1. Children & Young People with Acquired Brain Injury: Return to School
Sue Walker
Educational Psychologist

2. Topics for Discussion
Educational Psychologists (E.Ps)? What do they do & how can they help?
Understanding statementing
How lawyers can help in event child has claim & child statemented/not statemented
Does change in govt have bearing on remit?

3. Educational Psychologists
Training:
Honours degree in Psychology
Post-degree experience working with children/young people
3 year doctorate
Role:
Distinctive contribution is in psychological skills & knowledge derived from study of many aspects of psychology – cognitive, developmental, social, behavioural, clinical & neuro-psychology, and how it applies to human development, learning & behaviour.
Work with children & young people who experience difficulties that may effect their educational and psychological development/emotional well-being
School visits, liaising with other agencies, advising LA on policies & provision

4. What are Special Educational Needs?
Children have special educational needs if they have a learning difficulty which calls for special educational provision to be made for them.

5. Special Educational Needs (SEN)
Increased inclusion in mainstream school
Expectation of mainstream schools to manage high level of special need from within own budget
Fewer statements of SEN
Most children with SEN do not have a statement

6. Code of Practice of SEN: levels of SEN support
School Action
School Action Plus
Statement of SEN

7. Types of SEN
Requirement to record pupil’s primary need, and if appropriate,
secondary need.
A. Cognition and Learning Needs
Specific Learning Difficulty
Moderate Learning Difficulty
Severe Learning Difficulty
Profound & Multiple Learning Difficulty
B. Behaviour, Emotional & Social development Needs
Behaviour, Emotional & social Difficulty
C. Communication & Interaction Needs
Speech, Language and Communication Needs
Autistic Spectrum Disorder
D. Sensory and/or Physical Needs
Visual Impairment
Hearing Impairment
Multi-sensory impairment
Physical Disability
Other This category not to be used for pupils with a statement of SEN

8. Funding the SEN of children with Acquired Brain Injury
School’s own budget
LA ‘Exceptional’ funding
LA ‘Health’ funding
Statutory assessment BUT route not fast or flexible
Tribunal route (LAST RESORT, NOT FAST, V. HIGH LEVEL PARENTAL STRESS)
Litigation??

9. Statement of SEN Proposed Statement / Final Statement
Part 1: Child details
Part 2: Special Educational Needs
Part 3: Special Educational Provision
Part 4: School where needs met (only on final)
Part 5: Non-Educational Needs
Part 6: Non-educational provision

10. Tribunals
Consider parents appeals against decisions of local authority
SENDIST as ‘stand alone’ body now replaced by 2 tier tribunal structure:1st Tier tribunal & Upper tribunal
SEN & Disability now sits in the Health, Education & Social Care Chamber of the 1st Tier Tribunal
Upper Tribunal - Appeals against decisions, instead of going to High Court

11. Tribunals: Disposal of Appeals (SENDIST Tribunal Annual Report 2008-9)

12. SENDIST Tribunals

14. School action/School Action Plus Initiation of stat assess
How can lawyers help in event of claim, & if child statemented /not statemented?
School action/School Action Plus
Negotiation with school for additional provision?
Initiation of stat assess
Support for parents to navigate system
Support for parents to challenge LA refusals
Scrutiny of proposed statement
Charitable organisations e.g. IPSEA, ACE
Statemented:
Support for non-maintained school if LA refuses

15. Change in govt, & remit?
Balchin report (2007) Conservative party’s commision on SEN
Radical revision of SEN overdue
Statements should be replaced by Special Needs Profiles, drawn up by profile assessors
Assessors should be independent of LA (decisions re level & type of need shouldn’t be made by body that holds budget for & provides SEN provision)
Restoration of Special School places & ‘Special Academy Status’
Climate of severe budgetary constraint
Launch of wide-ranging Green Paper in autumn

16. Educational Psychologist
Contact details
Sue Walker
Educational Psychologist
The Children’s Trust
Tadworth
KT20 5RU