a
pupil with SEN needs more than
£6,000 worth of special
educational provision, it can ask
the local authority to provide
top-up funding to meet the cost
of that provision.
Requesting an EHC Needs Assessment
NB – the following were originally links however they are now available on the
Rochdale Schools Intranet and Rochdale’s Local Offer as named below. To
access the forms on the RSI simply go to the SEN page.
• Criteria – Graduated Response to SEN in Rochdale
• Request Form – EHC 01 Stat Assess Req Form (editable)
• Advice Template – EHC Needs Assessment – Advice Template
• Advice Guidance – Guidance for advice providers
Send to Local Authority, considered at multi-agency panel held every two
weeks
• Panel Checklist – Guidance EHC Request (editable)
(To access the forms on the Local Offer, first go to the Rochdale website, search
for Local Offer, then SEN & Disability Services on the left hand side of the
screen, then keyword SEN Assessment Team and the forms are on the left hand
side. Currently submissions can only be accepted in paper format.)
Activity - Outcome or Provision?
1. By the end of Year 6 Bob will be holding conversations with other children and adults
2. A language programme to be devised by a speech and language therapist
3. Mabel will be able to read and spell 100 words
4. A gross motor skills programme to be undertaken regularly
5. Will achieve 5 GCSEs at A to C level
6. Will attend trampoline club three times a week
7. To be able to tell a trusted member of staff how he’s feeling
8. To shower, dress and wash hair independently
9. To access community
10. Homework differentiated to Madge’s needs
11. To extend numeracy and literacy skills
12. To attend SULP group
13. To use a move and sit cushion.
14. To be able to travel independently using public transport to and from college
15. Will use a BigMack to join in circle time
Writing Advice - Outcomes
• Specific- must contain a verb
• Measurable- how will we know it has been
achieved
• Achievable- small steps
• Relevant- will it make a difference?
• Timed- by when?
Writing Advice - Provision
• Specific
• Quantifiable
What is it?
Who’s going to do it?
When is it going to be done and how often?
How is it going to be reviewed?
EHC Needs Assessments
Advice and information must be sought* as follows:
(CoP paras 9.45-9.52)
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The child’s parent or young person, and wherever possible the child
Current educational institution attended, or person responsible for educational provision
Health care professionals
An Educational psychologist
Social care (from children’s or adult services)
From Y9, advice on preparing for adulthood and independent living
From any person requested by the child’s parent or young person
Any other advice or information which the LA considers appropriate e.g. from a youth
offending team
*The LA must not seek further advice if it has already been provided and the person providing
the advice, the LA and the child’s parent or young person are all satisfied that it is sufficient
for the assessment process.
New EHC Plans – the process – 20 week timescale
3 Weeks
Decision made/ Assessment Started
6 Weeks
Initial Person-Centred Visit/ Advice due in
8 Weeks
Initial My Plan drafted from advice/
initial meeting
10 Weeks
Indicative budget generated.
My Plan Meeting
12 Weeks
13 Weeks
Updated proposed plan to admin for
formatting
Checked by manager
14 Weeks
Proposed plan issued
18 Weeks
Settings consulted with, any changes made to plan
20 Weeks
Final Plan Issued
Sections of an EHC Plan (My Plan)
SEE ADDITIONAL DOCUMENT – SECTIONS OF A MY PLAN
Conversions – the timetable*
Current Year Group
To be converted
in
Current Year Group
To be converted
in
<1
15/16
12 (if staying in school)
16/17
0
15/16
13 (if staying in school)
15/16
1
15/16
14/15
2
16/17
12/13/14 (if leaving
school for F.E.)
3
16/17
Electively Home Educated
17/18
4
16/17
5
14/15
6
17/18
7
16/17
9
14/15
10
15/16
11
14/15
*Further information available on the Local
Offer (path as previously detailed) – Rochdale’s
Local Transition Plan
Conversions – the process – 14 week timescale
-4/6 Weeks
School to send out invites to parents, young person and
professionals- request up to date information from all parties.
Parents or young person supported to complete the My Story and
give their views
-2 Weeks
All up-to date information collated and circulated to relevant
professionals and YP/parents. Formal notification of start of
Transfer review.
10 Weeks
Person Centred Transfer Review (held instead of the Annual
Review)- consideration of personal budget
Annual review form and all up to date
advice sent to the LA.
Decision made whether to issue a plan or to cease to maintain
the Statement. Plan drafted by LA officer
Plan issued with opportunity for YP/Parents to comment
12 Weeks
Any alterations made and Final Plan Issued
0 Weeks
2 Weeks
6 Weeks
Conversions – preparing for the transfer review
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Up-to date information/advice
Parents view
Young person’s views
Independent Supporter Role
Building a Workforce to Make the Reforms Work
Activity:
What is important to young people with SEN and
disability?
What would CYP and families in Rochdale say
about how professionals in Rochdale work with
them and others?
The Cultural Shift
We need to:
– Put the CYP and family at the centre of the team
– Empower CYP and families to make informed choices and have
their voice heard
– Acknowledge parents as the expert
– Shift away from the professionals telling the family the child’s
problems and what they need to do to
– Listen to the family’s priorities and feelings and deliver services
accordingly
– Work together to provide the best possible care for the child
and family
What have we got to help with this?
Mission
To improve
outcomes
for disabled
children
and their
families
through
services
working
together
more
effectively
on the
front-line
Strategy
Improving
information
sharing among
practitioners
and with
parents/carers
Embedding a
common
approach to
assessment,
working in
partnership
with families
Support multi
agency and
partnership
working
Key processes & tools
Information Sharing Practice
& Cross Government
Guidance
Common Assessment
Framework
Lead Professional/Key worker
Education, Health and Care
Plans and the family service
plan
Information booklets and
background information file
Useful Links
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SEN Code of Practice
SEND guides – Early Years, Schools, Further Education, Parents, CYP, Health, Social Care
Young Person’s Guide to the Children and Families Act 2014
Supporting Pupils at School with Medical Conditions
Reasonable Adjustments for Disabled Pupils
Equality Act – Advice for Schools
Equality Act – Advice for Further Education
Transition to the New 0 to 25 SEND system
NB – UNDERLINED TEXTS ARE
HYPERLINKS TO THE DOCUMENTS
ONLINE, HOWEVER YOU MUST BE
RUNNING THE SLIDE SHOW FOR
THESE TO WORK