1. André Imich, SEN and Disability Professional Adviser, DfE
Implementation - The Children and Families Act Birmingham 3 July 2014
Points of Clarification
1. Nomenclature:
Child = under statutory leaving age (16 years)
Young person = person over compulsory school age (16-25)
2. Key message – the same principles and the same vision applies to all ages 0-25 years
3. Post 16 Institutions often use the term ‘learning difficulties’. The term SEN is used in the Code across the 0-25 age range but has the same meaning.
André Imich, SEN and Disability Professional Adviser, DfE 1

2. Successful implementation1
Systems and planning 2
Engagement 3
The key areas
Systems and planning
Senior level understanding, inc members
Addressing capacity and resource implications
Progress towards workforce development
Setting up processes and systems inc IT
Planning how to convert statements and LDAs
Engagement with
Schools and SENCOs
Early years providers
FE colleges and other post-16 providers
Social care partners
Health partners, inc CCGs
Voluntary sector
Parents and Parent Carer Forums
Young people
Key areas of development
Develop and trial a coordinated 0-25 EHC needs assessment and planning process
Set up joint commissioning structures
Co-produce a 0-25 local offer
A transparent process for personal budgets
Establish 0-25 mediation arrangements

3. 1. Systems and planning Senior level understanding (inc members)
Addressing capacity and resource implications
Progress towards workforce development
Setting up processes and systems (inc IT)
Planning how to convert statements and LDAs

4. 2. Engagement with: Schools and SENCOs Early years providers
FE colleges and other post-16 providers
Social care partners
Health partners, inc CCGs
Voluntary sector
Parents and Parent Carer Forums
Young people

5. 3. The key areas Co-produce a 0-25 local offer
Develop and trial a coordinated 0-25 EHC needs assessment and planning process
Set up joint commissioning structures
A transparent process for personal budgets
Establish 0-25 mediation arrangements

6. The new Code of Practice (June 2014)
Principles
Impartial Information, Advice and Support
Working together across education, health and social care
The local offer
Early years providers
Schools
Further education
Preparing for adulthood
Education Health and Care Plans
CYP in specific circumstances
Resolving disagreements

7. CYP in Specific Circumstances
Looked after children
Care leavers
SEN and social care needs, inc children in need
CYP educated out of area
CYP with SEN educated at home
Children with SEN in alternative provision
Young offenders in custody
Children of service personnel

8. Local Offer – key features
Co-produced with parents and young people
Fully involve services in its development and review
Holistic - cover 0-25 education, training, transport, social and health care, employment, independent living
Clear how to access support and services,
Clarify how decisions are made, by whom, and what to do if things go wrong
Up to date, written in plain language,
Clear about provision schools and colleges will deliver

9. Assessment and planning – Key principles
On-going process, regular person-centred reviews.
CYP and families at centre; involved in decision-making.
A ‘tell us once’ approach to sharing information.
Effective co-ordination between statutory services.
Practitioners engaged and committed.
Keyworking approaches - single point of contact.

10. Numbers of EHCPs
Q – Re the statementing process and the indication that threshold and criteria are remaining the same, why is there a presumption that there will be less EHCPs?
A - There is NO presumption that there will be fewer EHCPs than SSENs. The legal test of when a child or young person requires an EHC plan remains the same as that for a statement under the Education Act Therefore, it is expected that all CYP who have a statement and who would have continued to have one under the current system, will be transferred to an EHC plan – no CYP should lose their statement and not have it replaced with an EHC plan simply because the system is changing.

11. Quality Education Health and Care Plans
Meet the requirements of the Act, regs and the Code.
Parent, child/ YP at the heart
Describes positively what CYP can do
Clear, concise, understandable and accessible

12. EHCP EHC plans must include sections A-K.
The sections must be separately labelled from each other using the letters.
The sections do not have to be in the order of the letters.
LAs may use an action plan in tabular format to include different sections and demonstrate how provision will be integrated, as long as the sections are separately labelled.
(CoP – para 9:60)

13. EHCP Sections A: Views, interests and aspirations
B: Special educational needs
C: Health needs
D: Social care needs
E: Outcomes
F: Special educational provision
G: Any health provision reasonably required
H1: Social care provision under S2 of Chronically Sick
and Disabled Persons Act 1970
H2: Any other social care provision
I: Name and type of setting
J: Personal budget
K: Advice and information gathered

14. EHCP Exemplar

15. Transition – Main points
From 1/9/14 YP in FE and training with LDA can choose to request an EHC assessment. No LDAs post 31/8/2016
By 1/4/18, LAs must have transferred all statements to the new SEN and disability system following a ‘transfer review’. During the transition period (1/9/14 to 1/4/18) LAs must continue to comply with Part IV of the EA1996 in relation to children and young people with statements.
Within national parameters LAs should develop their own transition plans, following consultation with parents, YP and professionals. LAs should publish the first version of their local transition plan by 1 September 2014

16. What will make the difference to CYP
Extended statutory protections
Key working
Person centred approaches
One page profile
Smoother transitions
Being listened to/ empowered/ having a voice
Professionals collaborating – doing things differently
Focus on outcomes and the curriculum, support and other arrangements to achieve them.
Extended statutory protections - but it is the cultural change that is key
'Key working' - SQW reports highlights the quality of key working as a major factor influencing families' experiences of new process - surely true for YP direct experience too
Person centred approaches - to become more embedded/'mainstreamed' into the way we work
One page profile - at a recent conference I presented at (in Keynsham) a young man with spina bifida spoke eloquently about the positive impact he has experienced of having the one page profile as a way of empowering him to engage/communicate with professionals
smoother transitions - but not just shifting the 'cliff' to age 25
being listened to/empowered/having a voice - role of advocacy

17. Implications for schools and colleges
New Code (Sept 2014) applies to all state funded schools
Reinforced role of SENCo
Application of SEN Support category
Putting parents and children at the heart of the system
Greater clarity about what school/ college provides
Work with LA on local offer
Ensuring no discrimination over admission decisions
Working with Education, Health and Care Plans
Improved transition planning and arrangements
Support families in using personal budgets
Outcomes/ outcomes/ outcomes

18. Implications for delivering support services
Focus on the child/ young person
Involve the parent – consider the wider family context
Quality assessment  quality intervention/ application of the social model
Reporting advice and information
Working together
Understand the educational landscape
Focus on outcomes/ plan early for adulthood
Changes to service delivery and organisation  working with (new/different) others
Wider engagement (with new populations)
Support schools in implementing SEN School Support

19. …………
Questions
Comments
Points of clarity
Discussion