SEN and disability: a policy update VIEW Conference 15 March 2011 Philippa Stobbs Council for Disabled Children Special Educational Consortium Julie Jennings RNIB Chair, Special Educational Consortium

SEN and disability: accountability Ofsted increased focus on progress Young Person’s Learning Agency SEN complaints against academies Commitment to improve DfE school complaints service: service development, guidance and training for officials, guidance for parents and children, reforms to DfE internal processes Role of parents? Role of local authority?

Specialist SEN services and academies expansion Academies Act 2010 Local authority SEN specialist services protected from academy recoupment in Increasing number of academies SEC pressure secured protection for SEC dissemination of information to local authority staff Support in protecting services against cuts Cutswatch research

Duty to co-operate Duty on academies, schools and colleges to cooperate with other local services, Children Act 2004 and ASCLA 2009 Education Bill proposed removal of duty Concerns: –Fragmentation of education system –Education providers key partners in meeting children’s needs –Undermine Green Paper SEC briefed against proposal, House of Lords persuaded Ministers to delete clause from Bill

Personalisation and Direct Payments Adult and children’s social care, adult health Green Paper commitment to include education Concerns about best inclusive practice Piloting in pathfinder areas Direct Payments Order SEC consensus on safeguards: –Local authority SEN duties continue –scheme only in local authority pilot areas –sunset clause reduced from five years to two years.

Exclusions Education Act 2011: Independent Review Panels replace Independent Appeal Panels New panels cannot order re-instatement New right for parents to request SEN expert: –were actions taken by school to identify and address SEN reasonable –might school reasonably have intervened earlier to prevent the exclusion early intervention a key focus in all statutory guidance on improving behaviour and reducing exclusions.

Equality Act All claims of disability discrimination in an exclusion now go to the Tribunal Public Sector Equality Duty: –commenced April 2011 –specific duties September –information and objectives to be published April 2012 Consultation commencing schools’ reasonable adjustments duty to include auxiliary aids and services

Legal aid and SEN appeals Ministry of Justice reforms, November 2010 Legal Aid, Sentencing and Punishment of offenders Bill Removal of legal aid for SEN appeals Reversal of decision, Bill retains legal aid for SEN cases SEC argued, successfully, for the legal aid to apply to post-16 SEN cases as well

Green Paper Pathfinders Single assessment process and an education health and care plan Birth to 25 Personal budgets and direct payments Increased involvement voluntary and community sector Engagement of children, young people, and their parents and families. Local offer

Early years update Early Support and keyworking project –VI information booklet –VI Journal –Multiple needs Journal –Service audit tool –Engaging health Early Years Foundation Stage Phonics check

VI update Impact of education context Involvement in pathfinder work LA survey LA cuts National offer MQ