Information, Advice and Support London

Presentation – Reform: what will be the IAS duties and requirements on LA’s? (to whom, what and how?) Activity – Mental Capacity Act Quiz! Questions - Whenever you have them…. Workshop Schedule

Key legislation/guidance which guide new IAS Obligations: Children & Families Act Special Educational Needs and Disability Regulations 2014 SEND Code of Practice IAS Duties – Key Legislation/Documents

Who must receive IASOn what? Parent of child/YP with SENMatters relating to the child's SEN Parent of child/YP with a disabilityMatters relating the child disabilities Child with SENMatters relating to the child's SEN Child with a disabilityMatters relating the child disabilities Young person with SENMatters relating to the young persons SEN Young person with a disabilityMatters relating to the young persons disabilities Who must receive A&IOn what? Parent of child/YP with SENMatters relating to the child's SEN C&F Act: Section 32 – Advice & Information

Joint commissioning arrangements must include arrangements for considering and agreeing — What advice and information is to be provided about education, health and care provision; By whom, to whom and how such advice and information is to be provided; C&F Act: Section 26 – Joint Commissioning

Local Authorities MUST have regard to: Views, wishes and feelings of the child and his or her parent, or the young person Importance of the child and parent, or the young person, participating as fully as possible in decisions Importance of the child and parent, or the young person, being provided with the information and support to enable participation in decisions; Need to support the child and parent, or the young person, to achieve the best possible outcomes. C&F Act Section 19 – Parent & CYP Participation

Personal Budgets Information, advice and support 3. Where a local authority maintains an EHC plan or is securing the preparation of an EHC plan for a child or young person, it must make arrangements for the provision to the child’s parent or young person of the following information— (a) the provision for which a personal budget may be available; (b) details of organisations that provide advice and assistance in connection with personal budgets; and (c) the conditions which must be met before direct payments may be made. Assessment and Plans Provision of advice, information and support to parents and young people 9.When securing an EHC needs assessment the local authority must consider whether the child’s parent or the young person requires any information, advice and support in order to enable them to take part effectively in the EHC needs assessment, and if it considers that such information, advice or support is necessary, it must provide it. SEN and Disability Regulations 2014

Chapter 2 – Impartial Information, Advice and Support A dedicated and easily identifiable Service; Built on existing Parent Partnership Service and any other local services for young people to create an Information, Advice and Support Service; Young people and children must be able to access independently from their parents; Should be impartial, confidential, arms length, free and accessible SEND Code of Practice

Local policy and practice; The local offer; Personalisation and personal budgets; Education law on SEN and related law on disability, health and social care, through suitably independently trained staff; Helping children, young people and parents to gather, understand and interpret information and apply it to their own situation; and Provision of advice through individual casework and through work with parent carer support groups, local SEN youth forums or local disability groups, or training events. IAS - What Should be Provided?

Expectation that many children and young people will receive IAS via or alongside their parents But… LA’s must also ensure that they (CYP) are able to receive information, advice and support separately from their parents IAS - Children and Young People

All children, young people and parents have a right to IAS, regardless of their age or mental capacity. When a child reaches the end of compulsory school age, rights to make decisions around Education, Health and Care plans transfer from the parent to the young person. If parents and young people do not agree post-16, the young person’s decision will prevail. As is the case with parents, young people’s rights to make decisions are subject to them having the mental capacity to do so…. Rights to Decision Making and Young People

A person should make their own decisions unless it can be shown that they need support. A person should be given as much support as possible to make their own decision. A person is allowed to make an unwise decision. When a person can’t make their own decision about something, other people must act in his/her best interest. Every decision made must respect the person’s right to freedom. Mental Capacity Act 2005 – Five Key Principles

1.Children and young people have a separate right of access to confidential IASS. Such access should only be denied in rare cases where the child or young person lacks the mental capacity to decide to access IAS and the provision of some form of IAS would not be in their best interests. 2.Parents will not generally have a right to be informed about a child’s or young person’s access to IAS – nor indeed do other organisations such a local authorities or schools. The exceptions will be where the child or young person validly consents or where serious safeguarding concerns justify disclosure of this information. What does this mean for children?

3.Parental consent is not required before an IASS provides any support to a child or young person. Indeed it may well breach the child or young person’s privacy rights for an IASS to seek such consent. 4.Parents will not generally have a right to access records relating to support provided to a child or young person by an IASS Children - continued

A range of institutions and bodies must have regard to the Code of Practice (set out in Section 77 of the Act). This list now includes: Youth Offending Teams and persons in charge of relevant youth accommodation. Section 10 of the Code of Practice relates to children and young people with SEN detained in custody. SEND Code of Practice – Young Offenders

Facts and figures on Young People in Custody: 2013 MoJ report - 18% of sentenced young people in custody had a statement of special educational needs, compared to 3% in the general population. Of year olds in YOIs, 88% of young men and 74% of young women had been excluded from school at some point. Of year olds in YOIs, 36% of young men and 41% of young women were aged under 14 when they last attended school. A recent review suggests that the prevalence of neuro-developmental disorders (e.g. dyslexia, communication disorders and epilepsy) among young people in custody is higher than in the general youth population. Over 60% of people in youth justice estate have difficulties with speech, language or communication.

The SEND Regulations and Code of Practice require that local authorities must consider whether a child, their parent or a young person requires any information, advice and support in order to enable them to take part effectively in an Education, Health and Care needs assessment. If it considers that this is necessary, the local authority must provide it. IAS Rights for Young People in Custody

The Care Bill requires local authorities to establish and maintain a service which must provide information and advice relating to care and support for adults and support for carers (of adults). The Health and Social Care Act 2012 shifted responsibility for provision of Independent Complaints Advocacy Services from the Secretary of State for Health to local authorities from April Health Watch – consumer champion, representing user views, signposting and may provide advocacy on complaints. Health and Social Care - IAS duties

Additional Staffing New burdens money IS Other staff/org in local area – umbrella Volunteers Training – legal, CYP, toolkit et Where are Services now?

Identify health and social care providers and commissioners to agree provision Identify people and organisations who currently provide IAS to parents/carers, children and young people - what do they provide and how? Could their services be extended and become part of the IASS ‘umbrella’? Could staff be bought into the IASS? Co-location? What additional skills, knowledge and resource are needed? Where are the gaps? Next Steps - Exercise

Accurate, up to date and impartial resources and information about the law on SEND (covering education, health and social care), national and local policy, the Local Offer, rights and choices, opportunities to participate, where to find help and advice and how to access this. The provision of information will often be a first response to an enquiry, but may also serve to raise awareness and to prompt enquiries. Information

Activities that help parents and young people to gather, understand and interpret information and apply to their own situation. The provision of advice will often be a first step in casework, and may be offered face to face, by telephone, through work with groups or in training. Advice

Support Support involves direct work with parents, children or young people, its purpose having been agreed in advance and the support being tailored to their individual needs. Support will usually involve casework, and may include representation (appeals and Tribunals). Support