Your questions answered…
Thank you to the parents that took part in our 2014 SEN Changes Conference. We have collated the questions raised by
you and our responses are below.
Any further questions can be emailed to parent.partnership@suffolk.gov.uk
View the latest draft of the Code of Practice
Type
Question and answer
EHC Plan
Q. How can we ensure everyone actually comes to the whole of every EHC Plan meeting? Who will do that?
A. In the draft SEN Code of Practice it is clear that it is the duty of the LA to 'arrange the review' of the EHC plan and it is the
duty of 'professionals across education, health and care to co-operate with local authorities during reviews'. The draft code
does not at present state that they must attend the review meeting- they could offer a report. However, we are expecting
further adjustments in the finalised code (publication expected June/July 2014) with regard to accountability.
Section 9.3 also describes the disagreement resolution service which parents and young people can access about 'any aspect
of provision'.
Q. Who will take responsibility of pulling the EHC plan together and ensuring it is followed?
A. The Local Authority Special Needs Officer
Q. Who organises all the EHC PLAN meetings
A. The LA Special Needs Officer will have overall responsibility for putting the EHC plans together, and ensuring the meetings
take place, but schools Special Educational Needs Co-ordinator (SENCO) will arrange meetings such as the Annual Review.
Code
chapter
7.16
9.3
Q. Who defines what is a health, education or care need?
A. The EHC plan will be triggered by the educational needs. Medical needs will be viewed in accordance with their impact
on education. Once this has been established, there may be a variety of professionals involved with the young person and
the plan process, eg GP, Educational Psychologist, school, social services and of course the views of the parent and young
person.
Code
(general)
Q. I still don't understand without an EHC Plan what help my son will get (he's currently on School Action Plus with
County Inclusive Resource (CIR) support)
A. Section 6.2 - 6.5 of the draft SEN Code of Practice broadly describe the school and Local Authority responsibilities for
supporting children with SEN in the following educational settings: mainstream schools, maintained nurseries, Pupil Referral
units (PRUs) and institutions within the further education sector.
6.2 to 6.5
The Local Authority will publish the county Local Offer of services and each individual school will publish their own offer,
including their own SEN policy, to make sure that there is clear, comprehensive and accessible information about the
support and opportunities that are available. Parents and children/young people will be involved in the development and
review of this offer.
Q. Who do we challenge if needs aren't met?
A. We always encourage you raise your concern initially through talking to your service provider, such as the educational
setting or specialist service. However, if this is not resolved, section 9 of the draft SEN Code of Practice outlines the range of
processes parents can access for resolving disputes. This could include using disagreement resolution services, local
authority and school complaints procedures, the Local Government Ombudsman and, in certain circumstances, the SEN
tribunal. In their responses to the consultation to the draft SEN code of Practice, many parents stated that they wanted the
SEN Code to be more robust. There are adjustments being made to the finalised Code which is expected to be finalised in
June/July 2014 and we recommend that parents refer to this for finalised details.
Chapter 9
Q. How does the CAF process fit in?
A. The CAF (Common Assessment Framework) process will remain to form part of the Authority's Local Offer in meeting the
needs of families, children and young people. As is the case now, educational outcomes can form part of the broader CAF
7.4
action plans. Section 7.4 of the draft SEN Code of Practice emphasises the need for, and importance of, coordinated
assessment and planning, sharing of information and cross-agency working and the CAF process shares these aims.
Q. Does this fit with Early Years support?
A. Yes, as the new code is statutory guidance from 0-25. Early years settings are required to publish information about how
they support children with SEND.
Q. What does 'statutory guidance' mean? Is there no obligation?
A. Government guidance can be statutory or just advice on good practice. Statutory guidance has more legal force. Public
bodies such as schools and local authorities must follow statutory guidance unless they can show they are doing something
just as good or better.
Q. What choice do we have if there's a clash of personalities in planning meetings?
A. You have the option of having independent support in the meeting. Parent Partnership offer a workshop designed to
specifically help parents/carers with this - Making Meetings Matter.
The code says that parents can identify their own key worker who can either be a professional working with the family or a
family member. Children and young people can also request an advocate.
3.3
Q. Who will decide whether a child has special Educational Needs.
A. Anyone can bring a child or young person who they believe has or may have SEN to the attention of a local authority.
2.2
The decision as to whether the child requires an EHC plan will be made by the Local Authority and we hope the criteria will
be published as part of the local offer.
7.3
Q. What are the parameters for what the LA expects to be on offer.
A. Section 5.2 of the code sets out the expectations for every Local Authority and includes a list of the services that should be
included. Local Authorities may offer additional local services.
5.2
Details of the Suffolk Local Offer will be published as it progresses, details of progress will be published on the AU website.
Q. How will my non communicative son's views be captured.
A. The draft clearly states a new focus on including the views of young people. The person centred planning approach
(which is used very effectively in some specialist provision in Suffolk already) is suggested in the code as a way to ensure
that parents, children and young people are genuinely involved in all aspects of planning and decision making. there is an
expectation in the code that the young person is engaged as fully as possible with the process and planning which will affect
them.
3.2
Q. What about higher function ASD children who do not have education (academic) needs?
A. The draft code of practice recognises that 'for some children and young people, difficulties in their emotional and social
development, can mean that they require additional and different provision in order for them to achieve.' 'Schools, colleges
and early years providers should identify clear processes to consider how they will support such children...many schools and
colleges offer pastoral support this should be described their published SEN policy. Where more specialist provision is
required schools colleges and Early Year providers should have clear arrangements in place with local health partners and
other organisations for making appropriate referrals.'
We are hoping that the finalised code will clarify this in more detail. We know that the criteria for starting a statutory
assessment will still be based on evidence of an educational need.
Suffolk's 'Autism Strategy Group' is an example of the local authority, health and parents working together to identify local
need and improve provision.
Funding
Q. Who decides how much of the EHC plan budget we can access?
A. Local authorities are under a duty to prepare a personal budget when they receive a request from the parent or young
person. The personal budget can include funding from education, health and social care. However, the scope of that
budget will vary depending on the needs of the individual as well as the eligibility criteria for the different components and
6.3,3
mechanism for delivery.
The local authority are working with health and social care to identify which services may be offered via a personal budget.
This is likely to be limited to begin with but will develop over time.
Q. Where will the funding come from?
A. Funding will come from the designated school budget. There will be no additional funding for provision linked to the
SEND reform.
Q. Where does the SEN audit fit in to the funding scheme?
A. The SEN audit no longer exists in its previous form. However all schools are required to submit information about their
cohort of pupils in order to determine their SEN notional budget. Schools can also apply for high tariff funding on a termly
basis, for individual pupils where a need can be demonstrated.
Q. Will schools be more accountable to parents for how they spend the SEN notional money and higher needs tariff.
A. It is hoped that clear descriptions in the Local Offer will enable parents to understand what they can normally expect the
school and college to provide for children with SEN.
6.7
Increased transparency should enable parents to challenge where they feel provision is not being made for their child
Q. ASD kids needs are not met/ identified by school- what to do re funding then?
A. The draft code recognises social, emotional, and mental health needs, schools will be required to describe provision for
these pupils in their SEN policy. Schools hold funding for pupils with SEN as their notional SEN budget which they use to
meet the needs of all pupils with SEN and they must publish information about the support they offer.
Suffolk/Local
Offer
Q. How local are the local offers? Whole of Suffolk? each Parish?
A. The Local Authority must publish its local offer, providing information about what is available to CYP with SEND who live
in Suffolk (this will include services provided outside Suffolk which are accessible to Suffolk residents) but must make it clear
where a service is only available in a certain part of the County, who can access the service and how it can be accessed.
6.3,3
Q. Who will train the teachers? Not just SENCos as they aren't always best placed.
A. Suffolk CC have a working group currently looking at training needs across all agencies in relation to the SEND reforms.
The learning improvement service will be offering training for schools to help them prepare for the changes to legislation.
Workshops for heads and SENCos are planned for the summer term covering ' working with parents', 'the local offer' and
'EHC plans'
Q. How do we know what we need? We need training/information too!
A. Parent Partnership will continue to offer a range of workshops covering various elements of SEN, including specific
information sessions on the new code which will be delivered across the County in July. Also Independent Supporters are
going to recruited and trained to support parents and carers with the EHC process, in time for September 2014
Q. What proportion of Suffolk County Council cuts are on SEN and disability?
A. The Direct School’s grant is not being cut, and this is the budget that is used for the school’s SEN budget. The short breaks
service did receive a budget cut this year of £150,000 which meant that the amount available via a Personal Budget for
short breaks activities was reduced.
Other comments made by parents on the day…
1. Please can the Local Offer NOT make false promises.
2. Make it compulsory for Heads to spend budget on EHCPs rather than other things.
If parents would like to be involved in the development of the Local Offer
now, they can contact Suffolk Parent Carer Network at www.spcn.org.uk