The Big Policy Picture BOND National Conference London, Wednesday 6 th November 2013 Matthew Hopkinson SEN and Disability Assistant Deputy Director, DfE Sarah Carter SEN and Disability Division

Our Vision for the Future Children’s SEN are picked up early and support is routinely put in place quickly; Staff have the knowledge, understanding and skills to provide the right support for CYP who have SEN or are disabled; Parents know what they can reasonably expect their local school, college, LA & local services to provide; Aspirations for CYP is raised through an increased focus on life outcomes For more complex needs, a coordinated assessment and a single Education, Health and Care Plan from birth to 25; and There is greater control for parents and young people over the services they and their family use.

How we are doing this The introduction of the Children and Families Bill, to reform services and place children, young people and their families at the centre of decision making and support. It covers 6 areas: o Adoption, Looked After Children and the Virtual School Head o Family Justice System o Special Educational Needs and Disabilities o Childcare o Office of the Children’s Commissioner o Shared parental leave and flexible working A new statutory Special Educational Needs Code of Practice for people and organisations working with children and young people with SEN. The Pathfinders programme, which has been trialling the changes in 20 regions nationwide since September 2011.

The timetable for reform  Autumn 2013 – Children and Families Bill passes through the House of Lords.  October 2013 – a draft SEN Code of Practice is available for public consultation and feedback. o The main consultation is open until 9 th December o A separate consultation for young people to give their views is open until 20 th December  Spring Royal Assent, subject to Parliamentary process.  September 2014 – if Royal Assent is given, the reforms will go live across England.  Throughout – Pathfinder ‘Champions’ advise and support non-pathfinder LA’s, helping them plan what they need to do to implement the changes.

5 Children and Families Bill 2013 Key Highlights

1. The involvement of children, young people and parents at the heart of legislation, including Education, Health and Care Plan assessments and the development of the local offer.

2. New Education, Health and Care Plans (EHCP) will run from 0-25, replacing the current system of Statements (pre-16) and Learning Difficulty Assessments (post-16). This assessment is more streamlined and integrates education, health and care services. It involves children, young people and families far more closely than the current system.

3. A new requirement for local authorities, health and care services to jointly commission services to ensure that the needs of children and young people with SEN or disabilities are met.

4. LAs will publish a clear, transparent Local Offer of services for SEN, so parents and young people can understand what is available.

5. New statutory protections for young people aged 16-25, with a stronger focus on preparing for adulthood and increased aspirations for employment

6. Offer of a personal budget for families and young people with a EHC Plan, extending choice and control over their support.

7. All SEN duties to apply equally to all schools, inc. Academies and Free Schools

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The Draft SEN Code of Practice and mental health

Who must have regard to the Code?  local authorities (education, social care and relevant housing and employment and other services)  early years providers  schools  FE colleges  sixth form colleges  academies/ free schools  SEND Tribunal  independent special schools and independent specialist providers  pupil referral units and alternative providers  NHS England  clinical commissioning groups (CCGs)  NHS trusts  NHS Foundation Trusts  Local Health Boards

A single category of SEN Support  This replaces the current categories of School Action and School Action Plus (and their equivalents in early years) with a single category known as SEN Support.  It focuses on outcomes rather than processes.  It is for those who have SEN and who require support and/or interventions that are additional to or different from those normally provided as part of the differentiated curriculum offer and strategies.  New SEN Code of Practice will give clear guidance on identifying children who have SEN and on the operation of this new single category of SEN.

Revised BESD category  Persistent mental health difficulties may lead to children and young people having significantly greater difficulty in learning than the majority of those of the same age.  Not all mental health difficulties mean a child or young person has an SEN, but where there are ongoing difficulties, schools should consider whether the child will benefit from being identified as having a special educational need.  In order to help improve the identification of difficulties we have reformed the current SEN category of Behavioural, Emotional and Social Difficulties (BESD), moving the focus away from behavioural outcomes and concentrating on the underlying needs.

Revised BESD category  The new category of Social, Mental and Emotional Health will include clear references to mental health issues that may give rise to SEN.  The expectation will be set that children who are displaying behavioural issues should be assessed by the school to see if there is an underlying SEN, including emotional and mental health difficulties.  This will enable better provision of support, for example through targeted access to Child and Adolescent Mental Health Services, CAMHS, or other support services.

How can you get ready for the changes?  Respond to the consultation on the SEN Code of Practice at: There are several versions, including two aimed specifically at children and young people.  Strengthen links with parents and carers.  Engage with children and young people.  Support staff and Governors to become familiar with the new legislation and Code of Practice.  Train staff on new ways of working: increased participation of children, young people and parents, a single SEN stage and an increased focus on the most effective interventions.  Review your SEN assessment, monitoring policies and practices to ensure effectiveness.

How can you get ready for the changes? Work with the Local Authority and other professionals on the development of the new integrated assessment process, EHCP’s and the Local Offer. Feed into the Local Offer what your school / organisation is doing to support children and young people with SEN. Help families to think how they might use a personal budget in effective ways that complement the provision provided within school. Consider how transition arrangements between providers can be improved and strengthened. Look at the outcomes emerging from the Pathfinder regions at Continue with business as usual – until the new legislation passes the 1996 Education Act and current (2001) Code of Practice still apply.

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