Copyright IPSEA 2018

The Children and Families Act 2014: Four years on Lucy Hayes Senior SEN Lawyer, IPSEA INTRODUCTION: Copyright IPSEA 2018

Some of the key changes Combination of education, health and care in one plan Introduction of ‘outcomes’ Category of schools and colleges which parent/young person has right to request extended to include Academies, section 41 schools and non-maintained special schools Support up to 25 and creation of category of ‘young people’ Copyright IPSEA 2018

What stayed the same? Right to support for all children with SEND Right to place in mainstream (if wanted) and to inclusion in life of school Low bar for needs assessment to be carried out Legal obligation on LA to make provision in EHC plan EHC plan should not be ceased unless no longer necessary Copyright IPSEA 2018

Local Area SEND Inspections Ofsted and CQC evaluating effectiveness of local areas in fulfilling their duties under the Children and Families Act 2014 Looking at how effectively local areas identify, assess and meet the needs of children and young people with SEND, and improve outcomes for those children and young people Copyright IPSEA 2018

Ofsted’s ‘One Year On’ report Published October 2017 Set out common themes, including: Where the system worked well, this was due to strong strategic leadership and joint working between education, health and care In many areas, children on SEN Support not benefitting from new regime An “alarming number” of pupils with SEND were frequently excluded, formally and informally In two-thirds of the areas inspected, the EHC needs assessment process “was not working well enough” Copyright IPSEA 2018

‘Transition’ from Statements Deadline meant to be 1 April 2018 – we know many LAs are not going to meet this DfE has said no child or young person should lose support For young people moving to FE or turning 19 who still have Statements, IPSEA recommends pushing for transition as soon as possible For all others, protection under old law remains Copyright IPSEA 2018

Common issues with transition Parents being told after the event that an annual review meeting was a transfer review meeting No EHC needs assessment carried out LA unilaterally deciding that existing advice is sufficient for the purposes of the assessment even when out of date The content of the Statement simply being copied into an EHC Plan Copyright IPSEA 2018

SEN Support Alison Black, University of Exeter: Research into recent trends Copyright IPSEA 2018

EHC needs assessments LAs applying different criteria or a higher threshold: Must use a specific form Need evidence that school has spent £6,000 on SEN provision Need educational psychologist’s report Need 3 terms worth of ‘assess, plan, do, review’ All professionals must agree an EHC Plan is needed School must make application During assessment: Lack of joint working Delays in completion Copyright IPSEA 2018

EHC plans: Format and content Variation in format LAs inserting additional sections Special educational provision being listed in sections other than Section F Vague or unclear provision Copyright IPSEA 2018

EHC plans: Outcomes Should be SMART – Specific, Measurable, Achievable, Realistic, Timebound Over a range of timescales – by next annual review, by end of key stage, etc. Some LAs refusing to amend EHC plans after annual reviews, resulting in irrelevant outcomes If considering ceasing an EHC plan, LA should consider whether outcomes have been met – but can only cease if plan is no longer necessary Copyright IPSEA 2018

EHC plans: Naming a school Law puts parental choice first Common issues: Use of common admissions forms Parents being asked to express a preference for a school prior to receiving a draft EHC plan Parents being misinformed about their rights to request section 41/non-maintained special schools, or schools out of borough Copyright IPSEA 2018

Exclusions There are only two types of exclusion which are lawful: permanent and fixed period Any time during the school day when a child is sent out of school (including lunchtime) counts as an exclusion and must be recorded as such The decision to exclude a pupil must be lawful, reasonable and fair Only the head teacher of a school (or the teacher in charge of a pupil referral unit) can exclude a pupil Copyright IPSEA 2018

Duty to include pupils with SEND Mainstream schools and maintained nursery schools must ensure that children with SEN ‘engage in the activities of the school together with children who do not have special educational needs’ – section 35 CAFA 2014 Exceptions: not reasonably practicable; not compatible with child / YP receiving the support they need; the efficient education of the other children or the efficient use of resources Also duties under Equality Act 2010 Copyright IPSEA 2017 Copyright IPSEA 2018 15

Conclusion Children and Families Act 2014 should have strengthened, rather than weakened, rights Provides for a wider range of support, for a longer time Issues are largely due to lack of understanding of the law and pressures on budgets Copyright IPSEA 2017 Copyright IPSEA 2018 16

How can IPSEA help? Website: For free information and resources Advice Line and Tribunal Helpline: For queries relating to SEN issues and Tribunal appeals Tribunal Support Service: In some cases, we can provide assistance with preparing your case and/or Tribunal representation Training: We offer a range of online and face-to-face training for parents, professionals and LAs www.ipsea.org.uk Copyright IPSEA 2017 Copyright IPSEA 2018 17

Lucy Hayes, Senior SEN Lawyer Any questions? Lucy Hayes, Senior SEN Lawyer lhayes@ipsea.org.uk Copyright IPSEA 2018 Copyright IPSEA 2017 18