Children & Young People with Acquired Brain Injury: Return to School Sue Walker Educational Psychologist

Topics for Discussion Educational Psychologists (E.Ps)? What do they do & how can they help? Understanding statementing How lawyers can help in event child has claim & child statemented/not statemented Does change in govt have bearing on remit?

Educational Psychologists Training: Honours degree in Psychology Post-degree experience working with children/young people 3 year doctorate Role: Distinctive contribution is in psychological skills & knowledge derived from study of many aspects of psychology – cognitive, developmental, social, behavioural, clinical & neuro-psychology, and how it applies to human development, learning & behaviour. Work with children & young people who experience difficulties that may effect their educational and psychological development/emotional well-being School visits, liaising with other agencies, advising LA on policies & provision

What are Special Educational Needs? Children have special educational needs if they have a learning difficulty which calls for special educational provision to be made for them.

Special Educational Needs (SEN) Increased inclusion in mainstream school Expectation of mainstream schools to manage high level of special need from within own budget Fewer statements of SEN Most children with SEN do not have a statement

Code of Practice of SEN: levels of SEN support School Action School Action Plus Statement of SEN

Types of SEN Requirement to record pupil’s primary need, and if appropriate, secondary need. A. Cognition and Learning Needs Specific Learning Difficulty Moderate Learning Difficulty Severe Learning Difficulty Profound & Multiple Learning Difficulty B. Behaviour, Emotional & Social development Needs Behaviour, Emotional & social Difficulty C. Communication & Interaction Needs Speech, Language and Communication Needs Autistic Spectrum Disorder D. Sensory and/or Physical Needs Visual Impairment Hearing Impairment Multi-sensory impairment Physical Disability Other This category not to be used for pupils with a statement of SEN

Funding the SEN of children with Acquired Brain Injury School’s own budget LA ‘Exceptional’ funding LA ‘Health’ funding Statutory assessment BUT route not fast or flexible Tribunal route (LAST RESORT, NOT FAST, V. HIGH LEVEL PARENTAL STRESS) Litigation??

Statement of SEN Proposed Statement / Final Statement Part 1: Child details Part 2: Special Educational Needs Part 3: Special Educational Provision Part 4: School where needs met (only on final) Part 5: Non-Educational Needs Part 6: Non-educational provision

Tribunals Consider parents appeals against decisions of local authority SENDIST as ‘stand alone’ body now replaced by 2 tier tribunal structure:1st Tier tribunal & Upper tribunal SEN & Disability now sits in the Health, Education & Social Care Chamber of the 1st Tier Tribunal Upper Tribunal - Appeals against decisions, instead of going to High Court

Tribunals: Disposal of Appeals (SENDIST Tribunal Annual Report 2008-9)

SENDIST Tribunals

School action/School Action Plus Initiation of stat assess How can lawyers help in event of claim, & if child statemented /not statemented? School action/School Action Plus Negotiation with school for additional provision? Initiation of stat assess Support for parents to navigate system Support for parents to challenge LA refusals Scrutiny of proposed statement Charitable organisations e.g. IPSEA, ACE Statemented: Support for non-maintained school if LA refuses

Change in govt, & remit? Balchin report (2007) Conservative party’s commision on SEN Radical revision of SEN overdue Statements should be replaced by Special Needs Profiles, drawn up by profile assessors Assessors should be independent of LA (decisions re level & type of need shouldn’t be made by body that holds budget for & provides SEN provision) Restoration of Special School places & ‘Special Academy Status’ Climate of severe budgetary constraint Launch of wide-ranging Green Paper in autumn

Educational Psychologist Contact details Sue Walker Educational Psychologist The Children’s Trust Tadworth KT20 5RU 01737 365855 swalker@thechildrenstrust.org.uk