Overview of SEN reform

Gives an overview of the main clauses in the Bill Looks at Government amendments at Committee Stage Outlines the key issues still being debated by Parliament This presentation:

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

An overview of the main clauses in the Bill

Definitions and scope Clause 20: SEN definition the same Clause 20: distinction between children and young people: –Young person over compulsory school age but under 25 –Legal entitlements transfer from parent to young person –Legislation will apply to children and young people throughout

Clause 22: application to all children & young people with SEN: –LA is responsible for identifying all children and young people with SEN in their area –LA is responsible for all children and young people with SEN in their area for the purposes of this legislation All duties to apply to academies and free schools

Local integration of health, care and education Clause 25: integrate services to promote well-being Clause 27: LAs to keep education & social care under review –Includes SEN provision and children’s and adult social care –Determination of whether provision is sufficient

Clause 26: joint commissioning by LAs & CCGs –Put in place joint commissioning arrangements –Including for securing provision in EHC plans –Arrangements for resolving disputes between parties Clause 28: Requirement to co-operate to meet EHC needs: –Includes education, health and social care

Clause 30: Local offer Information on the education, health and care services a local authority expects to be available Includes services available outside the local area Regulations: –what the local offer should include –who should be consulted –Complaints mechanism

Clauses 36-47: Education, health and care assessment & plans EHC plans replace statements –Threshold for assessment the same –Threshold for plan the same EHC plans extend to FE and training –139A assessment replaced –Can continue in an apprenticeship or if ‘NEET’

Regulations may set out: –how assessment conducted –how it might be combined with other assessments Duty to secure the educational provision set out in EHCP Health and social care needs to be recorded in EHCP Rights of appeal the same, but include FE

Clause 48: Personal budgets LAs to prepare a personal budget: –in relation to an EHC plan –where a request has been made by parent or young person –may include a direct payment Details in regulations

Clauses 61-65: School provisions 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

Government amendments at Committee Stage

Local authorities must include in EHC plans: ‘the health and social care reasonably required by the learning difficulties and disabilities which result in him or her having special educational needs’.

Local authorities may include in EHC plans: ‘ any other health care and social care provision reasonably required by the child or young person’.

Health commissioning bodies must: ‘arrange the health care provision for the child or young person specified in EHC plans’

Key issues still being debated by Parliament

Disabled children with health and social care needs, without significant educational needs, will not be eligible for plans. Ensuring social care is an enforceable part of an EHC plan, in the same way as the education and health parts Giving the First-Tier (SEND) Tribunal powers to rule on health and social care EHC plans

Protecting current entitlements ‘Wholly or mainly’ test for education provision Removal of some important regulations Admission to special academies without an EHC plan

EHC plans in post-16 Education and training Lack of clarity about entitlement for year olds Whether young people at university should be eligible for an EHC plan

Strengthening the local offer Replacing School Action and School Action Plus Young offenders being excluded from the reforms The cross-over with the Care Bill which changes adult social care law Other issues

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