Yorkshire Humber SEND Reform Workshop Transfers from Statements and LDAs to EHCPs Autumn 2014

1. Yorkshire HumberSEND Reform WorkshopTransfers fromStatements and LDAs to EHCPsAutumn 2014 André Imich, SEN and Disability Professional Adviser, DfE

2. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/348591/Transition_to_the_new_0_to_25_special_educational_needs_and_disability_system_statutory_guidance_for_local_authorities.pdfhttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/348591/Transition_to_the_new_0_to_25_special_educational_needs_and_disability_system_statutory_guidance_for_local_authorities.pdf

3. Timings LAs should aim to make the new arrangements for all CYP as quickly as they can. • All statements to be converted by 1 April 2018. • All YP who receive support as a result of an LDA who are continuing in FE or training beyond 1 Sept 2016 who need an EHCP should have one by 1 Sept 2016. • Transition plan should be published in Sept 2014. • Progress report to be published annually.

4. Phasing of transfer Requirementsbetween Sept 2014 and Sept 2015: • YP who receive support as a result of a LDA who request an EHC needs assessment; • YP people moving into FE or training from school in Sept 2015 (by 31 May 2015; by 31 March subsequently) Other, non-statutory, priorities: • Those facing key transition points – such as entry to primary school, primary to secondary school, and secondary school to FE- and at year 9 • Those issued with EHCPs prior to Sept 2014 who do not have statements

5. Published transition plan should include: • which groups were consulted; • nos of statements and nos of LDAs planned for transfer in each year of the transition period; • the order in which CYP will be transferred; • how and when parents and YP, and their educational institution, will be made aware of the arrangements; • details of the transfer review process; • sources of independent SEN information and advice; • who parents and YP can contact with queries.

6. Process - The transfer review • LAs must undertake an EHC needs assessment • LAs must not seek any advice required for an EHC needs assessment if such advice has previously been provided for any purpose and the person providing that advice, the LA and the child’s parents or the YP are satisfied that it is sufficient. • Maximum of 14 weeks to ensure a robust EHC plan. Many transfers will be much quicker.

7. Eligibility – Statements to EHCPs • The legal test of when a child or young person requires an EHC plan remains the same as that for a statement under EA 1996. • Expected that all children and YP who have a statement and who would have continued to have one under the current system, will be transferred to an EHC plan. • No child or young person should lose their statement and not have it replaced with an EHC plan simply because the SEN system is changing.

8. Eligibility – LDAs to EHCPs • LAs have undertaken LDAs for young people either because they had a statement at school or because, in the opinion of the LA, they are likely to need additional support as part of their FE or training and would benefit from a LDA to identify their learning needs and the provision required to meet those needs. • The expectation is that young people who are currently receiving support as a result of a LDA and remain in further education or training during the transition period, who request and need an EHC plan, will be issued with one.

9. Some FAQs

10. Q - How does the LA ensure that it has the right balance of professional reports to support conversion into plans at a time central services have no growth in capacity? • Assuming the assessment information in the statement is accurate and the LA, relevant professional and parent/young person agrees, then that information should not be sought again. • Ensure that sufficient resource is in place and LA has provided additional funding to support implementation of the reforms’

11. Q – We’re piloting conversions of Statements into EHCPs - to what extent should we hold an additional meeting over and above the general Annual Review meeting to agree the content of plans? • LAs must follow the regs for an EHC needs assessment. It is for the LA to decide what is necessary to fulfil those requirements but one meeting must be held. • Likely to vary depending on the individual children and families involved. • Essential to ensure high quality training and support for all those involved in the EHCP process

12. Q - How do Prospects/Connexions/Careers Guidance companies fit into the new conversion process?  What is their role? • It would be up to LAs to decide on their role. • They should involve them in the same way that they would involve them in an EHC needs assessment or an annual review. • Some LAs have employed these staff as part of their assessment teams, primarily to lead on LDA conversions.

13. Q - What is the role of colleges in the S139a conversion process? LAs should involve them as they would for an EHC needs assessment for a new entrant as set out in the Code, e.g.: • contribute information to LAs to inform consideration of whether an EHC plan might be needed for a young person; • contribute to the development of a plan where one is needed (responding to request for information within 6 weeks); • Contribute to conversion plan • respond within 15 days to LAs consulting them about being named in a draft plan.

14. Q - If a child has a current statement but no social care involvement, what is the social care duty and how should this be written into the EHC plan in section H1? • There would be no specific social care duty re the child’s SEN. • There would be the universal social care duty as for all children • Section H1 would say something like “no social care provision required”.

15. Q - What happens if parents of children who are not deemed to be a high priority insist on being prioritised to conversion from statements over and above priorities we have identified? • LAs can set their own priorities in consultation with parents and professionals within the national parameters set out in the transitional order. • The statement system will continue until April 2018. Child with a statement remains in that system until they reach a required transition point or until the LA decides to transfer them to EHCP. • Parents of children with statements do not have a right to request a EHC needs assessment under C&F Act. • Parents of children with statements who request a reassessment should be reassessed for a statement unless LA decides to conduct an EHC needs assessment.

16. Q - What happens if parents have an appeal underway - can an EHC assessment be started? • LAs can’t start an EHC assessment if a parent has made an appeal to the Tribunal. The Transitional arrangements give the Tribunal the option, if the local authority and parents agree, of ordering an EHC assessment.

17. Q -Can a parent make an appeal in relation to an SEN statement when an LA has commenced an EHC assessment? • No. Once an LA has given notice that it is carrying out an EHC needs assessment the parents cannot make an appeal in relation to a statement of SEN.

18. Q – What is the position on the transfer from SEN Statements to EHC Plans for support needs under £6k? • The statutory definition of SEN has not changed • £6k is not a statutory ‘cut-off’ for access to EHCPs • EHCPs do not necessarily have to lead to additional provision being made – many LAs have issued statements needs that fluctuate. • There cannot be a blanket policy regarding eligibility. • LAs need to work with schools and parents to determine how they best want to transfer children with SSEN to EHCPs where the LA’s funding system has changed. • It is recommended that a transparent and phased approach is worked out with parents and schools.

19. Q - Would this be stating the universal ‘offer’? Guidance regarding the level of funding detail to be written into the EHC plan. The exemplar plans from Portsmouth in the new format are very prescribed. • ??

20. ………… Questions ………… Comments ………… Points of clarity ………… Discussion