The Children and Families Act 2014The essential legal duties

Council for Disabled Children, May 2014

Part 3: Children and Young People In England with Special Educational Needs and Disabilities

64 sections, 43 pages

Replaces Part IV of the Education Act 1996

The Children and Families Act 2014

Definitions and scope

Definition of SEN is no different to the current definition

Disabled children and young people are those who are disabled under the Equality Act 2010

There is a difference between ‘children’ and ‘young people’

Definitions and scope

Academies and free schools

Colleges

Clinical commissioning groups and NHS England

Youth secure estate and youth offending teams

Institutions with new duties

Children, young people and parents at the centre of decision making

Supporting children, young people and parents to participate

A focus on achieving the best possible outcomes

Principles - section 19

Duty on local authorities to identify:

• all the disabled children and young people in their area and

• all the children and young people in their area who have or may have special educational needs

Identification - section 22

Working across agencies and institutions

Education, training and social care provision to be kept under review (s27)

Promoting integration and joint commissioning arrangements (s25, s26)

Cooperation across services and institutions (s28)

Joint working across agencies

Information on education, health and care a local authority expects to be available

Children, young people and parents/carers must be involved

Review and revise commissioning in light of comments received on the local offer

Local offer – section 30

Duty on local authorities to provide information, advice and support

Should be jointly commissioned and cover education, health and social care

Services extended to disabled children and young people and those with SEN

Information and advice - section 32

Education Health and Care plans

To be drawn up within 20 weeks

Person centred with a focus on outcomes

Include education, health and social care

Extend beyond school, potentially up to 25

Personal budgets included

EHC plans - key features

Local authorities to consider an EHC assessment when:

• A request is made

• A child or young person is brought to their attention

EHC assessments - section 36

Legal threshold for EHC assessments is broadly the same as for a statement

The child’s parent or the young person must be consulted in advance

This decision must be made within six weeks

EHC assessments - section 36

An assessment of education, health care and social care needs

Person-centred and outcome focussed

Using assessment evidence from a range of professionals

EHC assessments - section 36

Duty to secure the education and health provision specified in an EHC plan (s42)

Stronger duties in relation to social care (s37)

Must include particular sections (see draft Code) but no national template

Content of EHC plans

Very similar process to a statement, with same presumption for mainstream (s33)

Right extended to include colleges

An institution named in a plan must admit that child or young person (s43)

Naming an education institution

An amount identified as available to secure particular provision in the plan

A view to involving parents or young people

Can be taken as a direct payment in certain circumstances

Personal budgets – section 49

EHC plans do not end when a young person leaves school

EHC plans can be maintained for a young people aged 19-25

Have regard to whether the educational and training outcomes are achieved

Ceasing an EHC plan – section 45

The First-Tier (SEND) Tribunal’s role continues, and extends to colleges

Separate routes of complaint for health and social care

Government commitment to review how redress could be brought together

Appeals – section 51

Other developments in the Children and Families Act

Children and young people in custodyPart 3, sections 70-75Commencement April 2015

Pupils with medical needs in schoolPart 5, section 100, statutory guidanceCommencement September 2014

Next steps

Must be laid before Parliament for approval

Includes regulations on:• Assessments and plans • Local offer• Personal budgets• Mental capacity

Regulations

Currently out for consultation

Must be laid before Parliament for approval

Gives statutory guidance on how to interpret the legislation

Code of Practice

Thank You