1. UNDERSTANDING THE SEND REFORMS Polly sweeney associate solicitor
CEPEG 10TH ANNUAL CONFERENCE “RAISING THE BAR”

2. Understanding the SEND Reforms….
How can Part 3 of the Children and Families Act 2014 improve services for children and young people with special educational needs and disability?

3. Understanding the SEND Reforms….
Overview of Changes
Improved legal rights
Opportunities for improving services
Missed opportunities?
Potential barriers to improving services
Solutions…

4. Overview
Introduction of Education, Health and Care Plan for 0-25 years and new EHC needs assessment process
New rights to request personal budgets and introduction of direct payments for SEN provision
Changes to Tribunal appeal rights / medication
Duties in relation to joint planning / commissioning of services and working together
The “Local Offer” and consultation duties
New principles which underpin decision making

5. Improved legal rights
Extension of rights to provision to age of 25 (including right to appeal to tribunal on SEN)
New enforceable health duty
Provision of childrens services post 18
Focus on preparation for adulthood
New timescales for procedure following annual reviews
New duties on schools and other institutions to admit
Right to request that LA’s obtain advice during assessment

6. Opportunities Section 19 Principles
In carrying out all their functions LA’s must have regard to:
The views, wishes and feelings of the child, young person or parent
The importance of their full participation in decisions
The importance of their being provided with the necessary information and support to participate
The need to support the child or young person to achieve the best educational or other outcomes

7. Missed opportunities? No new enforceable social care duty
Separate appeal rights for Education, Health and Social Care elements of the plan have to be appealed separately
No appeal right in relation to outcomes section of EHC plan
Limitations on availability of direct payments
No access to system for disabled children without SEN

8. Barriers Speed of implementation
Implementing a new system in a time of austerity
Resources / funding
Access to legal advice and support
Complexity of law regarding social care aspects of EHC plan
Decision making for young persons – excluding families from decision making
Lack of available services
Significant misinformation and lack of knowledge

9. Myths! The school must publish a local offer;
A child is only eligible for an EHC plan is they need more than 20 hours of 1:1 support;
The school needs to ‘pre-populate” the EHC plan and send to the LA to issue;
An EHC needs assessment is not required before a statement is transferred to an EHC plan;
A personal budget is a cash payment provided to parents;
All parents will have a right to receive a direct payment;
It is more difficult to get an EHC plan than a Statement

10. Solutions
Access to specialist information, advice and support services
Closer monitoring by central government of implementation and sanctions
Improved access to legal aid and legal advice
Additional training for professionals
Genuine engagement with children, parents and young people
The Local Offer?