Nottinghamshire 7 February 2014

Matthew DoddPrincipal OfficerCouncil for Disabled Children

Overview of the Overview of the Children and Children and Families BillFamilies Bill

• An overview of the main clauses in the Bill

• The new SEN Code of Practice - ‘SEN support’

• 3 questions for you to take away

This session:

Where are we in the process?

SEN reform

2011 Mar Support and Aspiration: A new approach to SEN and disability

2011 Sep Pathfinders announced

2013 Feb Children and Families Bill introduced into Parliament

Early 2014 Royal Assent

2014 Spring Regulations Final Code of Practice laid before Parliament

2014 Sept Implementation

An important reminder:An important reminder:

All current requirements stay in place until: new legislation is implemented

new regulations come into force new Code of Practice is issued

PrinciplesPrinciples

General principles for local authorities: • views, wishes and feelings of children, young

people, parents• importance of full participation• importance of information and support• children’s development and best possible

outcomes

Disability in Part 3 Children and Families Bill

Children and Families Bill:Children and Families Bill:Part 3Part 3• Principles• Definitions and scope • Local integration of health, care and education and joint commissioning • Education, health and care needs assessment & plans • Personal budgets• Local offer• Schools’ provisions• SEN Code of Practice

Definitions and scopeDefinitions and scope

• SEN definition the same • From birth and up to 25• Young offenders• LA and all children & young people in area with

SEN:– LA to identify– LA responsibility

• Disabled children covered if they have SEN - Equality Act duties for disabled children, no SEN

• All schools’ duties apply to directly to academies

Local integration of health, Local integration of health, care and educationcare and education

• Integrate services to promote the well-being • Joint commissioning by LAs & CCGs• LAs to keep education & social care under review• Requirement to co-operate to meet EHC needs:

– Schools– Colleges– Local authorities, including social care– Alternative provision– Health agencies

Changing health structuresChanging health structures

• Health and Well-being Boards• Joint Strategic Needs Assessment• Health and Well-being Strategies• Arrangements for co-operation to improve children’s

well-being• Work in 2012 by Children and Young people’s Health

Outcomes Forum • Healthwatch

Local offerLocal offer

• Support available for children and young people with SEN

• Regulations: – what the local offer should include – who should be consulted – complaints mechanism

• Develop the offer with parents, schools, colleges, other services

• Must include provision to support transition to adulthood

Education, health and care Education, health and care needs assessment & plans needs assessment & plans

• EHC plans replace statements and 139A assessments• EHCP extends to FE, training, an apprenticeship or if

‘NEET’ (not in education, employment or training)• Other provisions similar to a statement• Regulations set out how assessment conducted • Duty to secure special educational provision set out

in EHCP• Duty to secure health care and social care provision• Rights of appeal the same, but include FE

School provisions School provisions

• Provisions apply to academies• Requirements to:

– have a SENCO – inform parents if child has SEN – inform young people – use ‘best endeavours,’ schools and FE– publish information on how they meet the

needs of children with SEN

Draft SEN Code of Practice Draft SEN Code of Practice

• Revised Code of Practice• Removal of School Action and School Action

Plus; introduction of ‘SEN Support’, graduated response

• External specialists can be accessed at any point

• Individual education plans will not be required by the Code; requirement to keep records

• Evidence of a relevant and purposeful response• Threshold for statutory assessment the same

3 questions for you to take 3 questions for you to take away away

• Have you discussed the local offer with the local authority?

• How will you develop ‘SEN support’?

• How will the you be involved in the transition to EHC plans?

You could…

• Review what you currently provide from their delegated budget

• Consider how you might want to influence services commissioned by health and/or the local authority

• Develop links with the relevant officer in the local authority and inquire about initial publication of the local offer

You could…

• Plan how to discuss the changes with parents and children who are currently on School Action/School Action Plus

• Review how parents, children and young people are engaged in the process

• Consider how you are going to introduce ‘SEN support’ into your college

You could…

• Engage with the local authority to:

– Find out what role you are expected to play in converting statements to EHC plans.

– Find out which year groups are likely to have priority.

– Identify the individual children with statements or LDAs who may need to move to an EHC plan in Autumn 2014

Council for Disabled Children websitehttp://www.councilfordisabledchildren.org.uk/

Council for Disabled Children8, Wakley StreetLondon EC1V 7QEtel: +44 (0)20 7843 1900fax: +44 (0)20 7843 6313