1. Working in partnership
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2. IPSEA – who we are and what we do
National charity – not dependent on one source of funding
Small core staff volunteers
Give free, independent, legal advice and support
Website, , telephone callbacks, individual case work, advocacy
Support over 6,000 individual families PA
Submissions based on direct evidence of what families tell us
Ensure parent/carer are fully informed of their rights in order to make informed choices
Challenge unlawful policy
Use the law to ensure children and young people with special educational needs (SEN) and disabilities get the right education and training
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3. Sources of Law
Statute – i.e. C & F Act but not forgetting other relevant law such as the Equality Act 2010 (the “EqA”) and the Mental Capacity Act 2005
Regulation – The SEN and Disability Regulations 2014 and The Special Educational Needs (Personal Budgets) Regulations 2014
Case law - which will continue to clarify the law
Guidance - The SEN and Disability Code of Practice 2015 – dated January 2015 and effective as of 1st April 2015
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4. Overriding objective for LAs working in partnership with parents – S
Overriding objective for LAs working in partnership with parents – S.19 Children and Families Act 2014
In exercising a function under this Part in the case of a child or young person, a local authority in England must have regard to the following matters in particular— (a) the views, wishes and feelings of the child and his or her parent, or the young person; (b) the importance of the child and his or her parent, or the young person, participating as fully as possible in decisions relating to the exercise of the function concerned; (c) the importance of the child and his or her parent, or the young person, being provided with the information and support necessary to enable participation in those decisions; (d) the need to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes.
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5. Aim of the section 19 principles
Early identification of needs and early intervention
Participation in decision making
Greater choice and control for young people and parents
High quality provision to meet the needs of children and young people with SEN (Para 1.2 SEND Code)
The individual duties:
Identifying children/young people with SEN
Request and process of EHC needs assessment
EHC plans including placement preference
Annual review process including personal budgets
Cease to maintain
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6. Partnership with families at a strategic level
Duty to keep education and care provision under review (section 27)
Educational, training and social care provision within and outside the LA – is it sufficient?
Seek and publish comments from children, young people and parents re the Local Offer (section 30)
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7. Working in partnership with parents
Good, honest and open communication is the key to the development of positive working relationships and requires practitioners who listen to parents and are trusted by them... The quality of communication both reflects and is a reflection of the working relationships between professionals and parents. The worst communication generates significant levels of hostility... The best communication engenders impressive levels of confidence and a sense of partnership. (Lamb Inquiry, 2009)
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8. Working together at a strategic level for all children and young people with SEN/D
Strategic duty to promote integration of educational provision with health care and social care provision;
Objective is well-being of children and young people/improving the quality of SEP (section 25)
Joint commissioning across education, health and social care
Children and young people with disabilities as well as SEN (section 26)
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9. Working together with local partners
Includes:
Governing bodies of maintained schools and nurseries
Proprietors of Academies
Proprietors non maintained schools
Governing bodies FE colleges
Section 41 opted in schools/colleges
Any other person making SEP
CCG (section 28)
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10. Reciprocal co-operation
The LA to co-operate with certain schools in the carrying out of their functions
Mainstream schools/mainstream nurseries
16 to 19 Academies
FE Colleges
PRUs and alternative provision Academies
(Section 29)
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11. Strategic duties vs specific duties
EHC needs assessment
Provision in EHC plans
Annual review
Personal budgets
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12. Information and advice to be obtained as part of EHC needs assessment
The LA must seek advice on SEN/provision/outcomes:
Child’s parents or the young person
Head teacher or principal of school/post-16 settings that they are attending
Medical advice and information from a health care professional
Educational psychologist
Advice and Information in relation to social care
Advice and Information from any other person LA thinks appropriate
Advice and information in relation to prep for adulthood and independent living (for pupils in or beyond Yr 9)
Any person child’s parent or young person reasonably requests
If HI and/or VI issues - specialist educationalist. All of this applies equally to EHC needs assessment carried out as part of transition (Regulation 6(1))
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13. Duty to co-operate Advice giver must comply within 6 weeks Exceptions:
Child young person fails to keep appointment
Absent from the area for continuous period no less than 4 weeks
Exceptional circumstances affect the child, young person or parent
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14. Disagreement over education, health and social care
On receipt of a final EHC plan, parents/young people can choose to mediate all parts of the plan
The educational parts (B, F and I) can be appealed to the First Tier Tribunal for SEND
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15. National trial Follow on from pilot involving 17 LAs
Reported success in LAs and CCGs co-ordinating assessment and provision in all cases
Guidance to accompany rights and details of redress if recommendations are not complied with
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16. Final thoughts Working together early is likely:
To result in more successful outcomes for children and young people
Reduce the use of redress through the appeal process - often where bodies are reactive rather than proactive
Improve long term relationships
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17. How are others doing it?
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