1. Copyright IPSEA 2018

2. The Children and Families Act 2014:
Four years on
Lucy Hayes
Senior SEN Lawyer, IPSEA
INTRODUCTION:
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3. Some of the key changes
Combination of education, health and care in one plan
Introduction of ‘outcomes’
Category of schools and colleges which parent/young person has right to request extended to include Academies, section 41 schools and non-maintained special schools
Support up to 25 and creation of category of ‘young people’
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4. What stayed the same? Right to support for all children with SEND
Right to place in mainstream (if wanted) and to inclusion in life of school
Low bar for needs assessment to be carried out
Legal obligation on LA to make provision in EHC plan
EHC plan should not be ceased unless no longer necessary
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5. Local Area SEND Inspections
Ofsted and CQC evaluating effectiveness of local areas in fulfilling their duties under the Children and Families Act 2014
Looking at how effectively local areas identify, assess and meet the needs of children and young people with SEND, and improve outcomes for those children and young people
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6. Ofsted’s ‘One Year On’ report
Published October 2017
Set out common themes, including:
Where the system worked well, this was due to strong strategic leadership and joint working between education, health and care
In many areas, children on SEN Support not benefitting from new regime
An “alarming number” of pupils with SEND were frequently excluded, formally and informally
In two-thirds of the areas inspected, the EHC needs assessment process “was not working well enough”
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7. ‘Transition’ from Statements
Deadline meant to be 1 April 2018 – we know many LAs are not going to meet this
DfE has said no child or young person should lose support
For young people moving to FE or turning 19 who still have Statements, IPSEA recommends pushing for transition as soon as possible
For all others, protection under old law remains
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8. Common issues with transition
Parents being told after the event that an annual review meeting was a transfer review meeting
No EHC needs assessment carried out
LA unilaterally deciding that existing advice is sufficient for the purposes of the assessment even when out of date
The content of the Statement simply being copied into an EHC Plan
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9. SEN Support
Alison Black, University of Exeter: Research into recent trends
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10. EHC needs assessments
LAs applying different criteria or a higher threshold:
Must use a specific form
Need evidence that school has spent £6,000 on SEN provision
Need educational psychologist’s report
Need 3 terms worth of ‘assess, plan, do, review’
All professionals must agree an EHC Plan is needed
School must make application
During assessment:
Lack of joint working
Delays in completion
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11. EHC plans: Format and content
Variation in format
LAs inserting additional sections
Special educational provision being listed in sections other than Section F
Vague or unclear provision
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12. EHC plans: Outcomes
Should be SMART – Specific, Measurable, Achievable, Realistic, Timebound
Over a range of timescales – by next annual review, by end of key stage, etc.
Some LAs refusing to amend EHC plans after annual reviews, resulting in irrelevant outcomes
If considering ceasing an EHC plan, LA should consider whether outcomes have been met – but can only cease if plan is no longer necessary
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13. EHC plans: Naming a school
Law puts parental choice first
Common issues:
Use of common admissions forms
Parents being asked to express a preference for a school prior to receiving a draft EHC plan
Parents being misinformed about their rights to request section 41/non-maintained special schools, or schools out of borough
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14. Exclusions
There are only two types of exclusion which are lawful: permanent and fixed period
Any time during the school day when a child is sent out of school (including lunchtime) counts as an exclusion and must be recorded as such
The decision to exclude a pupil must be lawful, reasonable and fair
Only the head teacher of a school (or the teacher in charge of a pupil referral unit) can exclude a pupil
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15. Duty to include pupils with SEND
Mainstream schools and maintained nursery schools must ensure that children with SEN ‘engage in the activities of the school together with children who do not have special educational needs’ – section 35 CAFA 2014
Exceptions: not reasonably practicable; not compatible with child / YP receiving the support they need; the efficient education of the other children or the efficient use of resources
Also duties under Equality Act 2010
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16. Conclusion
Children and Families Act 2014 should have strengthened, rather than weakened, rights
Provides for a wider range of support, for a longer time
Issues are largely due to lack of understanding of the law and pressures on budgets
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17. How can IPSEA help? Website: For free information and resources
Advice Line and Tribunal Helpline: For queries relating to SEN issues and Tribunal appeals
Tribunal Support Service: In some cases, we can provide assistance with preparing your case and/or Tribunal representation
Training: We offer a range of online and face-to-face training for parents, professionals and LAs
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18. Lucy Hayes, Senior SEN Lawyer
Any questions?
Lucy Hayes, Senior SEN Lawyer
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