SEND Reforms Event
Pam Beaumont
Project Officer SEND Reforms
Children & Enterprise Directorate
Aims & Objectives
To raise awareness of key legislative changes
To understand the implications for specific services
To share Halton’s approach for implementing the SEND
Reforms
To participate in the Journey of the Child case study &
share good practice in the Education, Health & Care Plan
workshops
To demonstrate development of Halton’s Local Offer
To understand the changing role of information, advice
& guidance services
Working
Together
Advocacy
SEND
Reforms
SEND
Reforms
Messages
KeyKey
Messages
Participation
SEND
Legislative Framework
Pam Beaumont
Project Officer SEND Reforms
Children & Enterprise Directorate
The current system of SEND support is complicated,
expensive and delivers poor outcomes
• Parents struggle to find services that should be helping them, battle to get
the help their children need and constantly have to repeat their stories
• The transition from children’s to adults’ services can be very difficult
• LAs spend over £5 billion a year on SEND provision and yet those with
special needs are more likely have poor GCSE achievements and are often
Not be in Education, Employment or Training or be unemployed
• 1 in 5 children are currently identified as having some form of SEND with
2.8% having a more complex need
Working with children, young people
and their parents/carers
Section 19 of the Children and Families Act lays the foundation for working in
partnership with children and young people and their parents and carers
Local authorities must have regard to:
• The views, wishes and feelings of the child, young person and their
parents
• The importance of allowing them to participate in decisions relating to
themselves (or their child)
• The importance of providing information to enable active participation in
decision-making
• The need to support the child, young person and their parents to facilitate
development and enable the best possible outcomes - educational or
otherwise
Children and Families Act Overview
• New requirement for LAs, health and care services to commission
services jointly for SEN and disability
• LAs to publish a clear, transparent ‘local offer’ of services
• More streamlined assessment process, co-ordinated across education,
health and care
• New 0-25 Education, Health and Care Plans for those with more
complex needs
• New statutory protections for young people aged 16-25 in FE
• A new duty on health commissioners to deliver the agreed health
elements of EHC plans
• The option of a personal budget for families and young people with an
EHC plan
Legal Framework & Implementation
- Children and Families Act 2014 – Royal Assent 13 March 2014
- Regulations laid – spring 2014
- New Special Educational Needs and Disability Code of Practice – final stage
of consultation until 6 May https://www.education.gov.uk/consultations/
- LAs, CCGs and education settings prepare for implementation –
implementation pack published 8 April
https://www.gov.uk/government/publications/implementing-the-0-to-25special-needs-system
- SEND Reforms commence from 1 Sept 2014
- Transitional arrangements – phase out LDAs by Sept 2016, statements by
April 2018
Key Changes from September 2014
• LAs and CCGs will work together to commission services jointly to secure a
better integrated system for 0-25 year olds
• Working together to produce a local offer of services, developed with
parents and young people
• A streamlined assessment process, co-ordinated across education, health
and care involving children, young people and their families
• A new 0-25 Education, Health and Care Plan to replace the current system
of Statements and Learning Difficulty Assessments
• A phased transition for those already with Statements and Learning
Difficulty Assessments, taking place over time
For Local Authorities
What:
By September 2014, all LAs will need to have:
•
Established local partnerships with children, young people and parents and
education, health and social care.
•
Developed plans for joint commissioning across education, health and care
services, 0-25;
•
Published the local offer, fully involving parents and young people;
•
Developed processes for co-ordinated assessment, planning and EHC plans;
•
Set out a co-produced local policy for personal budgets;
•
Planned provision of local information, advice and support (with users)
•
Reviewed and developed local mediation and disagreement resolution
arrangements
EHC Assessment and Plans Overview
EHC plans will be statutory documents, and will have legal force
on education and health support.
The co-ordinated assessment and EHC planning process should:
•
Promote a “tell us once” approach to sharing information
wherever possible
•
Put children, families and young people at the centre of
the process
•
Have effective co-ordination between education, health
and care services, with joint agreement on key outcomes
•
Include consideration of a step down process for
children/young people who do not have plan following
assessment or who do not meet the criteria for an
assessment
•
Have a maximum 20 week assessment and planning
process from initial request to issuing the final plan
EHC plans should be:
• Clear, concise, readable and accessible to parents, children,
young people and practitioners
• Specific about special educational needs, outcomes, health and
care provision needed, with clearly identified sections
• Supportive of preparation for key transition points
• Portable
In Greenwich, families are setting
up password-protected websites
personalised with music, short
films and written reports to bring
their EHCPs to life. Professionals
regularly post video clips and other
information to keep the plan up to
date.
Local Offer Overview
What: LAs and CCGs must work together to set out
in one place information about provision they
expect to be available for children and young
people in their area who have SEND, including
those who do not have EHC plans.
How it helps:
• Children young people and their parents and
carers can shape the local offer – LAs must
consult on it and publish what they have done in
response to that consultation;
• The local offer will make it much easier for
children, young people and their parents to
navigate the support available, drawing on
information, advice and guidance and key worker
support;
• Through the Code of Practice we are updating the
four areas of need.
For Early Years settings
What:
Early Years providers are required to:
• follow the standards set out in the Early Years Foundation Stage
framework, which includes supporting children with SEND
• they are no longer required to record on early years action / early years
action plus
• work in partnership with parents/carers to develop a plan of support
• admit a child, where the nursery is named in their EHC plan
• co-operate with the local authority in developing the local offer
• have a member of staff to act as SENCO
• Have regard to the new 0-25 SEND Code of Practice
http://www.4children.org.uk/
For Schools
What:
The main legal duties on schools will not change, but the way you meet these
duties will. Schools must:
• use their ‘best endeavours’ to meet pupils’ SEND. Schools no longer have
to record pupils as ‘school action’ or ‘school action plus’
• inform parents when pupils receive support for special educational needs
and involve them in reviews of progress
• admit a young person, where the school is named in an EHC plan
• co-operate with the local authority in developing the local offer
• appoint a suitably qualified or experienced member of staff as SENCO
(National Award)
• have regard to the new 0-25 SEND Code of Practice
www.nasen.org.uk
SEN Support in Schools
What:
SEN Support replaces School Action and School Action Plus in the Code of
Practice:
• Legal SEN definitions and duties remains the same
• A clear process for identification and assessment, objective setting and
reviewing progress
• It focuses on Quality-first teaching as foundation
• Focused on impact rather than input and categorising pupils
• Challenges schools to improve the quality of teaching and learning for all
pupils
For Post-16 settings
What:
Further Education colleges, Sixth Form colleges and approved Independent
Specialist Providers will be under new legal duties from September 2014, which
extend comparable rights and protections for young people aged 16-25 in further
education as to those found for children/their parents in school.
The key new duties are:
• to use ‘best endeavours’ for all young people (up to the age of 25) with SEND,
regardless of whether or not they have an EHC plan
• to admit a young person, where the college is named in their EHC plan
• to co-operate with the local authority, and for them to co-operate in return
• to have regard to the new 0-25 SEND Code of Practice
http://www.preparingforadulthood.org.uk/
Preparing for Adulthood
• A single system from 0-25 for EHC plans, removing the current ‘cliff edge’
at 16;
• Focus on outcomes and preparing for adulthood – employment, health,
independent living and community inclusion
• Local authorities to involve training providers when reviewing their
special educational provision and developing their local offer
• Role for local authorities in commissioning post-16 provision, to deliver
outcomes for young people, including supported internships, study
programmes and specialist provision
• Young people with EHC plans can remain in the SEN system between age
19 and 25, where the extra time will allow them to consolidate their
learning
For Clinical Commissioning Groups
What:
From September 2014 CCGs must work with LAs to:
• commission services jointly for 0-25 year old children and young people
with disabilities and SEN, including those with Education Health and Care
plans
• ensure that procedures are in place to agree a plan of action to secure
provision which meets a child or young person’s reasonable health need in
every case
• work with the local authority to contribute to the local offer
• ensure that mechanisms are in place to ensure practitioners and clinicians
will support the integrated Education Health and Care Assessment within a
20 week maximum
• agree personal budgets under section 49
For Social Care
What:
From September 2014, local authority social care teams will be required to cooperate with local authority SEND teams and others in:
• A co-ordinated assessment process leading to an outcomes focused
Education, Health and Care (EHC) Plan
• Preparing a local offer setting out how parents and young people can
access services across education, health and social care
LAs should also consider the crucial role that short breaks can play in supporting
families
Personal Budgets
What: As part of their local offer, local authorities should set out a co-produced local policy for
personal budgets.
How
•
Identify and agree the funding streams and services for inclusion from September 2014 and
develop the necessary infrastructure
•
Identify and establish the information advice and support necessary at an area and individual
level to help families consider options for, and to take-up and manage, personal budgets
•
Develop a pathway for personal budgets within the EHC assessment and planning process
•
Identify how the new joint commissioning strategies will support greater choice and control
beyond September 2014
•
Maintain the core principles in the Code of Practice at all times, ensuring children, young
people and families are involved in the decision making processes at both an individual and
strategic level
In Hartlepool, personal budgets are being been used to fund work
placements. Claire hopes to work with animals in the future and is using her
personal budget to fund a 10 week placement at a local charity with a small
animal farm. The LA helped Claire and her mum negotiate terms and Claire
is now using the personal budget to pay for support from a member of staff
from the charity, at a cost of £15 per hour.
Managing the Transition
From 1 September 2014:
•
no new assessments for statements or Learning Difficulty Assessments (LDAs) will
be offered by local authorities
•
children and young people with existing statements transfer to the new system
within three and a half years; and young people with existing LDAs transfer within
two years
•
transfer will happen through a ‘transition review’ and local authorities must have
regard to the principles set out in the revised 0-25 SEND Code of Practice when
writing new EHC plans
•
local authorities must work with children and young people with SEND and their
parents to agree how transfer from statements over the proposed three and a half
year period will be phased
•
to ensure broadly comparable local plans, national parameters will be established
to guide the transfer
What children and young people with SEN and
disabilities want
Parents said:
• Engage with us every step of the way
• Be honest, even with the difficult bits
• Be clear this isn’t an excuse for
cutting services
• Ask for our help
• Help us understand the cultural
change
Young people said:
• Listen to the needs and
aspirations of young people
• Young people should be allowed
to meet without parents so they
can talk without being influenced
For Further Information
Visit the pathfinder website at www.SENDpathfinder.co.uk to see:
• Latest information packs from the pathfinders, including case studies, video
clips and links to useful materials
• Pathfinder evaluation reports
• Information about the Delivery Partners who are supporting the reforms and
can offer help and advice
Download the Council for Disabled Children’s (CDC’s) resources:
www.councilfordisabledchildren.org.uk/sendreforminfosheet
For regular updates, sign up to receive CDC’s e-bulletin by e-mailing
cdc@ncb.org.uk
Access the Preparing for Adulthood support materials:
http://www.preparingforadulthood.org.uk/
Myth Busters
Debbie Houghton, Principal Policy Officer
Tracy Ryan, Policy Officer
Pam Beaumont, Project Officer SEND Reforms
Children & Enterprise Directorate
Myth Busters
For the following statements, decide which is true and make your
selection
Options are
• 1 – Statement A
• 2 – Statement B
A: Statements will continue to be issued until September 2014
B: Local authorities can now issue EHC Plans which are legally
binding
100%
A. A
B. B
0%
A.
B.
Myth: ‘My school has said they don’t issue statements
any more as the system has changed’
Statements will continue to be issued until 1st September 2014.
Some local authorities (on the ‘Pathfinder’ programme) are
issuing EHC plans early in place of Statements, but these will have
no legal status. After September only EHC plans will be issued
and be legally binding.
A: All statements must be transferred to EHC Plans from 1st September
2014
B: There is a three year transitional period to transfer existing statements
to EHC Plans where appropriate
100%
A. A
B. B
0%
A.
B.
Myth: ‘My child’s statement will end on 1st September
2014’
From September 2014 there will be a transitional period (up to 3
years) during which statements can be transferred to EHC plans.
A statement will remain valid until an EHC plan has been
developed, or is agreed to be no longer necessary.
A: The Local Offer will set out what a school can offer for SEND from
within its budget
B: The Local Offer does not include schools provision, this must be set out
separately
100%
A. A
B. B
0%
A.
B.
Myth: ‘My LA has said that only pupils with statements
who receive a certain level of funding will get an EHC
plan’
The threshold for EHC plans will be the same as those for
Statements, that is where the special educational provision
necessary to meet the child or young person’s needs cannot be
reasonably provided within the resources normally available to
mainstream schools and early years settings.
A: Any child being assessed under the new system must have a
social care assessment as well as an educational needs assessment
B: The duty to assess a child’s needs is only in relation to their
educational needs
100%
A. A
B. B
0%
A.
B.
Myth: ‘When I ask for my child to be assessed under the
new system the LA must carry out a social care
assessment now as well as an assessment of their
educational needs’
No this is not true. The duty to assess a child’s needs is only in
relation to their educational needs, not any social care needs.
This type of assessment still has to be triggered separately by
contacting your Children’s Social Care team. Once this has
happened, any information should be recorded in the EHC plan.
A: An Education, Health and Care plan will continue only for young people
who choose to stay in education or training
B: ALL young people who have the new Education, Health and Care plans
will have a plan until they are 25
100%
A. A
B. B
0%
A.
B.
Myth: ‘I’ve been told the EHC plans are the same as
statements and have the same legal duties’
EHC plans will have no legal force until 1st September 2014. Like
statements, any Special Educational Provision in the plan will have
to be delivered by the local authority and can continue until the
age of 25 if a young person stays in education or training.
All parents and young people with an EHC Plan will
be able to access direct payments.
100%
A. True
B. False
0%
A.
B.
Answer - FALSE
All parents and young people will be able to request a personal
budget where an EHC plan is in place. A personal budget is an
amount identified by the local authority as being available to
secure particular provision that is specified, or proposed to be
specified, in the EHC plan
Once identified parents and young people can then request that
some or all aspects of the personal budget be converted into a
direct payment, but the local authority, and the education
provider where relevant, must agree to this and have significant
discretion about what they agree to
Fewer children and young people will get an
Education, Health and Care plan than get a
statement of special educational needs?
100%
A. True
B. False
0%
A.
B.
Answer - FALSE
The legal criteria for an Education, Health and Care plan will be
the same as the current criteria for a statement
If a child currently has a Statement of SEN, unless there is
evidence that their needs have changed, they should be entitled
to an EHC plan
After a child turns 16 a parent cannot be involved
in decisions about their child’s support?
100%
A. True
B. False
0%
A.
B.
Answer - FALSE
Young people can continue to have their parents as involved as
much as they want. The difference is, when a person with an
Education, Health and Care plan turns 16 years old, they have
the final say (subject to a young person’s mental capacity)
A parent will not automatically be involved in the process. E.g.
the right of appeal to challenge an LA’s decision to the SEND
Tribunal will be the young person’s no longer the parents
Tea/Coffee Break
(15 mins)
Education, Health & Care Plan
Workshop
Eileen O’Brien,
Specialist Teacher Enhanced Provision
Children & Enterprise Directorate
“Working Document” – under development
Halton’s Template Education, Health & Care Plan
“Ben’s Plan” Discussion Questions - table facilitator will record your views/comments:
1. Does this Plan give you a picture of the child and the family overall? What role can a
school/setting/Training Provider play in making sure that a family tells its story just once?
2. Does the Plan give you a picture of the child’s needs overall ?
3. Is there any other information or aspect that you feel should be covered?
4. Do you feel that the aspirations of the child have been made clear?
5. Is the voice of the child clear and how else might it be recorded?
6. Are the Outcomes clearly expressed & are they sufficient?
7. Are the actions being proposed to enable the objectives to be achieved specific and
quantified?
8. Would this be a working document that would enable a school/setting to develop an
Additional Support Plan?
9. Please make any further comments with regard to the working document and the proposed
process
LOCAL OFFER
Debbie Houghton
Principal Policy Officer
Children & Enterprise Directorate
Halton’s Local Offer
• The Local Offer describes Education, Health and Social Care
provision for children and young people, 0-25
• Information is clear, comprehensive and accessible
• Not just a directory - responsive to local needs, involving CYP
and parents in development and review
• A feedback mechanism is to be incorporated so that gaps/
concerns are identified
Vision for the Local Offer
• Parents know what they can reasonably expect their local
school, college, LA and other services to provide
• Schools are clear about the universal offer to pupils with SEND
and what targeted and specialist services are available in
school and in the locality
• Aspirations for young people are raised by focusing on
improving progress and outcomes
• Greater involvement of parents and young people giving some
control over the services provided
• Services are commissioned and provided in a coherent way by
health, education and social care
Local Offer and Schools
• The Local Offer will set out what a typical school can
offer for SEND from within its budget
• Schools must be involved (as providers) in the
development of the Local Offer
Local Offer will include how schools:
• Identify and assess SEND and adopt early intervention and
prevention measures
• Will provide a graduated response to children’s SEND
• Adapt teaching and the curriculum
• Make adjustments to the learning environment to assist access
for disabled pupils
• Assess the impact of interventions and assess progress: Assess,
Plan, Do, Review
Local Offer will include how schools (cont):
•
•
•
•
•
•
•
•
Support transition
Prepare for adulthood
Develop staff re: SEND
Demonstrate high expectations for all pupils
Support access to extra curricular activities
Support and involve parents and carers
Work in partnership with other professionals
Work with Ofsted to look at how pupils with SEND are
making progress and gaps in achievement
• Are required to publish detailed information on the Local
Offer for their particular school
Murdishaw West Local Offer
www.haltonchildrenstrust.co.uk
Where can I find out more?
Visit the pathfinder website at www.SENDpathfinder.co.uk to see:
• Download the Council for Disabled Children’s (CDC’s) resources:
www.councilfordisabledchildren.org.uk/sendreforminfosheet
• For regular updates, sign up to receive CDC’s e-bulletin by emailing cdc@ncb.org.uk
• Access the Preparing for Adulthood support materials:
• http://www.preparingforadulthood.org.uk/
• DfE www.education.gov.uk
• Full range of documents can be found at:www.gov.uk
• Organisation in UK for special needs information
http://www.nasen.org.uk/
Halton SENDIAS
(Halton Parent Partnership)
Sharon Spruce
Officer/Co-ordinator
Children & Enterprise Directorate
The one clear message so far
today…..
There is a clear duty to ensure that children, young people and parents/carers
are always participating as fully as possible, and that they are consulted and
given the information, advice and guidance required at each stage.
Participation - who says so?
Children and Families Act 2014 (“the act”) - Section 19
•
a) the views wishes and feelings of the child and his or her parent, or the young person
•
b) the importance of the child and his or her parent, or the young person, participating as
fully as possible in decisions
•
c) the importance of the child and his or her parent, or the young person, being provided
with the information and support necessary to enable participation in those decisions
•
d) the need to support the child and his or her parent, or the young person, in order to
facilitate the development of the child or young person and to help him or her achieve the
best possible educational and other outcomes
The act is designed to give parents, children and young people greater choice and control over
their support
• The SEN and Disability regulations 2014
• The Special Educational Needs (personal budget) regulations
2014
• Case law (past cases which clarify understanding of law)
• Guidance – The SEN and Disability code of practice (draft April
2014)
All in it together
SEND – It is EVERYONES business
Participation in Halton
PARENT VOICE “ It should be like going on a journey together”
“ I don’t want to just know when it’s started to go REALLY wrong”
“I want to be valued but not overpowered”
“It should start way before school things …..”
Participation in Halton
Michelle Forder
Children’s Trust Lead Engagement Officer
Children & Enterprise Directorate
INVOLVE GROUP
What do we mean by participation?
Participation is not just about asking questions and it is certainly not about ticking boxes – it is about
an embedded process between children, young people and decision makers; who consistently work
together to improve services and provision. It is about a culture of respect, involvement; and
change, where everyone’s views are important.
Every child and young person is a member of society. Organisations provide services for people living
in that community or society so it’s important that they are involved in the provision of services.
Parents, carers and families also play a vital part in the development and delivery of services. This
will ensure that a service is developed reflecting local needs and hopes and supports families to
access the service.
In Halton we will seek to work around the lives of children, young people and their families,
whatever their background, circumstances and abilities. Halton Children’s Trust recognises that all
children, young people, parents and carers are experts in their own lives, and have a good
contribution to make.
Participation and the SEND Reforms
c) the importance of the child and his or her parent, or the young person, being
provided with the information and support necessary to enable participation in those
decisions
C & F Act: Section 32 – Advice & Information
SEND Code of Practice - April 2014 Draft
EXPECTATION ……
All Parent Partnership services will develop to meet these
requirements
FROM 1ST SEPTEMBER 2014
No longer Halton Parent Partnership
Special Educational Needs and Disability
Impartial Advice Service
In addition to SENDIAS services:
INDEPENDENT SUPPORTERS (IS)
• A 2 year programme to provide additional support to young people
and parents during the implementation of the SEND reforms
• Independent Supporters will work directly with young people and the
parents of children being assessed for an EHC plan, also those who are
converting from statement or LDA to plan.
• Government funded, time limited (2years, and mostly within the 20
week EHC plan time frame)
• Each local area will have supporters as an additional resource
• Overseen by the Council for Disabled Children
• Majority of IS based in private , voluntary and community sector
Lunch & Networking
SEND Reforms Key Messages
Gerald Meehan
Strategic Director – Children and
Enterprise
What we want to achieve
We want children and young people with special needs and disabilities to:
• Have high aspirations;
• Achieve well in their early years, at school and college, and transition
smoothly into adult life;
• Find meaningful employment;
• Lead happy and fulfilled lives;
• Have choice and control over the support they receive.
What is Changing?
The SEND Reforms:
putting children & young people at the centre
Where disagreements
happen, they can be
resolved early and
amicably, with the
option of a Tribunal
for those that need it
Enablers
Joint commissioning
Better
disagreement
resolution
processes
Local offer
Outcomes
Having friends
Positive
Wellbeing
views heard
Option of a Personal
Budget
Employment
prospects
0-25
Children and
young people with
SEND
and families
Making their
Extending choice and
control over their support
Children, young people
and parents understand a
joined up system,
designed around their
needs
Information,
advice and
support
Good
qualifications
Integrated assessment and
planning
Education Health and Care
Plan is holistic, co-produced,
focused on outcomes, and is
delivered
Start of a Journey
• 1-2% young people with most complex needs will
require an EHC Plan
• Early Help is key
• High Quality Teaching
• Robust School Offer
• Engagement from parents, carers and young people
• Diverse range of services in place
‘Recognise the important work schools do with
all young people not just around SEND’
Thank You for your support
Journey of the Child Case Study
Workshop
Pam Beaumont
Project Officer SEND Reforms
Children & Enterprise Directorate
Case Studies
Exercise
Case Study 1
Does the fact that Ben is experiencing some
language difficulties / difficult behaviour mean
that Ben has a special educational need?
100%
A. Yes
B. No
0%
A.
B.
Would Ben need an EHC Plan?
100%
A. Yes
B. No
0%
A.
B.
Case Study 2
What are the outcomes and why are they at the
heart of the SEND Reforms?
100%
A.
B.
C.
D.
E.
The aim of the legislation is to
improve life chances and outcomes for
all those with SEND, enabling all to
have high aspirations.
They naturally link to the achievement
of longer-term aspirations as a young
person goes through various transition
points and prepares for adulthood.
Defined as a benefit or difference
made to an individual as a result of an
intervention
Aspirations include an opportunity to
have a job and live independently.
All of the above.
0%
A.
0%
0%
B.
C.
0%
D.
E.
Case Study 3
Which of the following are steps in developing an
EHC Plan?
100%
A. School gathers all of the
information, consults with young
person and family about options
B. School considers that all aspects
of the universal offer have been
accessed
C. School ensures that the
necessary parental consents have
been completed
D. All of the above
E. A and C only
0%
A.
0%
0%
B.
C.
0%
D.
E.
Case Study 4
Would Ben find it possible to have a Personal
Budget as an adult?
100%
A. Yes
B. No
0%
A.
B.
Case Study 5
The Special Educational Needs & Disabilities
Tribunal (SENDIST) can look at all aspects of the
EHC Plan if there is an Appeal by Ben?
A. Yes
B. No
0%
A.
0%
B.
Training Requirements
Pam Beaumont
Project Officer SEND Reforms
Children & Enterprise Directorate
Panel Questions Session