1. C&F Act 2014 & SEND Code of Practice Chris Rees - 20 th October 2014 Haringey

2. The Information, Advice and Support Service Network The Information, Advice and Support Service Network (formerly the National Parent Partnership Network - NPPN) was established in 1995 under the auspices of the Council for Disabled Children (CDC) to support, develop and promote the work of parent partnership services (PPS) – now IAS Services. The IASS Network is funded by the Department for Education (DfE).

3. SEND Reform: Timeline March 2011 Support & Aspiration - Green Paper Sep 2011 20 Pathfinders selected May 2012 Support & Aspiration - Progress and Next Steps Nov 2012 Pathfinder extension announced Feb 2013 Children & Families Bill enters Parliament April 2013 School funding changes introduced Oct 2013 Draft SEN Code of Practice consultation Mar 2014 Children & Families Act gains Royal Assent Sep 2014 Implementation of Children and Families Act

4. 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 The Children and Families Act 2014

5. Who does the C&F Act cover? Children with SEN, and their parents/carers Young people with SEN who are aged over 16 and under 25 Definition of SEN remains the same Disabled children and young people in relation to certain sections of the Act C&F Act - New Duties

6. Definition of SEN is no different to the old definition Disabled children and young people are those who are disabled under the Equality Act 2010 C&F Act - Key Definitions

7. C&F Act: Section 19 - Local Authorities MUST have regard to: Views, wishes and feelings of the child and his or her parent, or the young person Importance of the child and parent, or the young person, participating as fully as possible in decisions Importance of the child and parent, or the young person, being provided with the information and support to enable participation in decisions; Need to support the child and parent, or the young person, to achieve the best possible outcomes. C&F Act - Key Principles

8. Released in June, approved by Parliament on 28 th July Provides statutory guidance on duties, policies and procedures relating to: part 3 of the Children and Families Act 2014 and associated regulations Special Educational Needs and Disability Regulations 2014 Equality Act 2010 11 chapters, 281 pages Replaces 2001 SEN Code of Practice SEND Code of Practice

9. MUST ‘Where the text uses the word ‘must’ it refers to a statutory requirement under Primary legislation, regulations or case law.’ SHOULD ’Where the text uses the word ‘should’ it means that the guidance contained in this code must be considered and that those who must have regard to it will be expected to explain any departure from it’ SEND Code of Practice

10. What are Key Reform Issues & How are they addressed through C&F Act and SEND Code

11. 1 – Local Offer C&F Act Section 30 & Ch 4 SEND Code

12. Local authorities must set out information on the education, health and care services a local authority expects to be available for CYP with SEND. Local Authorities must involve CYP & parents in preparing and reviewing the Local Offer Include what education institutions are expected to provide from their delegated budget The Local Offer

13. Must include support available to children and young people with no Education, Health and Care plan Local authorities and partners must cooperate in development and review Duty to review and revise the services commissioned in light of comments received Must cover support within and outside local area Detail of content set out in Local Offer Regulations The Local Offer (cont)

14. 2 – Joint Working C&F Act Section 25-28 & Ch 3 SEND Code

15. Education, training and social care provision to be kept under review Promoting integration and joint commissioning arrangements Cooperation across services and institutions Code clarifies local accountability Emphasis on strategic partnership with CYP and Parents also Joint Working

16. 3 – Information, advice and Support C&F Act Section 32 & Ch 2 SEND Code

17. Information, Advice and Support Duty on local authorities to provide information, advice and support Should be jointly commissioned and cover education, health and social care & SEND Services extended to disabled children and young people and those with SEN

18. 4 - Education Health and Care Plans (incl Personal Budgets) C&F Act Section 33, 36-50 & Ch 9 SEND Code

19. Distinction between children and young people: Young person over compulsory school age but under 25 (s83(2)) Legal entitlements transfer from parent to young person on last day of June in which a young person turns 16 (e.g. right to appeal) Subject to Mental Capacity Act 2005 Legal entitlements in relation to EHC plans

20. A local authority must determine whether to carry out an EHC assessment when: 1) A request is made by a child’s parent, a young person or a representative of a school or post-16 institution 2) A child or young person who has, or may have, SEN is brought to their attention Decision made within 6 weeks of request EHC Assessments - Consideration

21. Legal threshold for EHC assessments is broadly the same as for a statement An EHC assessment is an assessment of education, health care and social care needs Local authorities must gather evidence from CYP, parents and range of professionals across EHC Built on aspirations and outcomes If local authority decide plan is not necessary – communicated max 16 weeks after original request EHC Assessments

22. 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 budget can be requested Must include particular sections – A-K (see SEND Code) but no national template CYP & Parents – 15 days to comment on draft Plans reviewed at least once a year EHC Plans - Key Features

23. The aspirations that children, young people and their parents want must be included in EHC plans Outcomes must be included in EHC plans – should link to aspirations. Outcomes should be SMART Outcomes will usually set out what needs to be achieved at end of phase/stage of education EHC Plans - Based on Outcomes

24. Very similar process to a statement – parents or YP can request particular institution An institution named in a plan must admit that child or young person Right extended to include colleges Naming an Education Institution

25. Must be requested by parent or YP An amount identified as available to secure particular provision in the plan Can take the form of: direct payment – funds to parents or YP arrangement – LA/school holds and commissions 3 rd Party – funds paid to individual/organisation on behalf of parent/YP Combination of above DP – for school provision consent of Head needed Personal Budgets

26. EHC plans do not end when a young person leaves school – they must be maintained until 18 unless special education provision is no longer required EHC plans can be maintained for young people aged 19-25 Local authorities must have regard to whether the educational and training outcomes have been achieved Ceasing an EHC Plan

27. When LA makes decisions about EHC assessment or plan – must inform parents/YP of right to access mediation Mediation arranged by LA, but must be independent (not employee of any LA) Appeals to SEND Tribunal can be made in relation to a number of decisions: not to conduct EHC needs assessment, not issuing an EHC plan, description of CYPs SEN in a EHC Plan, SEN provision in EHC Plan, named institution, not to amend EHC Plan, to cease to maintain a EHC Plan EHC Plans – Mediation & Appeals

28. 5 - Children without EHC Plans C&F Act Sections 34-35 & Ch 5- 7 SEND Code

29. Replaces School/Early Years Action and School/Early Years Action Plus Schools, early years settings and colleges must: have regard to the SEND Code of Practice comply with Equality Act 2010 Schools and colleges must: use ‘best endeavours’ co-operate with the LA admit a child/young person if named in an EHC plan Schools, Early Years Settings &colleges

30. Direct, indirect discrimination, discrimination arising from a disability, harassment, victimisation Failure to make reasonable adjustments: -to procedures, criteria and practices -by the provision of auxiliary aids and services -by making physical alterations (not schools) Accessibility plans (schools), to increase access to: -the curriculum -the physical environment -information, for pupils Public Sector Equality Duty Equality Act 2010

31. Chapter 5 SEND Code Focus on early action Graduated approach: assess – plan – do - review Include planning and preparing for transition Practitioners must maintain records, to be made available to parents Views of child should be taken into account Records must include how setting supports children with SEND When child makes ‘less than expected progress’, should consider involving (external) specialists Early Years

32. Chapter 6 SEND Code When SEN identified – must work with parents on support Graduated approach: assess – plan – do - review Include planning and preparing for transition Practitioners must provide an annual report for parents When child makes ‘less than expected progress’, should consider involving (external) specialists Views of pupil should be included in discussions Record of outcomes, action and support agreed should be kept and shared with staff and parents Schools

33. Chapter 7 SEND Code Colleges should be involved in transition planning with school YP involved in discussions on support Support aimed at promoting independence and enabling progress to employment and/or higher education Cyclical approach to assessing need, planning, providing, reviewing and evaluating Colleges should have access to external specialist services and expertise Record of provision and outcomes should be kept and shared with student and, where appropriate, family Colleges

34. Schools must: have a SENCO inform parents if making special educational provision for a child/inform the young person include children with SEN in school activities with other children publish information on how they meet the needs of children with SEN, the SEN Information report Schools, Early Years Settings & Colleges

35. 6 - Other Developments

36. Children and young people in custody Part 3, sections 70-75 Commencement April 2015 Pupils with medical needs in school Part 5, section 100, statutory guidance Commencement September 2014

37. All new assessments will be EHC assessments and initial local offer should be published Transfer of statements and LDAs to EHC plans begins (2 years for LDA’s – September 2016, and until April 2018 for statements) New SEND Code of Practice came into force and move to ‘SEN Support’ From 1 st September 2014

38. Website - www.iassnetwork.org.ukwww.iassnetwork.org.uk www.councilfordisabledchildren.org.uk Email – iassn@ncb.org.ukiassn@ncb.org.uk Phone – 0207 843 1900 Information Advice and Support Services Network