André Imich, SEN and Disability Professional Adviser, DfE Implementation - The Children and Families Act 2014 Birmingham 3 July 2014 Points of Clarification 1. Nomenclature: Child = under statutory leaving age (16 years) Young person = person over compulsory school age (16-25) 2. Key message – the same principles and the same vision applies to all ages 0-25 years 3. Post 16 Institutions often use the term ‘learning difficulties’. The term SEN is used in the Code across the 0-25 age range but has the same meaning. André Imich, SEN and Disability Professional Adviser, DfE 1

Successful implementation 1 Systems and planning 2 Engagement 3 The key areas Systems and planning Senior level understanding, inc members Addressing capacity and resource implications Progress towards workforce development Setting up processes and systems inc IT Planning how to convert statements and LDAs Engagement with Schools and SENCOs Early years providers FE colleges and other post-16 providers Social care partners Health partners, inc CCGs Voluntary sector Parents and Parent Carer Forums Young people Key areas of development Develop and trial a coordinated 0-25 EHC needs assessment and planning process Set up joint commissioning structures Co-produce a 0-25 local offer A transparent process for personal budgets Establish 0-25 mediation arrangements

1. Systems and planning Senior level understanding (inc members) Addressing capacity and resource implications Progress towards workforce development Setting up processes and systems (inc IT) Planning how to convert statements and LDAs

2. Engagement with: Schools and SENCOs Early years providers FE colleges and other post-16 providers Social care partners Health partners, inc CCGs Voluntary sector Parents and Parent Carer Forums Young people

3. The key areas Co-produce a 0-25 local offer Develop and trial a coordinated 0-25 EHC needs assessment and planning process Set up joint commissioning structures A transparent process for personal budgets Establish 0-25 mediation arrangements

The new Code of Practice (June 2014) Principles Impartial Information, Advice and Support Working together across education, health and social care The local offer Early years providers Schools Further education Preparing for adulthood Education Health and Care Plans CYP in specific circumstances Resolving disagreements

CYP in Specific Circumstances Looked after children Care leavers SEN and social care needs, inc children in need CYP educated out of area CYP with SEN educated at home Children with SEN in alternative provision Young offenders in custody Children of service personnel

Local Offer – key features Co-produced with parents and young people Fully involve services in its development and review Holistic - cover 0-25 education, training, transport, social and health care, employment, independent living Clear how to access support and services, Clarify how decisions are made, by whom, and what to do if things go wrong Up to date, written in plain language, Clear about provision schools and colleges will deliver

Assessment and planning – Key principles On-going process, regular person-centred reviews. CYP and families at centre; involved in decision-making. A ‘tell us once’ approach to sharing information. Effective co-ordination between statutory services. Practitioners engaged and committed. Keyworking approaches - single point of contact.

Numbers of EHCPs Q – Re the statementing process and the indication that threshold and criteria are remaining the same, why is there a presumption that there will be less EHCPs? A - There is NO presumption that there will be fewer EHCPs than SSENs. The legal test of when a child or young person requires an EHC plan remains the same as that for a statement under the Education Act 1996. Therefore, it is expected that all CYP who have a statement and who would have continued to have one under the current system, will be transferred to an EHC plan – no CYP should lose their statement and not have it replaced with an EHC plan simply because the system is changing.

Quality Education Health and Care Plans Meet the requirements of the Act, regs and the Code. Parent, child/ YP at the heart Describes positively what CYP can do Clear, concise, understandable and accessible

EHCP EHC plans must include sections A-K. The sections must be separately labelled from each other using the letters. The sections do not have to be in the order of the letters. LAs may use an action plan in tabular format to include different sections and demonstrate how provision will be integrated, as long as the sections are separately labelled. (CoP – para 9:60)

EHCP Sections A: Views, interests and aspirations B: Special educational needs C: Health needs D: Social care needs E: Outcomes F: Special educational provision G: Any health provision reasonably required H1: Social care provision under S2 of Chronically Sick and Disabled Persons Act 1970 H2: Any other social care provision I: Name and type of setting J: Personal budget K: Advice and information gathered

EHCP Exemplar http://www.sendpathfinder.co.uk/infopacks/ap/

Transition – Main points From 1/9/14 YP in FE and training with LDA can choose to request an EHC assessment. No LDAs post 31/8/2016 By 1/4/18, LAs must have transferred all statements to the new SEN and disability system following a ‘transfer review’. During the transition period (1/9/14 to 1/4/18) LAs must continue to comply with Part IV of the EA1996 in relation to children and young people with statements. Within national parameters LAs should develop their own transition plans, following consultation with parents, YP and professionals. LAs should publish the first version of their local transition plan by 1 September 2014

What will make the difference to CYP Extended statutory protections Key working Person centred approaches One page profile Smoother transitions Being listened to/ empowered/ having a voice Professionals collaborating – doing things differently Focus on outcomes and the curriculum, support and other arrangements to achieve them. Extended statutory protections - but it is the cultural change that is key 'Key working' - SQW reports highlights the quality of key working as a major factor influencing families' experiences of new process - surely true for YP direct experience too Person centred approaches - to become more embedded/'mainstreamed' into the way we work One page profile - at a recent conference I presented at (in Keynsham) a young man with spina bifida spoke eloquently about the positive impact he has experienced of having the one page profile as a way of empowering him to engage/communicate with professionals smoother transitions - but not just shifting the 'cliff' to age 25 being listened to/empowered/having a voice - role of advocacy  

Implications for schools and colleges New Code (Sept 2014) applies to all state funded schools Reinforced role of SENCo Application of SEN Support category Putting parents and children at the heart of the system Greater clarity about what school/ college provides Work with LA on local offer Ensuring no discrimination over admission decisions Working with Education, Health and Care Plans Improved transition planning and arrangements Support families in using personal budgets Outcomes/ outcomes/ outcomes

Implications for delivering support services Focus on the child/ young person Involve the parent – consider the wider family context Quality assessment  quality intervention/ application of the social model Reporting advice and information Working together Understand the educational landscape Focus on outcomes/ plan early for adulthood Changes to service delivery and organisation  working with (new/different) others Wider engagement (with new populations) Support schools in implementing SEN School Support

………… Questions Comments Points of clarity Discussion