SPECIAL EDUCATIONAL NEEDS & DISABILITY CODE OF PRACTICE 2015 HOW THIS APPLIES TO FURTHER EDUCATION

BACKGROUND The Children and Families Act 2014 SEND Code of Practice forms part of the Act and came into effect on 1 st September st time that a Code of Practice has applied to post 16 education Young people with a Statement of SEN or Learning Difficulty Assessment have been offered the choice for this to be converted to an Education, Health and Care Plan (EHCP) – transition period commenced September 1 st 2014

13 YEARS IN THE MAKING The SEND reforms build on best practice over the past 13 years – this is the biggest change in this time Aim to implement a new approach which seeks to join up help across education, health and care, from birth to 25. The reforms give colleges the freedom to develop what works for them in partnership with their local authority, parents and young people. School Action Plus and School Action will no longer exist but this cohort will be referred to as SEN

CASE FOR CHANGE: 2010 OFSTED REVIEW OF SEND What consistently worked well was rigorous monitoring of progress, with quick intervention and thorough evaluation of its impact. High aspirations and a determination to enable young people to be as independent as possible leading to the best educational achievement. Need for continued focus on, and the highest expectations for, disabled children and young people with special educational needs

EXPERTISE WITHIN & BEYOND COLLEGE/PROVIDERS The governing bodies of colleges should ensure that all staff interact appropriately and inclusively with students who have SEN or a disability and should ensure that they have appropriate expertise within their workforce. They should also ensure that curriculum staff are able to develop their skills, are aware of effective practice and keep their knowledge up to date. Colleges should make sure they have access to specialist skills and expertise to support the learning of students with SEN. This can be through partnerships with other agencies such as adult social care or health services, or specialist organisations, and/or by employing practitioners directly. They should ensure that there is a named person in the provider with oversight of SEN provision to ensure co-ordination of support, similar to the role of the SEN Co-ordinator (SENCO) in schools.

IDENTIFYING SEND Assessing right support – EHCP lays out the support the learner needs and who is to provide that. Funding - dependant on the needs of the learner, funds are drawn down via EFA and Local authority. Higher needs funding is specifically for the named learner. Planning the support – Support required must be identified and named. However, it can be through ALS, tutor or assistive technology.

IDENTIFYING SEND Putting support in place – This must be in place for the first day they start, can be reviewed throughout. Review support – Any one with an EHCP and higher needs funded learners require an annual review. The provider must set the dates of the annual review and manage the process. Providers must adhered to the set guidance. Local authorities must be informed. Record Keeping – Tracking of the learners progress and support given against their EHCP outcomes.

NEW STATUTORY DUTIES ON FE COLLEGES/PROVIDERS Must use their best endeavours to secure the special educational provision that the young person needs Duty to admit students if the institution is named in the Education and Health Care Plan – if this is agreed by LA Under a duty to co-operate with the Local Authority to identify and meet the needs of young people with SEN Must ‘have regard’ to the new SEND Code of Practice – in law this means a high duty

Primary The following sections of the Children and Families Act 2014: Co-operating generally: local authority functions: Section 28 Co-operating generally: governing body function: Section 29 Children and young people with SEN but no plan: Section 34 Independent specialist schools and special post-16 institutions – approval: Section 41 Schools and other institutions named in EHC plan: duty to admit: Section 43 Using best endeavours to secure special educational provision: Section 66 Code of Practice: Section 77 The Equality Act 2010 Regulations The Special Educational Needs and Disability Regulations _Practice_January_2015.pdf _Practice_January_2015.pdf

WHAT THIS MEANS Greater involvement of parents/carers in education is a key factor in securing better outcomes Aim is to maximise independence, choice and control by young people Focus on personalising programmes – ‘wrap around courses’ – we need to be more flexible in what we offer Bring together education, health and social care in one single plan College/Provider needs to strengthen links with schools to improve transition

We need to improve the outcomes for young people with SEND We have published our college Local Offer in conjunction with the LAs we work with to ensure that what we can offer to those with SEN or a disability is transparent – this is on our website. We are expected to provide high quality support to those with SEND from core funding provided by government through classroom teaching and by embedding differentiation within the curriculum Focus on outcomes Workforce Skills development to ensure that staff are appropriately trained 1st September was the start of this implementation process this is currently on-going.

PROCESS FOR COLLEGES AND PROVIDERS Draft EHCP received by institution/training provider 15 days to consult and make a decision (It is not enough to say the provider is full, all reasonable adjustments must be made to meet the needs of the learner, the only reasonable argument for not taking a learner is if there are grounds to refuse for safeguarding reasons or if it is felt they will adversely affect the learning of others, this must be evidenced) The 15 day period is NOT working days it is 15 consecutive days A response must be sent back to the Local Authority specifically stating the support that can be given Once the EHCP has been finalised a copy of the final document will be sent to the provider and will name them as the education provider