The contribution of the learner –
The SEN legislative framework
VITAL Conference
London, 20 January 2015
André Imich, SEN and Disability Professional Adviser, DfE
Children & Families Act 2014 - Highlights
1. Involvement of
children, young
people and parents
2. All duties apply to all
state-funded schools,
inc. Academies
7. Offer of a personal
budget; more choice
and control
6. Statutory protections
for 16-25s; focus on
preparing for adulthood
3. Coordinated
assessment; 0-25
Education, Health and
Care Plan
4. LA, health and
care services to
commission
services jointly
5. A clear, transparent
local offer of services for
all CYP with SEND
Key principles
S19 of C&FA lays the foundation for working in partnership
with children, YP and their parents and carers
LAs must have regard to:
 The views, wishes and feelings of the child, YP and
parent;
 The importance of allowing them to participate in
decisions relating to themselves/ their child
 The importance of providing information to enable active
participation in decision-making
 The need to support the child, YP and parent to facilitate
development and enable the best possible outcomes.
Post 16 decision-making
 After compulsory school age (the end of academic year
in which they turn 16), right to make requests and
decisions applies to YP directly, not their parents.
 Parents, or other family members, can continue to
support YP in making decisions, or act on their behalf,
provided that the YP is happy for them to do so.
 Parents likely to remain closely involved in most cases.
 Bottom line: A decision by a YP re an EHC plan will
typically involve discussion with their family and
others, but the final decision rests with the YP.
 Exception – those judged to lack capacity.
YP has the right to:
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request an EHC needs assessment (up to 25th birthday)
make representations about the content of EHCP
request that a particular institution is named
request a Personal Budget for elements of an EHCP
appeal to the First-tier Tribunal about decisions
concerning their EHC plan
Preparing and reviewing the Local Offer
LAs must involve children and YP with SEND 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 about it
LAs should ensure that:
 children and YP feel they have participated fully in the
process; have a sense of co-ownership - ‘co-production’.
 their arrangements for involving children and YP include
a broadly representative group of children and YP
The local offer and young people
LAs must
 engage YP directly in developing and
reviewing the Local Offer.
LAs should:
 engage a cross-section of YP with a range of SEND
 establish the issues on which YP most want to be engaged.
 consider using a variety of methods to engage young people.
 aim, when organising participation events for YP, to ensure full
accessibility by considering:
– timing; transport; physical accessibility; accessibility of
content; age appropriateness.
Education Health and Care Assessment and Plans
 Highlight the child or young person’s strengths and
capabilities
 Enable the child or YP, and those that know them best to
say what they have done, what they are interested in
and what outcomes they are seeking in the future
 Some children and YP will require support from an
advocate to express views about their education, their
health, the future and how to prepare for it.
 Practitioners need to be skilled in working with children
and YP to help them make informed decisions. All
practitioners should have access to training so they can
do this effectively.
Onepage
profiles
Young Inspectors, Isle of Wight: EHCP Feedback
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Better than the old statement
Like that everyone can apply themselves
Mum had received the paper work really quickly
All about me - excited by this, enjoyed talking about
themselves; felt that people could see who they were, not just
a care plan or a condition.
Could not read the font as it was too small
The word strength had to be explained that it wasn’t physical
strengths but things they were good at
Extremely happy about the plan and how it combined all of
their needs and there weren’t lots of different papers
Worried about the outcome part, mainly because they were
worried they would not meet these outcomes