Judith Walls CYPS Finance Cath Simms HAS June 2014 Personal Budgets for High Needs Pupils, Direct Payments and Supporting Services PACT Conference Judith Walls CYPS Finance Cath Simms HAS June 2014 1

What is a personal Budget? The draft SEN Code of Practice defines a personal budget as an amount of money identified by the LA to deliver parts of the provision set out in an Education Health and Care Plan (EHC). Families will be able to request a personal budget as part of the planning process when the LA is drawing up an EHC plan or at the annual review 2

What will a personal budget include A personal budget can include funding from: - Education Health Social Care The funding for the Education element of the personal budget will come from the LA’s High Needs Block of the Dedicated Schools Grant 3

Background to SEN Education Funding in North Yorkshire NYCC currently supports its children and young people with High Needs SEN in NY Early Years Providers, Primary, Secondary & Special Schools, Academies, FE Colleges, Independent & Non Maintained Schools and Independent Specialist Providers and Other Local Authority Provision NYCC currently has:- 10 Special schools ranging in size from 40 to 140 320 Primary Schools ranging in size from 10 to 650 44 Secondary Schools ranging in size from 294-1960 300+ Early Years Providers Currently supporting in excess of 1900 Statements or S139A 4

Proposed Government Changes to High Needs Funding School responsibility out of Delegated Funding LA responsibility out of High Needs Block Element 1 Funding (funding per pupil) Equivalent to £4,000 per pupil Element 2 Funding (Formula for additional educational needs) Equivalent to £6,000 per pupil Element 3 Funding (Top-up funding) Assessed on an individual pupil basis Total Equivalent of first £10,000 per pupil Personal Education Budget 5

Proposed Changes – High Needs Element 3 Funding – We are currently in the process of developing a Resource Allocation System (RAS) called the ‘CAN-Do’ to determine Element 3 funding which will be based upon an individual assessment of need of the child or young person and capable of: - Generating the necessary funding for provision Linked to pupil/student outcomes expressed in the EHCP Enable the identification of a personal budget & direct payment where requested. 6

Personal Budgets Although there is an integrated Education, Health and Care Plan with effect from September 2014 there will not be an integrated assessment of Need to determine the Personal Budget. There will continue to be individual assessments at least for the foreseeable future 7

Personal Budgets It is important to be clear upfront about the possible personal budget, so that it can be used flexibly and creatively when it comes to putting the detail in the Education Health and Care plan. Once the Personal Budgets have been determined the family will need to consider the options for managing the Personal Budget. 8

How can a Personal Budget be managed Budget managed by LA – LA retains the funds & commissions the support specified in the EHC Plan Direct Payment – where individuals receive the cash to contract, purchase & manage services themselves Third party arrangements – where funds are paid to an individual or organisation on behalf of young person to manage on their behalf OR a mix of the three options above 9

Suggested use of Direct Payments by people attending the Conference on Friday 7th February SALT, Respite Care, Home education, Transport, Specific Programmes, Aids and Adaptations, Laptops, Social Support, Assistance with integration into mainstream schools, Use a combination of budgets to commission services 5 day per week support so parents can continue to work 10

Suggested use of Direct Payments by people attending the Conference on Friday 7th February To support independent living skills, Occupational Therapist Physiotherapist, To commission private support, To purchase additional outreach services from Special School, Support for Families Support for siblings 11

Advantages of Direct Payments as suggested by people attending conference on 7th February Transparency Young Person in control Parents in control Parents can ensure good quality Parents / Young Person has the choice Services working for families at the right time Young People, parents more motivated ‘buy in’ 12

Concerns about Direct Payments as suggested by people attending conference on Friday 7th February Bureaucracy / time needed to manage the direct payment Vulnerable parents or young people being exploited How would joint commissioning work Variable distribution of Quality of provision provided Parents in control Responsibility of being an employer Variable distribution of providers Conflicting priorities Schools ability to plan and manage staffing in the school 13

Direct Payments Support Service

Direct Payments Support Service Countywide service 12 Direct Payment Advisors Currently free at the point of contact service Support across range of services Adults (HAS) Children (CYPS) Mental Health Health (4 of the CCG’s in North Yorkshire)

Role of the Direct Payments Support Service 3 key areas Initial contact Setting up a direct payment On-going support Support people taking a DP and staff teams.

Initial contact Joint visit with practitioner Full range of Advice and Information What a direct payment can be used for (Still to be confirmed by the Government for Education ) Employing staff Contracting services Accessing community facilities (e.g. gym membership) Responsibilities of taking a DP

Setting up a direct payment Separate bank account Explore how to spend the budget Paperwork and record keeping Budgeting On-going costs Contingencies Payroll Agree the “cost budget”

Employing staff Responsibilities of being an employer Advertising and recruiting Employer’s Liability/Insurance Employee rights Contracts Budgeting – rate of pay, holiday, sickness Tax and NI responsibilities Payroll DBS checks (new name for Criminal Records Bureau checks) Contingencies

On-going support Advice and Information Trouble shooting Signposting to specialist advice Changes to support package Reviewing “cost budget”

Monitoring Monitoring spend – trying to achieve the right level of accountability without being over bureaucratic Information and Advice Person Practitioner Annual financial review

Direct Payments If however a parent or young person does not wish to have a Direct Payment or it is felt not appropriate to have a Direct Payment Then the LA will continue to provide the funding to the provider 22

Considerations Parents will need to be made aware that the scope for a personal budget will differ depending on their school preference – for example if a parent seeks a special school / college placement it may be that the school/ College already provides the specialised and individualised provision required. In such cases a personal budget would not be available. 23

Considerations Regulations will govern the use of Direct Payments for Special Educational Provision & place a number of additional requirements on both LA & parents before a Direct Payment can be agreed: - Consider the impact on other service users; Consider the impact on value for money; 24

Considerations Seek agreement from Educational establishments where a service funded by a direct payment is delivered on their premises. Local Authorities should seek this agreement when they send a copy of the draft plan to the school or college 25

Questions or Comments 26