A DfE presentation pack for staff and governors in further education

1. A DfE presentation pack for staff and governors in further education The 0-25 Special Educational Needs and Disability Reforms

2. Overview of the slides • The SEND reforms require a whole college approach to students with special educational needs and disabilities. It is essential that the whole college community - governors, teaching and non-teaching staff, young people and parents - understand what the reforms mean for them. • This slide pack has been designed to help college leaders engage staff and governors so that they understand what is changing – and to choose which slides are most useful for different audiences. It is not formal department guidance. Colleges should feel free to adapt and tailor slides to suit their own needs.

3. The reform vision: joined up support across education, health and care, from 0 to 25 • Participationof children, their parents and young people in decision- making. • Early identification of children and young people’s needs and early intervention to support them. • Greater choice and control for young people and parents over support. • Collaborationbetween education, health and social care services to provide support. • High quality provision to meet the needs of children and young people with SEND. • Focus on inclusive practice and removing barriers to learning. • Successful preparation for adulthood, including independent living, community participation and employment.

4. The case for change Too many young people have their needs picked up too late. Employment rates are poor: 46% of people with disabilities are in employment compared to 76% non-disabled. And only 7% of those with learning difficulties are employed. Families feel they have to fight for the support and co-ordination between services that their children need. The system is service driven rather than person-centred . There are two separate systems: one for school and one for FE, with a ‘cliff edge’ for many at 16 and 19. Young people with SEN are more likely to be NEET (30% of young people with statements of SEN at 16 are NEET at 18, compared to 13% without SEN) Neither system focuses enough on life outcomes such as employment, community participation and independent living.

5. Children and Families Act 2014: key changes New 0-25 SEND Code of Practice – applicable to post-16 settings as well as schools Local authorities must publish Local Offer of services Joint commissioning between education, health and social car New Education Health and Care (EHC) plans replace statements and Learning Difficulty Assessments (LDAs) Personal budgets offered as part of EHC plans Young people aged 16-25 in FE can appeal to SEND tribunal Strong focus on preparing for adulthood, including employment

6. New legal duties for providers FE colleges, sixth form colleges, 16-19 Academies and approved independent specialist colleges will have new duties under the Act: To co-operate with the local authority (a reciprocal duty) • To admit a young person, where the college is named in their EHC plan • To have regard to the new 0-25 SEND Code of Practice • (mainstream providers only) to use their ‘best endeavours’ to secure the SEN provision the young person needs.

7. Reform in practice: The local offer • From September 2014, each local authority must publish a local offer, setting out provision for children and young people with SEN or disabilities. • The local offer must also include services to support children and young people to prepare for adulthood. Local authorities have a duty to involve post-16 providers in preparing the local offer and must include out-of-county provision where appropriate. • Regulations and the SEND Code of Practice outline who local authorities must consult in developing and reviewing their local offer - many authorities are working with their parent carer forums and other organisations, including young people, to ‘co-produce’ their local offer • Colleges need to continue to work closely with local authorities to develop and contribute to the local offer. • The local offer must provide information to all children and young people with SEN or disabilities - support that is available from the college’s own resources should be included.

8. Reform in practice: EHC assessment and plans • From 1 September post-16 providers can request an assessment of education, health and care needs. • EHC plans must be produced with young people, with the young person as the key decision maker. • Young people with EHC plans can ask for a college to be named in their plan – but the LA must consult the college about this and consider its suitability. • The college will contribute to the development of the plan, particularly supporting aspirations and preparing for adulthood. • EHC plans must be reviewed annually and, from age 13 (Yr9) must include preparing for adulthood • Colleges should work with local authorities and schools on the EHC assessment and planning process. • Colleges should inform young people about the EHC plan process, particularly their role in developing the plan. • Colleges need to consider how they will meet duties to use best endeavours to secure special educational provision and to take reasonable steps to ensure inclusion. In Greenwich, families are setting up password-protected websites personalised with music, short films and written reports to bring their EHC plans to life. Professionals regularly post video clips and other information to keep the plan up to date.

9. Reform in practice: Personal budgets • A personal budget is an amount of money identified to deliver parts of the provision set out in an EHC plan. Families can request a personal budget as part of the planning process (in drawing up Plan or at Annual Review). • Can include funding from education, health and social care – in education, funding for personal budgets will be for more specialist or individualised provision (funded through the high needs block) rather than services the college is expected to provide as part of their mainstream provision. • A local authority must secure a college’s agreement where any provision, bought by the parent/young person using a direct payment, will be provided on the college’s premises. • Colleges should personalise the support they provide and may wish to consider contributing their own funding to a Personal Budget (some colleges have made innovative arrangements with young people, giving them direct payments). • Colleges should also inform young people about their right to a personal budget and may need to support them in accessing the funds. • More information around personal budgets can be found on the SEND pathfinders website. In Hartlepool, personal budgets are being used to fund work placements. Claire hopes to work with animals in the future and is using her personal budget to fund a 10 week placement at a local charity with a small animal farm. The LA helped Claire and her mum negotiate terms and Claire is now using the personal budget to pay for support from a member of staff from the charity, at a cost of £15 per hour.

10. Reform in practice: Transition from learning difficulty assessments • Children and young people who have a statement or receive provision in further education as a result of a LDA will be transferred to the new system gradually: • young people in further education with an LDA will transfer to the new system by 1 September 2016; and • children and young people with a statement will transfer by 1 April 2018. • The legislation relating to statements and LDAs will remain in force during the transition period. • Local authorities will be expected to transfer children and young people to the new system in advance of key transition points in their education such as when they move from secondary school to college. Young people and parents should know when they will transfer to an EHCP. • There will be Independent Supporters on hand for families who need them, to help make the transfer as simple as possible. • Colleges will need to review admissions procedures during the transition period and agree referral arrangements with local authorities for young people that come direct to the college with a statement or LDA.

11. Reform in practice: SEN support Under the new Code of Practice, SEN support is being introduced into further education, sixth form and specialist colleges. This means that where a student has a learning difficulty or disability that calls for special educational provision, a mainstream college must use its best endeavours to put appropriate support in place. Young people should be supported to participate in discussions about their aspirations, their needs, and the support they think will help them best. Support should be aimed at promoting student independence and enabling the young person to make good progress towards employment and/or higher education, independent living, good health and participating in the community. • In practical terms, this meanscolleges will have: • worked with students with SEN and disabilities and their families to put in place arrangements (or structures) on how they will regularly engage and discuss progress • explored how they will monitor and track the progress and development of young people with SEN and disabilities and identify and deliver any training needed by staff; • and will be ready in September to: • support new and continuing students through SEN support, using person centred approaches, and working with families • record all those who need special educational provision in the Individualised Learner Record.

12. Reform in practice: Preparation for adulthood Support needs to start early and should centre around the child or young person’s own aspirations, interests and needs to enable children and young people to achieve their ambitions in relation to: • Higher education and/or employment - including exploring different employment options, such as support for becoming self-employed and help from supported employment agencies; • Independent living - enabling people to have choice and control over their lives and the support they receive and their accommodation and living arrangements, including supported living; • Participating in society - including having friends and supportive relationships, and participating in, and contributing to, the local community; and • Being as healthy as possible in adult life.

13. Reform in practice: High needs funding for Post-16 institutions • For funding purposes, a high needs student is defined as: • A young person aged 16-18 who requires additional support costing over £6,000; and • Any young person aged 19-25 subject to a Learning Difficulty Assessment (LDA) or, from September 2014, an Education, Health and Care plan (EHC plan) who requires additional support costing over £6,000. • Students with support costs of less than £6,000 will be funded through the disadvantage pot within an institution’s 16-19 funding allocation. • High needs funding for 16 to 25 year olds consists of both place funding (Elements 1 and 2) and top up funding (Element 3). In all instances, top up funding (Element 3) has to be agreed by the local authority with an institution, and a contract must be in place between the two parties. If the local authority does not agree to pay top up funding for a student, then they are not counted as high needs for funding purposes. Providers must not charge fees for those aged 19-25 with LDAs or EHC plans. • For high needs students over the age of 25, the Skills Funding Agency (SFA) assumes the responsibility for commissioning and contracting provision. However, EHC plans can be extended until the end of the Academic year in which a young person turns 25 (the local authority’s decision) in which case they remain within the remit of the EFA. • Further information can be found on the Education Funding Agency website and their Additional Information document (links at the end)

14. Reform in practice: other support for 19 to 25 year olds • Colleges are funded by the Skills Funding Agency for all students aged 19 and over who do not have an LDA or EHC plan, including those who declare a learning difficulty or disability. • Colleges are still required to use best endeavours to secure the necessary special educational provision for young adults without a plan. • Students who were funded by the Education Funding Agency and become the responsibility of the Skills Funding Agency for continuing learning aims will continue to receive Learning Support at the same level. • Exceptional Learning Support is available for adult learners with support needs that cost more than £19,000 - colleges seeking to claim support above £19,000 for students aged 19 to 24 without an EHC plan will have to confirm to the Skills Funding Agency why the learner does not have a plan • Apprentices aged 19 to 25 with EHC plans are fully funded on the same terms and funding rates as 16 to 18 year old apprentices.

15. What does success look like?

16. What should providers be doing?

17. What the reforms mean for Principals Principals should: • Take overall responsibility for implementing the SEND reforms. • Ensure the wider college community understands the implications of the reforms – and consider the support and training they may need. • Develop relationships with local authorities, schools, health and social care. • Put in place arrangements to ensure that young people and parents are regularly engaged in discussions about progress and that young people’s feedback is used to improve provision. • Explore the support in place for pupils with SEN and disabilities at key transition points – e.g. from school to college and college to adult life . • Fundamentally review the deployment of learning support staff and their contribution to maximising the progress of students with SEN and disabilities.

18. What the reforms mean for tutors Teachers and tutors are at the heart of the new SEND support system, with the support and guidance of specialist staff. Teachers/tutors should: • Focus on outcomes for the young person: be clear about the outcome wanted from any SEN support. • Be responsible for meeting special educational needs: use SEN and disability specialists and learning support assistants strategically to deliver high-quality, differentiated teaching, evaluate the quality of support and contribute to school improvement. • Have high aspirations for every student: set clear progress targets for students and be clear about how the full range of resources are going to help reach them. • Involve young people and parents in planning and reviewing progress: Seek their views and provide regular updates on progress.

19. What the reforms mean for governors • Governing bodies hold the overall responsibility for ensuring that the new legal duties in relation to SEND (slide 7) are met by the college. • Governors must have regard to the SEND Code of Practice, should oversee the implementation of the reforms and provide strategic support to the college Principal and senior leadership team. Questions that governors may want to ask: • Are young people with SEND being offered the best opportunities to progress into adulthood with paid employment, independent living, good health and community inclusion – for example, does the college offer supported internships, apprenticeships, traineeships etc.? • Are young people with SEND being offered personalised study programmes, and access to mainstream courses? • Is the progress of young people with SEND adequately tracked and is there data to support this (including benchmarking)? • In future years – will the college’s data recording be sufficiently robust to evidence that outcomes have improved for young people with SEND – e.g. destination measures published in 2018 will pertain to students leaving in summer 2015, a year after the reforms have kicked in.

20. Further Information • The SEN gateway provides access to all information, training materials and advice funded by DfE and produced by voluntary and community organisations to develop at www.nasen.org.uk • Visit the pathfinder website at www.SENDpathfinder.co.uk for case studies, video clips, evaluation reports and information about delivery partners who are supporting the reforms. • Access the Preparing for Adulthood support materials: www.preparingforadulthood.org.uk • The April FE implementation pack: https://www.gov.uk/government/publications/implementing-the-0-to-25-special-needs-system-further-education • Quick Guide to the Code for FE: https://www.gov.uk/government/publications/send-guide-for-further-education-providers

21. Further Information (cont.) • AoC – case studies and materials from recent events on the reforms:https://www.aoc.co.uk/teaching-and-learning/sen/projects • ETF excellence gateway SEN platform (good practice examples) - http://send.excellencegateway.org.uk/ • ACETT FE Networks - https://www.acett.org.uk • Supported Internships: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/316676/Supported_internships.pdf • EFA HNS webpage- https://www.gov.uk/16-to-19-education-high-needs-funding • 16 – 25 High Needs Funding: Additional Information - https://www.gov.uk/government/publications/16-to-25-high-needs-funding-additional-information