3-MINUTE READ SEND IN THE CHILDREN AND FAMILIES ACT 2014

What is it and what does it mean for you? The Children and Families Act was passed into law in March Part 3 of this Act contains important changes to the special educational needs and disabilities framework for governing bodies, proprietors and management committees. From 1 September 2014, it replaces Chapter 1 Part 4 of the Education Act 1996 (children with special educational needs). This 3-Minute Read summarises the key points of this Act relating to the SEND reforms in a succinct and accurate manner. Please view as a slideshow to open the links.

Definitions The Children and Families Act offers the following definitions: Pupils with special educational needs (SEN) are defined as those that have a learning difficulty or SEN provision is made for them. SEN provision is educational or training provision that is in addition to, or different from, that made generally for others of the same age. A pupil has a learning difficulty and/or disability if they have a significantly greater difficulty in learning than others of the same age or have a disability which hinders them from making use of school facilities on an equal basis with their peers. But a pupil does not have a learning difficulty or disability solely because the language in which they will be taught is different from the language spoken at home.

Local authorities (LAs) Joint commissioning arrangements (JCA) LAs have a duty to integrate education, health and social care provision to promote the wellbeing of and improve the quality of provision for children with SEND. Arrangements must include the kind of provision to be secured, who will secure it, how advice and information will be provided, how complaints about the provision are made, and procedures for settling disputes. LAs must also include arrangements for securing education, health and social care (EHC) assessments and plans, and for agreeing personal budgets. Local offer LAs must publish in a local offer, in consultation with schools/academies, the SEND provision that will be made available to pupils in their area. Specific information on what should be included in the local offer, are outlined in the associated regulations.associated regulations Supply of goods and services LAs may supply goods and services on their own terms and conditions, with the purpose of assisting governing bodies/proprietors in securing SEN provision.

The mainstream assumption Effective from 1 September 2014, there will be an assumption that all children and young people with SEN will be educated in a mainstream school, unless this is incompatible with the wishes of their parents or the provision of education for other pupils. Parents reserve the right to send their child to a non-maintained school, but the LA may not cover the cost of provision. Where a pupil requires SEN support, governing bodies/proprietors must use their best endeavours to secure the requisite SEN provision, appointing a staff member to the role of SEN Coordinator (SENCO) to oversee this. But where a pupil’s SEN requirements cannot be met through a school’s internal support framework, it can request for the LA to undertake an EHC needs assessment.

The SENCO The Education (SENCO) Regulations prescribe the required experience and qualifications of the staff member, including a requirement to be a qualified teacher and an obligation to complete the SENCO qualification. These regulations also outline in further detail, the specific roles and responsibilities of the SENCO, including informing the pupil’s parents that SEN provision is being made for their child. Further information on these regulations can be found in our 3-Minute Read.regulations

Education, health and care (EHC) plans Preparing an EHC plan The LA must prepare an EHC plan if it determines that SEN provision is justified, and this will include a request for the child’s parents to specify a particular school. Where the parents name a school, the LA is obligated to secure the child’s admittance at that school, but other governing bodies may be consulted, should the child’s parents choose not to specify a particular school. Duty to admit Governing bodies named in an EHC plan must admit a child with SEND, unless they can prove no reasonable steps can be taken to prevent any incompatibilities. Finalising an EHC plan Governing bodies will be also be consulted on the final version of an EHC plan..

EHC plans cont. Review and reassessment The LA will review EHC plans on an annual basis, consulting the governing body/proprietor of the child’s school, where appropriate. The LA, school, or child’s parents may also request a re-assessment of an EHC plan at any time. Withdrawal LAs can withdraw an EHC plan if it determines that it is no longer necessary or if the child moves out of its area of responsibility. Personal budgets The LA must prepare a personal budget, if requested to do so by the child or their parents. For more information on EHC assessments, plans, and personal budgets, check out our 3-Minute Reads on the associated regulations.associated regulations

Appeals, mediation, and disputes Appeals A child’s parents or a young person over compulsory school age, may appeal to the First-tier Tribunal against any decision relating to an EHC assessment or EHC plan. Mediation A child’s parents or a young person over compulsory school age, may request independent mediation to solve a dispute relating to their SEN provision. Resolution of disputes LAs must make arrangements for avoiding/resolving disagreements between themselves and the school/academy in the exercise of their respective functions, and the child’s parents and the school/academy in relation to the SEN provision. The parents of a pupil with a disability or a young person over compulsory school age, can also make a claim to the Tribunal if a school/academy has discriminated against them on the grounds of disability. Our 3-Minute Reads on the associated regulations contain further details on this topic.associated regulations

Monitoring and reporting An LA representative can access at any reasonable time, the premises of a school, academy, or other educational institution, in pursuance of an EHC plan for the purpose of monitoring the education or training. Governing bodies/proprietors must prepare a report on the school or academy’s SEND provision, which should include the: –Admission arrangements for pupils with disabilities. –Steps taken to prevent pupils with disabilities being treated less favourably than other pupils. –Facilities provided to assist access for pupils with disabilities. –Details of the school/academy’s accessibility plan. The SEN (Information) Regulations 2014 contain additional information on what to include in the report.SEN (Information) Regulations 2014.

Related statutory guidance SEN Code of Practice Governing bodies/proprietors must have regard to guidance set out in the SEN Code of Practice issued by the Secretary of State for Education in the exercise of their duties under this Act. Pupils with medical conditions Governing bodies and proprietors also have an obligation to make arrangements for supporting pupils with medical conditions as outlined in the associated statutory guidance.

What’s next? For more information about the ‘Children and Families Act 2014’ and associated regulations, the full documents are available in our SEND Legislation topic.SEND Legislation You may also find the following related topics on TheSchoolBus useful: Equality Legislation – includes all the relevant laws and regulations relating to equality, together with 3-Minute Reads.Equality Legislation Special Educational Needs Policy – includes a model policy template and a 3-Minute Read on the 0-25 SEN Code of Practice.Special Educational Needs Policy Supporting Pupils with Medical Conditions Policy – includes a model policy template and a 3-Minute Read on the associated statutory guidance.Supporting Pupils with Medical Conditions Policy High Needs Funding – includes a 3-Minute Read on the high needs funding arrangements for 2014/15.High Needs Funding