SEND Reforms
Training & Support Team
MYTH BUSTING – THE SEND REFORMS
Myth
“My child’s statement ended on the 1 September 2014”
Fact
From 1 September 2014 a transitional period was set during which time statements
can be transferred into Education Health and Care plans. A statement will remain
valid until an EHC plan has been developed, or is agreed to be no longer necessary.
For full details of Somerset’s transition plan visit
https://slp.somerset.org.uk/ipost/iPost%20Pages/Somerset%20SEND%20Reforms.a
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Myth
“My local authority has said only pupils with statements who receive a certain level of
funding will get an EHC plan”
Fact
The threshold for EHC plans has not changed and remains the same as it was for
statements, and it is designed for those children and young people, where there is a
need for special education provision that cannot be met within the resources
normally available to mainstream schools and early year settings.
Myth
“As a parent you must let me make the decisions for my child”
Fact
All young people have the right to have their views taken into consideration about
decisions that affect them. However, an important change is that when they reach
16 certain rights transfer from you, their parent carer to the young person
themselves. A young person can:

Ask for an EHC needs assessment

Make decisions about the support in their EHC plan

Ask for a personal budget

Appeal directly to tribunal about a decision relating to an EHC assessment or
plan
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Myth
“There is no one to help me through any of this”
Fact
The Code Of Practice states that Local Authorities must arrange for children with
SEN or disabilities for whom they are responsible, and their parents, and young
people with SEN or disabilities for whom they are responsible, to be provided with
information and advice about matters relating to their SEN or disabilities, including
matters relating to health and social care.
In Somerset this is offered by SENDIAS and Independent Supporters who provide
advice and support for parents of children with special educational needs and
disability, and young people with SEND, through the statutory assessment and
Education, Health and Care Plan (EHCP) processes. In Somerset this support is
being provided through:
Somerset SENDIAS
Website: www.somersetsend.org.uk
and
Careers South West
Website: www.cswgroup.co.uk
Tel No: 01823 281250
Email: somersetindependentsupport@cswgroup.co.uk
Myth
“My SENCO has told me that I have greater chance of getting an EHC Plan for my
child if I (the parent/carer) apply for one”
Fact
Somerset Council receives a very high numbers of requests for EHC Assessments.
Currently 90% of them are made by parent carers and between 40 to 50% of them
are turned down.
Please remember that requests for an EHCP is only one step on the graduated
response, discussion with your school / college and the Special Education Needs
Coordinator (SENCo) is very important to explore all the options available to provide
support and help.
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The vast majority of children and young people with SEN or Disability will have their
needs met by the resources already available in educational settings (early years,
schools and colleges).
The EHC needs assessment process is normally relevant only to a very small group
of pupils (nationally about 2.5% of the whole school population) whose needs are
most complex and severe. This assessment is carried out to investigate the impact
of needs on learning therefore educational settings will always hold crucial
information. Discussion with your child’s school will help to clarify if such
assessment is needed.
An assessment under the SEND Code of Practice is normally agreed if:
•
child’s/young person needs are significant and long term; and
•
despite appropriate interventions already provided by the educational setting,
the child/young person is not making progress.
Myth
“If my school makes a request and the Local Authority says no, I cannot appeal”
Fact
Parental rights to appeal are not affected by who makes the request. A parent can
appeal using the appeals process and retain their rights to mediation.
Myth
“An EHC plan will enable my child and family to access a greater range of support
services” (ie I can’t access them without one)
Fact
In Somerset, the allocation of financial resources and/or referrals to support services
are not directly linked to the EHC Process or Plan. In practice, it means that these
resources can be accessed by educational settings without having to go through the
EHC Process.
Search Somerset’s local offer for the full range of services available to children and
young people with a special education need and disability https://somerset.localoffer.org/
Myth
“I understand that things have apparently changed, but there appears to be little
change from the old system of statements”
Fact
The reforms see the biggest cultural changes to services for children and young
people with a special education need and disability in the last thirty years, and see
us extending the provision from birth to 25 years. The reforms put children and
families at the heart of our services, recognising parent carers as experts in their
own children. The reforms require us all to work together in a person centred way,
co-producing, joint planning and joint commissioning with young people, parent
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carers and education, health and social care providers. A greater emphasis is
placed on outcomes and achievements, supporting children and young people to
reach the best they can educationally and prepare them for adulthood.
Somerset County Council is supporting parent carers and the workforce through
these changes and offering a variety of training events on person centre planning,
outcome and aspirations and EHC process – for more information on these visit our
calendar of events at
https://slp.somerset.org.uk/sites/ess/Lists/Calendar/calender.aspx
Myth
“I am the only one going through this so have no one to talk to”
Fact
There is a parent carer forum, run by parent carers who understand and offer
opportunities for you to meet parent carers to relate, share experiences and offers
you the opportunity to have your voices heard, locally and nationally on our SEND
reforms.
They have a website, Facebook, Twitter as well as support groups across the
county, so why not visit their webpage for more information.
http://www.somersetparentcarerforum.org.uk
Help@somersetparentcarerforum.org.uk
Tel: 01278 699397
www.somersetpcf.org.uk/default.aspx
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