Procedure for undertaking Learning Difficulty
Assessments
(Under Section 139A of the Learning and Skills Act
2000)
Doc Ref: Learning Difficulty
Issue
Date of Issue:
Assessments (under Section 139A of the
Status: 1
December 2010
Learning and Skills Act 200)
Owner: Claire Jones
Review Date: Dec 2011
cjones@connexions-norfolk.co.uk
Authorising Officer: Karin Porter
Impact Assessed: Yes (09-12-10)
kporter@connexions-norfolk.co.uk
Page: 1 of
Table of contents
1. Scope
2. Responsibilities
3. Pre-requisites
4. Legislation
5. Documentation
6. Process
1.
Scope (the extent to which the document applies)
This document explains the systems operating around Learning Difficulty
Assessments for the benefit of Guidance Advisers, IYS Team Managers and
schools and colleges.
2.
Responsibilities
2.1
Author: Claire Jones, IAG Support Manager, IYS Strategy Team
2.2
Owner: Claire Jones, IAG Support Manager, IYS Strategy Team
2.3
Authorising Officer: Karin Porter, Head of IYS Strategy, IYS Strategy
Team
2.4
Business Improvement Manager:
3.
Pre-requisites (Access to systems required to complete the process or
specialist training required in order to ensure best practice)
3.1
Training
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3.2
Client Caseload Information System (CCIS)
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3.3
Qualified to NVQ level 4
Basic Disability Awareness training
An understanding of disability, disability equality and how disability
impacts on need
Data Protection Act training
SEN Code of Practice/Transition Planning training
Learning Difficulty Assessment training
Knowledge of learning pathways for 13 – 25 year olds
Access to Connex
Information
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SEN Code of Practice
Early Identification of Need (EIN) meetings (or equivalent) between
the Guidance Adviser and relevant staff in all high schools, PRU’s
and other providers to identify all young people with a significant
learning difficulty and/or disability which impedes learning
Annual Review process
Careers Action Plan
Transition Plan
Person Centred Plan
CAF
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3.4
Information about local and national post 16 provision
Knowledge of TITAN (travel independence training across Norfolk)
and the TITAN Buddy Scheme
LDD Guide
Supporting processes
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4.
Professional supervision and support from a manager trained in
reflective practice
Access to consultancy support and mentoring from a Guidance
Adviser experienced in working with young people with learning
difficulties and/or disabilities
Legislation (where applicable)
Supporting young people with learning difficulties to participate and progress
– incorporating guidance on Learning Difficulty Assessments, Department for
Children, Schools and Families (April 2010)
Apprenticeships, Skills, Children and Learning Act 2009 (“the ASCL Act”)
Section 139A (7) of the Learning and Skills Act 2000 (LSA 2000)
5.
Documentation (any other documents required in the execution of the
process)
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Transition & Learning Support Plan (LDA)
Transition & Learning Support Plan (with supervisory notes)
Thresholds for Section 139a Assessment
Learning Difficulty Assessment Update form
Learning Difficulty Assessment Quality Checklist
6.
Process (a description of the process or task that is understandable to
those who are required to use it)
A Learning Difficulty Assessment (LDA) is an assessment resulting in a
written report of:
a)
b)
the person’s education and training needs, and
the provision required to meet them.
Learning Difficulty Assessments are for the benefit of those reaching transition
points from schooling into post-16 education, or training, enabling their special
educational needs to be met in learning as far as possible up until the age of
25.
Learning Difficulty Assessments are essential if young people are to fulfil their
potential and will reduce the risk of them dropping out of learning.
The benefits of having a Learning Difficulty Assessment should be explained
to eligible young people, their parents/carers, and all professionals working
with the young person.
High quality and timely impartial information, advice and guidance are
essential to ensure that young people are aware of their options and the type
of learning they need to fulfil their aspirations.
A Learning Difficulty Assessment should therefore be the culmination of
careful person centred planning, starting at the age of 13 (Year 9) which is
supported through:
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The school’s statutory Careers Education and work related learning
programme
Careers information provision within the library/resource centre or online Review meetings with teachers, tutors, mentors or other staff
Targeted 1:1 careers and transition guidance which informs the
transition plan for Y9/10 students with statements
Statement reviews for students Y9-11
Norfolk County Council’s young people’s website
www.helpyouchoose.org and other sources of local information
including the Family Services Directory www.norfolk.gov.uk/fsd
Connexions
Direct
national
telephone
helpline,
website
www.connexions-direct.com and on-line support service.
If a young person has had a Learning Difficulty Assessment they will be
eligible for a IAG service beyond the age of 19.
6.1
Eligibility Criteria
Under the Duty
Section 139A of the Learning and Skills Act 2000 places local authorities
under a duty to arrange for a Learning Difficulty Assessment to be conducted
of all persons for whom they maintain a statement of Special Educational
Needs and who they expect to leave school to receive post-16 education,
training or higher education.
Learning Difficulty Assessments should be completed for:
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Young people who have a Statement of SEN when they leave school
or sixth form if they are planning to continue in learning with a FE
college, sixth form, university or training provider
Includes young people in Y11, 12, 13 and 14
Applies whenever leaving school for those in Y12, 13 or 14, e.g. if they
drop out mid course
This includes all young people who:
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are in Complex Needs Schools, including Eaton Hall School,
are being educated out of county
have a Statement of SEN and are being educated in
mainstream, specialist, private school or at home
are in youth custody
Under the Power
Under Section 139A of the Learning and Skills Act 2000, local authorities
have the power to undertake a Learning Difficulty Assessment for young
people who do not have a Statement of SEN but who have been assessed
and found to have a learning difficulty that is exceptional.
It is important to note that once it is determined that a young person requires
a Learning Difficulty Assessment a local authority must continue to support
the young person through to positive outcomes up to the age of 25.
Learning Difficulty Assessments undertaken under the power should only be
completed for those young people whose needs are very complex.
How to determine eligibility criteria under ‘the Power’
A SEN Co-ordinator (or equivalent) must complete the Thresholds for Section
139a Assessment form in order to determine whether a young person’s needs
meet the eligibility criteria agreed by Norfolk County Council.
If an area of need noted in bold is ticked, the young person will probably
need a S139A and should be referred to the Early Identification of Need (EIN)
meeting for confirmation.
If one of the areas of need ticked is not in bold there will need to be at least
two categories of need ticked for a learner to be referred to the EIN meeting
for consideration.
The Threshold for Section 139a Assessment form provides evidence about a
young person’s eligibility or ineligibility to receive a Learning Difficulty
Assessment should the decision be challenged.
If there is any uncertainty about a young person’s eligibility for a Learning
Difficulty Assessment this should be referred to the IYS Team Manager.
Guidance Advisers should send a copy of all completed Threshold for
Section 139a Assessment forms to Claire Jones, IAG Support Manager
so that the numbers can be monitored.
It is possible to review a young person’s eligibility for a Learning Difficulty
Assessment if there is a significant change to their learning and support
needs.
All young people who are eligible for a Learning Difficulty Assessment under
the ‘Duty’ or the ‘Power’ must have an intervention of ‘LDA required’ recorded
on their Connex record as soon as possible by their Guidance Adviser.
The Guidance Adviser should also ensure that they update the young
person’s SEN Status/SEN Category/Special Needs in the
Circumstances/needs tab & Benefits/Needs tab in Connex.
If the young person does not meet the threshold for a Learning Difficulty
Assessment this decision and the reasons for it should be recorded in the
Summary notes of Connex by the Guidance Adviser.
6.2
Eligibility Appeals
If a young person (or their parent/carer) wishes to appeal against the decision
that they are not eligible for a Learning Difficulty Assessment under the
‘Power’, they should inform their Guidance Adviser.
The Guidance Adviser should ensure that the young person (or their
parent/carer) is supported to write a letter of appeal which explains the
reasons why the young person’s needs are such that they should have a
Learning Difficulty Assessment.
The Guidance Adviser should pass the letter of appeal and the completed
Threshold for Section 139a Assessment form on to their IYS Team Manager
who should review the decision.
The IYS Team Manager should inform the young person (or their
parent/carer) of their decision to uphold the original decision or agree to the
appeal in writing. A copy of this letter should be sent to the Guidance Adviser
and SEN Co-ordinator (or equivalent) of the school.
The IYS Team Manager should record the appeal and its outcome on the
young person’s Connex record.
6.3
Consent
A young person has the right to refuse to give consent for a Learning Difficulty
Assessment. The Guidance Adviser must ensure that the young person
understands that they are at risk of not receiving the support they need in
learning or from the local authority beyond the age of 19 if they refuse to sign
their Learning Difficulty Assessment or refuse to engage with the process.
If a Learning Difficulty Assessment is refused this must be recorded as an
LDA intervention in the young person’s Connex record and the reason should
be recorded in the summary notes.
6.4
Completing the Learning Difficulty Assessment (under S139a of
the Learning and Skills Act 2000)
The Learning Difficulty Assessment is a legal document and must be
completed accurately and in detail to ensure that it is robust enough to stand
up to judicial review.
The Learning Difficulty Assessment should be completed electronically by
the SEN Co-ordinator (or equivalent) and Guidance Adviser in partnership, as
they will contribute their specialist knowledge and complete the assessment.
The SEN Co-ordinator (or equivalent) should contribute knowledge about:
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the young person’s learning difficulties and/or disabilities
the impact of this on their learning
the support that will be needed in post-16 learning
the current educational package, attainment and predicted grades
The Guidance Adviser should contribute knowledge about:
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the young person’s aspirations for adult life
the post-16 provision identified and explored
their professional recommendations about the provision that will meet
the young person’s learning and support needs
the availability of suitable post-16 provision
the support the young person will need to make a successful transition
The SEN Co-ordinator should start the Learning Difficulty Assessment in Year
10, as a by-product of the Annual Review by completing sections 1 – 4, using
the last Annual Review, Transition Plan and school reports to inform the
content.
The Learning Difficulty Assessment should then be sent electronically on to
the Guidance Adviser to complete sections 5 – 9 using their records from their
1:1 guidance discussions with the young person and knowledge of post-16
pathways to inform the content.
The Guidance Adviser should then share the complete Learning Difficulty
Assessment with the SEN Co-ordinator (or equivalent), review and both sign,
if happy with the content.
The Guidance Adviser and/or the SEN Co-ordinator (or equivalent) should
then seek to get the written consent of the young person and/or their
parent/carer to share this information within Children’s Services and with the
learning provider(s) named within the document.
If a young person has complex and multiple needs, the Learning Difficulty
Assessment should be completed and sent on to any potential learning
providers as soon as possible in Year 10 for an early assessment together
with any relevant supporting documentation e.g. Care Plan, Behaviour Plan,
Risk Assessment.
An early assessment will establish whether or not a local provider can meet
the young persons’ needs.
The completed Learning Difficulty Assessment should be saved onto the
young person’s Connex record and an intervention of ‘LDA completed’ should
be added. The summary notes should clearly state where the signed paper
copy is filed.
All other Learning Difficulty Assessments should be sent to the named contact
at the learning provider as soon as possible in the autumn term of Year 11
together with any relevant supporting documentation e.g. Care Plan,
Behaviour Plan and Risk Assessment.
This timeframe will ensure that learning providers are fully informed about a
young person’s transition, learning and support needs before they attend for
interview.
6.5
16 - 24 year olds who are returning to learning
Guidance Advisers should discuss the benefits of having a Learning Difficulty
Assessment with young people aged 16 - 24 who are planning to return to
learning and who fit the criteria under the power.
Where appropriate and possible, the Guidance Adviser should include input
from parents/carers and any other professionals who support the young
person.
If it is agreed that the young person should have a LDA, this work should start
immediately following the procedure above.
6.6
Reviewing Learning Difficulty Assessments
Learners who continue in learning post 16 may well need to have their
Learning Difficulty Assessment reviewed and a refreshed assessment agreed.
A review of the Learning Difficulty Assessment will ensure that the young
person is continuing to receive the most appropriate provision and support to
meet their changing needs.
It is also possible that a learner develops a learning difficulty and/or disability
or that a learner’s condition may deteriorate requiring a new assessment of
need.
If only minor amendments are needed to the LDA, the Guidance Adviser may
choose to use the Learning Difficulty Assessment Update form.
Learning Difficulty Assessment reviews should be recorded as an intervention
on the young person’s Connex record. The revised Learning Difficulty
Assessment should be saved in the young person’s Connex record.
6.7
Quality Assurance
Learning Difficulty Assessments must be of high quality and delivered to a
consistent standard, ensuring continuity and appropriateness of support for
young people when and where it is needed.
The quality and sufficiency of Learning Difficulty Assessments should
therefore be monitored through a robust quality assurance system operated
within Norfolk County Council Children’s Services.
Each Guidance Adviser must have at least one Learning Difficulty
Assessment checked for quality and sufficiency per year.
This should be completed through a system of peer monitoring by Guidance
Advisers using the Learning Difficulty Assessment Quality Checklist to assess
a colleague’s Learning Difficulty Assessment.
When the Guidance Adviser has completed a Learning Difficulty Assessment
Quality Checklist it should be submitted to their IYS Team Manager along with
the Learning Difficulty Assessment that they were monitoring.
The IYS Team Manager should discuss the Learning Difficulty Assessment
Checklist with a Guidance Adviser as part of the supervision and appraisal
processes.
Claire Jones
IAG Support Manager
December 2010