3-MINUTE READ Draft SEN Code of Practice: for 0 to 25 years

What is it and what does it mean for you? The DfE has produced statutory guidance concerning Part 3 of the Children and Families Bill; the Special Educational Needs (SEN) Code of Practice. The 174 page guidance was published in October 2013 and contains a wealth of information that school leaders and local authorities (LAs) may find valuable. The Code provides practical advice on how to identify, assess and make provision for children and young people with SEN. This information will enable schools to gain a clear understanding of the duties, policies and procedures inherent within the Code and also to ensure that the statutory duties towards Children with SEN are effectively fulfilled. The key points concerning the SEN Code of Practice Statutory Guide have been presented in this 3-Minute Read in an efficient and concise manner.

Changes from the 2001 Code of Practice The main changes from the SEN Code of Practice (2001), to reflect the new legislation, are: Covers the 0-25 age range. Clearer focus on the views of children and young people and their role in decision-making. Guidance on the joint planning and commissioning of services to ensure co-operation between education, health services and social care. For children and young people with complex needs, a co-ordinated assessment and the new 0-25 Education, Health and Care Plan (EHC plan) replace statements and Learning Difficulty Assessments (LDAs). New guidance on the support pupils and students should receive in education and training settings. Greater focus on support that enables those with SEN to succeed in their education and make a successful transition to adulthood.

Family centred system LAs must ensure that parents and children participate in discussions and decisions about every aspect of the assessment and provision of SEN, planning outcomes and making provision to meet those outcomes, and in: Planning and reviewing the local offer. Reviewing SEN and social care provision. Drawing up individual EHC plans, reviews and reassessments. Also, when a child is over compulsory school age, it is their views that take precedence over their parents in respect of assessments and EHC plans. LAs should work in partnership with health professionals, educational institutions (including early years), and other agencies to promote aspiration for children with SEN and their parents.

Working across education, health and care LAs have a duty to promote integration between SEN, health and social care provision, where this would improve the quality of the provision. The local offer must set out the range of services available locally across these sectors for Children with SEN and the support that Children with SEN can access outside the local area. Joint commissioning arrangements for the planning, implementation and review of SEN, health and social care provision should be agreed accordingly. Governing Bodies, Principals and Headteacher’s should be included in the review of EHC plans.

The local offer LAs must publish a local offer, setting out in one place, information about provision they expect to be available for children and young people in their area who have SEN, including those who do not have EHC plans. The local offer has two key purposes: 1.To provide clear, comprehensive and accessible information about the provision available. 2.To make provision more responsive to local needs and aspirations by directly involving children and young people with SEN, parents and carers, and service providers in its development and review.

Education providers Maintained nursery schools, mainstream schools, academies, further education institutions and pupil referral units must: Ensure that all necessary provision is made for any individual with SEN. Cooperate with their LA in developing the local offer. Designate a member of staff (the SENCO) to coordinate provision for children with SEN. Ensure that Children with SEN take part in school activities with children who do not have SEN, as far as possible. Publish information on the school’s SEN policy, and the measures and facilities put in place to assist access for Children with Disabilities.

Assessments and EHC plans The child’s parents, a young person or a school representative have the right to request a SEN assessment from the LA. LAs must conduct an assessment of education, health and care needs and prepare an EHC Plan if they consider that it may be necessary for SEN provision to be made for the child. EHC plans must be focused on the outcomes the child seeks to achieve across education, health and care. EHC plans must set out how services will work together to meet the child’s needs in delivery of these outcomes.

Children in specific circumstances Children who have been accommodated or taken into care by LAs are legally defined as being ‘looked after’ by a LA. Over 70% of ‘looked after’ children have some form of SEN. All maintained schools, academies and free schools must appoint a designated teacher for ‘looked after’ children. Where that role is carried out by a person other than the SENCO, designated teachers should work closely with the SENCO to ensure that the implications of a child being looked after and having SEN are fully understood by relevant staff members.

Resolving disputes LAs must make disagreement resolution services available to parents and young people. Details of the disagreement resolution arrangements must be included in the local offer when developing EHC plans. A number of avenues are available to address disagreements, including Ofsted, Local Government Ombudsman and First-tier tribunals. The Secretary of State for Education can also be addressed if the dispute cannot be solved at the local level. The First-tier tribunal is explained in more detail in the SEN (Appeals) Regulation 3-Minute Read, downloadable from TheSchoolBus website.

Transitional Arrangements From 1 September 2014, transitional arrangements will be put in place to support the changeover from the current system to the new system in a way that is manageable. These arrangements will set out the elements of the following legislative instruments that will remain in force during the transition period: SEN Code of Practice (2001). Section 139A Learning Difficulty Assessments Statutory Guidance (2013).

What’s next? From 1 September 2014 the provisions in the Children and Families Bill, its associated regulations and Code of Practice will be in force. Subject to any transitional arrangements made, from that date the following guidance will cease to have effect: SEN Code of Practice (2001). Inclusive Schooling (2001). Section 139A Learning Difficulty Assessments Statutory Guidance (2013). If you wish to discover more about the SEN (2014) Code of Practice and / or its Statutory Guidance, you can download them in full on TheSchoolBus website.TheSchoolBus website.