1. I CAN Communication Advisor
SEN Reforms
John Parrott
I CAN Communication Advisor

2. ‘The Lesson Plan’ The current legislative framework
Children & Families Bill – process and where we are now
Code of Practice – 10 issues explored
National Curriculum – changes to consider
A test……………………..and then to tea

3. Current Legislative Framework
Education Act SEN & Disability Act Part I – Special Educational Needs Part II– Disability Discrimination in Education SEN Code of Practice & SEN Toolkit (DfES) Inclusive Schooling: Children with SEN (DfES) Disability Code of Practice for Schools (DRC) Children Act Equality Act (EA) EA Technical Guidance for Schools

4. Children & Families Bill - process
Green Paper 2011 – Support and aspiration: A new approach to SEN and Disability
Children & Families Bill February 2013
Part 3 – Special Educational Needs
Regulations
Draft Code of Practice

5. Licensee Fortunes!!
What are the key issues in the SEN reform agenda that are of most concern for the parents and carers of children and young people with SLCN; and the schools, settings and professionals who work with them?

6. Children & Families Bill – where are we now?
Bill >>>>>>>> Act – Royal Assent March 2014
Regulations
- Negative Resolutions
- Positive Resolution re Personal Budgets and Direct Payments – April 2014
Code of Practice - ?May 2014

7. Code of Practice – Key issues
Principles - Participation, Outcomes, Joint approach across agencies
0 -25
The Local Offer & the school’s local offer
Early Years & Early Identification
Graduated Response – SEN Support
Joint Commissioning
Speech & Language Therapy

8. Code of Practice – Key issues
Education Health & Care Plans
Personal Budgets
Mediation & Appeals
Independent Supporters

9. Code of Practice – Key issues
0 – 25
Statutory protection for young people who are in education or training up to 25
Post 16 – young people can involve parents as much as they want
Post 16 – young person has final say subject to their mental capacity e.g. right of appeal

10. Code of Practice – Key issues
The Local Offer & the school’s local offer
Purpose is to enable parents and young people to see what services are available and how to access them i.e. clear, comprehensive and accessible information about the support and opportunities that are available
This is the offer for those without EHC plans
The LO will set out what all local agencies are ‘expected’ to provide
Includes what schools are expected to provide from their ‘notional SEN budget’

11. Code of Practice – Key issues
The Local Offer & the school’s local offer
Framework but not requirements – LA must include information about areas specified in the regulations
Must set out what SLT is available
Monitoring and accountability of both the LO and the quality of the services assured
The school’s local offer
SEN pathfinders - experiences

12. Code of Practice – Key issues
Early Years & Early Identification
Positive re importance of EYFS in area of Communication and Language – profile must be completed for each child
Positive re duty on NHS providers to assist identification of SEN in early years
Concerns re lack of application of Code to all early years settings
Emphasis on early identification - all teachers to have knowledge, understanding and skills in the most common areas of SEN

13. Code of Practice – Key issues
Early Years & Early Identification
Majority of children and young people will make progress with ‘high quality teaching’ – if concerned gather evidence but not delay ‘general teaching support’
If inadequate progress, (despite high quality teaching targeted at their areas of weakness) the school should assess whether the child has a significant learning difficulty and whether SEN support is required
Concerns over lack of specificity of guidance on how to identify SEN and what triggers specialist support.

14. Code of Practice – Key issues
Graduated Response – SEN Support
Single category replaces SA & SA+
Threshold for SEN support unclear
Cycle of response – Assess, Plan, Do, Review
Schools can make their own choice re keeping records, no expectation for an IEP
Schools can involve outside agencies to advise, at any point, on early identification and effective support
Parents must be notified and involved

15. Code of Practice – Key issues
Joint Commissioning
a missed opportunity? main focus for RCSLT & TCT
Expectation for JC but wording weak e.g. duty to make arrangements to agree provision but not required to secure it
RCSLT did not manage to strengthen the new duty of LAs and their health partners to make JC arrangements
Concern for those children and young people with SEN who will not have EHC plans i.e. SLCN
SEN Pathfinders - experiences

16. Code of Practice – Key issues
Speech & Language Therapy
‘wholly or mainly’ issue re SLT as special educational provision
Legal advice from David Wolfe QC
House of Lords agreed amendment
Test for whether SLT to be treated as special educational provision rather than health care provision, will be simply whether it educates or trains the child or young person
Continuation of the current approach

17. Code of Practice – Key issues
Education Health & Care Plans - content
Views, interests and aspirations of the child or young person and their parents
The child or young person’s SEN
The outcomes sought for him or her
The SEN provision required by him or her
Health or social care provision required linked to their SEN
Any additional health or social care provision required not linked to their SEN e.g. support for finding employment, housing
Name & type of school to be attended.
Resourcing – including personal budgets
Appendices – list of advice and information gathered during the assessment.

18. Code of Practice – Key issues
Education Health & Care Plans – criteria
Evidence that where SEN provision is necessary it cannot reasonably be provided from resources within mainstream schools
LAs will consider:
- academic achievement and rate of progress;
- the nature, extent and cause of the SEN;
- action already taken by the school;
- if any progress is as a result of much additional effort and
instruction at a a sustained level over and above that which
is usually provided

19. Code of Practice – Key issues
Education Health & Care Plans – timescales
Statutory assessment – up to 6 weeks
Preparation of EHC plan – up to 14 weeks
20 weeks max for assessment and planning from point of request
CCGs are required to provide the health support identified in the EHC plan
Must review annually with ongoing monitoring of progress

20. Code of Practice – Key issues
Education Health & Care Plans – transition
Statements will continue to be issued/amended until end of August EHC plans from 1 September
Regulations will specify detail of transition arrangements
Likely to be 3 year plan for LAs to organise according to need e.g. transfer to EHC plan at annual review or key phase transfers
Two systems running side by side for up to 3 years

21. Code of Practice – Key issues
Personal Budgets
All parents and young people will be able to request a personal budget where an EHC plan is in place. LAs will have a duty to prepare one
A personal budget is the amount identified by the LA as being available to secure specified particular provision.
Personal budgets can be delivered through: direct payments, organised arrangements, or third party arrangements
LAs will have discretion over what they agree to
Contentious – remember ……. positive resolution

22. Code of Practice – Key issues
Mediation & Appeals
Parents or young people can only appeal and proceed to tribunal if they have been in touch with the mediation service
Accept mediation or get certificate to say approached but declined to participate
Grounds of Appeal and appeal processes were thin in Draft Code – watch this space!

23. Code of Practice – Key issues
Independent Supporters
Council for Disabled Children hosting & administering programme for DfE
£30million over a 2 year period
Short term initiative to give extra support to families in the transition through the reforms
Independent Supporters will be additional not a replacement to current key workers
Phase 1 – testing out ideas, Phase 2 tendering process to large agencies, Phase 3 tendering to small local agencies
Early days…………

24. National Curriculum Reforms!
Other key developments……………. NC – new programmes of study and attainment targets Primary & Secondary assessment & accountability…….

25. …..…..and finally
True of False!
Thank you and tea!!
John Parrott