1. The Children and Families Act 2014
The essential legal duties
Council for Disabled Children, May 2014

2. The Children and Families Act 2014
Part 3: Children and Young People In England with Special Educational Needs and Disabilities 64 sections, 43 pages Replaces Part IV of the Education Act 1996

3. Definitions and scope

4. Definitions and scope
Definition of SEN is no different to the current definition Disabled children and young people are those who are disabled under the Equality Act 2010 There is a difference between ‘children’ and ‘young people’

5. Institutions with new duties
Academies and free schools
Colleges
Clinical commissioning groups and NHS England
Youth secure estate and youth offending teams

6. Principles - section 19
Children, young people and parents at the centre of decision making Supporting children, young people and parents to participate A focus on achieving the best possible outcomes

7. Identification - section 22
Duty on local authorities to identify:
all the disabled children and young people in their area and
all the children and young people in their area who have or may have special educational needs

8. Working across agencies and institutions

9. Joint working across agencies
Education, training and social care provision to be kept under review (s27) Promoting integration and joint commissioning arrangements (s25, s26) Cooperation across services and institutions (s28)

10. Local offer – section 30
Information on education, health and care a local authority expects to be available Children, young people and parents/carers must be involved Review and revise commissioning in light of comments received on the local offer

11. Information and advice - section 32
Duty on local authorities to provide information, advice and support
Should be jointly commissioned and cover education, health and social care
Services extended to disabled children and young people and those with SEN

12. Education Health and Care plans

13. EHC plans - key features
To be drawn up within 20 weeks Person centred with a focus on outcomes Include education, health and social care Extend beyond school, potentially up to 25 Personal budgets included

14. EHC assessments - section 36
Local authorities to consider an EHC assessment when:
A request is made
A child or young person is brought to their attention

15. EHC assessments - section 36
Legal threshold for EHC assessments is broadly the same as for a statement The child’s parent or the young person must be consulted in advance This decision must be made within six weeks

16. EHC assessments - section 36
An assessment of education, health care and social care needs Person-centred and outcome focussed Using assessment evidence from a range of professionals

17. Content of EHC plans
Duty to secure the education and health provision specified in an EHC plan (s42) Stronger duties in relation to social care (s37) Must include particular sections (see draft Code) but no national template

18. Naming an education institution
Very similar process to a statement, with same presumption for mainstream (s33) Right extended to include colleges An institution named in a plan must admit that child or young person (s43)

19. Personal budgets – section 49
An amount identified as available to secure particular provision in the plan A view to involving parents or young people Can be taken as a direct payment in certain circumstances

20. Ceasing an EHC plan – section 45
EHC plans do not end when a young person leaves school EHC plans can be maintained for a young people aged Have regard to whether the educational and training outcomes are achieved

21. Appeals – section 51
The First-Tier (SEND) Tribunal’s role continues, and extends to colleges Separate routes of complaint for health and social care Government commitment to review how redress could be brought together

22. Other developments in the Children and Families Act

23. Children and young people in custody Part 3, sections Commencement April 2015 Pupils with medical needs in school Part 5, section 100, statutory guidance Commencement September 2014

24. Next steps

25. Must be laid before Parliament for approval
Regulations
Must be laid before Parliament for approval
Includes regulations on:
Assessments and plans
Local offer
Personal budgets
Mental capacity

26. Code of Practice
Currently out for consultation Must be laid before Parliament for approval Gives statutory guidance on how to interpret the legislation

27. Thank You