I CAN Communication Advisor SEN Reforms John Parrott I CAN Communication Advisor 26.2.14

‘The Lesson Plan’ The current legislative framework Children & Families Bill – process and where we are now Code of Practice – 10 issues explored National Curriculum – changes to consider A test……………………..and then to tea

Current Legislative Framework 1996 - Education Act 2001 - SEN & Disability Act Part I – Special Educational Needs Part II– Disability Discrimination in Education 2001 - SEN Code of Practice & SEN Toolkit (DfES) 2001 - Inclusive Schooling: Children with SEN (DfES) 2002 - Disability Code of Practice for Schools (DRC) 2004 - Children Act 2010 - Equality Act (EA) 2013 - EA Technical Guidance for Schools

Children & Families Bill - process Green Paper 2011 – Support and aspiration: A new approach to SEN and Disability Children & Families Bill February 2013 Part 3 – Special Educational Needs Regulations Draft Code of Practice

Licensee Fortunes!! What are the key issues in the SEN reform agenda that are of most concern for the parents and carers of children and young people with SLCN; and the schools, settings and professionals who work with them?

Children & Families Bill – where are we now? Bill >>>>>>>> Act – Royal Assent March 2014 Regulations - Negative Resolutions - Positive Resolution re Personal Budgets and Direct Payments – April 2014 Code of Practice - ?May 2014

Code of Practice – Key issues Principles - Participation, Outcomes, Joint approach across agencies 0 -25 The Local Offer & the school’s local offer Early Years & Early Identification Graduated Response – SEN Support Joint Commissioning Speech & Language Therapy

Code of Practice – Key issues Education Health & Care Plans Personal Budgets Mediation & Appeals Independent Supporters

Code of Practice – Key issues 0 – 25 Statutory protection for young people who are in education or training up to 25 Post 16 – young people can involve parents as much as they want Post 16 – young person has final say subject to their mental capacity e.g. right of appeal

Code of Practice – Key issues The Local Offer & the school’s local offer Purpose is to enable parents and young people to see what services are available and how to access them i.e. clear, comprehensive and accessible information about the support and opportunities that are available This is the offer for those without EHC plans The LO will set out what all local agencies are ‘expected’ to provide Includes what schools are expected to provide from their ‘notional SEN budget’

Code of Practice – Key issues The Local Offer & the school’s local offer Framework but not requirements – LA must include information about areas specified in the regulations Must set out what SLT is available Monitoring and accountability of both the LO and the quality of the services assured The school’s local offer SEN pathfinders - experiences

Code of Practice – Key issues Early Years & Early Identification Positive re importance of EYFS in area of Communication and Language – profile must be completed for each child Positive re duty on NHS providers to assist identification of SEN in early years Concerns re lack of application of Code to all early years settings Emphasis on early identification - all teachers to have knowledge, understanding and skills in the most common areas of SEN

Code of Practice – Key issues Early Years & Early Identification Majority of children and young people will make progress with ‘high quality teaching’ – if concerned gather evidence but not delay ‘general teaching support’ If inadequate progress, (despite high quality teaching targeted at their areas of weakness) the school should assess whether the child has a significant learning difficulty and whether SEN support is required Concerns over lack of specificity of guidance on how to identify SEN and what triggers specialist support.

Code of Practice – Key issues Graduated Response – SEN Support Single category replaces SA & SA+ Threshold for SEN support unclear Cycle of response – Assess, Plan, Do, Review Schools can make their own choice re keeping records, no expectation for an IEP Schools can involve outside agencies to advise, at any point, on early identification and effective support Parents must be notified and involved

Code of Practice – Key issues Joint Commissioning a missed opportunity? main focus for RCSLT & TCT Expectation for JC but wording weak e.g. duty to make arrangements to agree provision but not required to secure it RCSLT did not manage to strengthen the new duty of LAs and their health partners to make JC arrangements Concern for those children and young people with SEN who will not have EHC plans i.e. SLCN SEN Pathfinders - experiences

Code of Practice – Key issues Speech & Language Therapy ‘wholly or mainly’ issue re SLT as special educational provision Legal advice from David Wolfe QC House of Lords agreed amendment Test for whether SLT to be treated as special educational provision rather than health care provision, will be simply whether it educates or trains the child or young person Continuation of the current approach

Code of Practice – Key issues Education Health & Care Plans - content Views, interests and aspirations of the child or young person and their parents The child or young person’s SEN The outcomes sought for him or her The SEN provision required by him or her Health or social care provision required linked to their SEN Any additional health or social care provision required not linked to their SEN e.g. support for finding employment, housing Name & type of school to be attended. Resourcing – including personal budgets Appendices – list of advice and information gathered during the assessment.

Code of Practice – Key issues Education Health & Care Plans – criteria Evidence that where SEN provision is necessary it cannot reasonably be provided from resources within mainstream schools LAs will consider: - academic achievement and rate of progress; - the nature, extent and cause of the SEN; - action already taken by the school; - if any progress is as a result of much additional effort and instruction at a a sustained level over and above that which is usually provided

Code of Practice – Key issues Education Health & Care Plans – timescales Statutory assessment – up to 6 weeks Preparation of EHC plan – up to 14 weeks 20 weeks max for assessment and planning from point of request CCGs are required to provide the health support identified in the EHC plan Must review annually with ongoing monitoring of progress

Code of Practice – Key issues Education Health & Care Plans – transition Statements will continue to be issued/amended until end of August 2014. EHC plans from 1 September Regulations will specify detail of transition arrangements Likely to be 3 year plan for LAs to organise according to need e.g. transfer to EHC plan at annual review or key phase transfers Two systems running side by side for up to 3 years

Code of Practice – Key issues Personal Budgets All parents and young people will be able to request a personal budget where an EHC plan is in place. LAs will have a duty to prepare one A personal budget is the amount identified by the LA as being available to secure specified particular provision. Personal budgets can be delivered through: direct payments, organised arrangements, or third party arrangements LAs will have discretion over what they agree to Contentious – remember ……. positive resolution

Code of Practice – Key issues Mediation & Appeals Parents or young people can only appeal and proceed to tribunal if they have been in touch with the mediation service Accept mediation or get certificate to say approached but declined to participate Grounds of Appeal and appeal processes were thin in Draft Code – watch this space!

Code of Practice – Key issues Independent Supporters Council for Disabled Children hosting & administering programme for DfE £30million over a 2 year period Short term initiative to give extra support to families in the transition through the reforms Independent Supporters will be additional not a replacement to current key workers Phase 1 – testing out ideas, Phase 2 tendering process to large agencies, Phase 3 tendering to small local agencies Early days…………

National Curriculum Reforms! Other key developments……………. NC – new programmes of study and attainment targets Primary & Secondary assessment & accountability…….

…..…..and finally True of False! Thank you and tea!! John Parrott