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The SEND reforms introduce the SEN Code of Practice and aim to improve outcomes for children and young people with special educational needs and disabilities. This briefing provides an overview of the key principles and changes in the SEND reforms.
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Briefing on SEND reforms Tuesday September 23rd 2014
The Children and Families Act 2014 • The SEND Reforms are a fundamental change for all stakeholders involved with 0 to 25 year olds with special educational needs • Aims to improve outcomes for children and young people with SEN and disabled children with the introduction of the SEN Code of Practice https://www.gov.uk/government/publications/send-code-of-practice-0-to-25
SEN Code of Practice June 2014 • Principles • Impartial information advice and support • Working together across education health and care • The Local Offer • Early Years • Schools • Further Education • Preparing for Adulthood • Assessment – Education Health Care Plans • CYP in specific circumstances • Resolving disputes
Key Principles (Chapter 1) Section 19 LA must have regard to • the views, wishes and feelings of the child or young person, and the child’s parents Code of Practice 1.1
Principles cont • the importance of the child or young person, and the child’s parents, participating as fully as possible in decisions; and being provided with the information and support necessary to enable participation in those decisions
Principles cont • the need to support the child or young person, and the child’s parents, in order to facilitate the development of the child or young person and to help them achieve the best possible educational and other outcomes, preparing them effectively for adulthood
What age range is covered by the SEND Draft Code of Practice? Question 1 0-25
Question 2 True or False? When the Code of Practice requires a body to comply it describes the duty as must. When bodies have an option to comply they describe it as should?
Question 2 True or False? When the Code of Practice requires a body to comply it describes the duty as must. When bodies have an option to comply they describe it as should? False
Definitions of must & should • Must have regard to.. • Must fulfil statutory duties • ‘Should 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.;
The definitions for Special Educational Needs and Disability remain the same. Question 3 True of False?
The definitions for Special Educational Needs and Disability remain the same. Question 3 True of False? True
Definition of SEN • A child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision to be made for them. • A child of compulsory school age or a young person has a learning difficulty or disability if they: (a) have a significantly greater difficulty in learning than the majority of others of the same age; or (b) have a disability which prevents or hinders them from making use of educational facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.
Definition of disability • A person has a disability for the purposes of this Act if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. (Section 6), Equality Act 2010
The Equality Act 2010 is no longer statutory Question 4 True or False
The Equality Act 2010 is no longer statutory False The Equality Act 2010 and Part 3 of the Children and Families Act 2014 interact in a number of important ways. They share a common focus on removing barriers to learning. 1:33 Question 4 True or False
The Equality Act 2010 Public bodies including further education institutions: • must not directly or indirectly discriminate against, harass or victimise disabled children and young people • must make reasonable adjustments, including provision of auxiliary aids & services, to ensure that disabled CYP are not at a substantial disadvantage compared with peers. This duty is anticipatory • must have regard to the need to eliminate discrimination, promote equality of opportunity and foster good relations between disabled and non-disabled children and young people.
The Equality Act 2010 cont Public bodies must publish • information to demonstrate their compliance and how they will achieve the core aims of the duty • accessibility plans • arrangements for the admission of disabled children,
Question 5True or False? Children who have less serious problems but still need support will lose out under the new system
Children who have less serious problems but still need support will lose out under the new system • False There is no change to the definition of SEN, so we would not expect that those children with less serious problems will lose out on support or resources. The reforms to the SEN system are about making sure that every pupil with a barrier to learning has this swiftly and effectively identified and the right support, including external support, put in place DfE Running a school: Myths and facts
Parent Partnership Services (Chapter 2) PPS: renamed York SENDIASS (SEND Information Advice and Support Service) supports • Parent of child with SEN 0-25 • Parent of child with disability 0-25 • Young Person with SEN • Young Person with disability Confidential, free, impartial, arms-length SEND information advice and support to YP over 16 including advocacy and support to appeals decisions
Early Identification of SEND (Chapter 5) Where a health body thinks a child under school age has SEND they must inform parents and bring the child to the attention of the LA Support can include: Health visitors, educational psychologists, speech and language therapists, specialist teachers Training for parents Home-based programmes eg Portage Early Support and key-working approaches
Case study – Molly Introducing Molly Molly was born prematurely with complex needs and spent time in the special care unit. Who might be involved in supporting Molly and her family?
Case study – Molly Introducing Molly Molly was born with complex needs and spent time in the special care unit. She had extended support from her Health Visitor and involvement of a Paediatrician at the CDC who referred her for physio and SALT. She was subsequently offered an Early Support keyworker. Molly has an older brother, Sam
2-minute Table Discussion What is the role of a Keyworker?
Key working approaches • Facilitating multiagency meetings • Being a single point of regular & consistent contact • Coordinating practitioners & services around the child, young person & family • Providing emotional and practical support as part of a trusting relationship • Enabling and empowering for decision making and the use of personal budgets • Providing information and signposting • Advocating on child’s, young person and/or family’s behalf • Facilitating clinical care seamlessly integrated with specialist and universal services • Identifying strengths and needs of • family members • Supporting and facilitating a single planning and joint assessment • process
Discussion What will the keyworker do for Molly and her family?
What will the keyworker do for Molly and her family? • Referral to the Specialist EY SEN Team • Advice on DLA, Benefits • Signposting to parent groups • Sharing of the Local Offer
Local Offer (Chapter 4) What is the local offer? The Local Offer must include information about: • Special educational, health and social care provision for children and young people with SEN or disabilities • Details of how parents and young people can request an assessment for an EHC Plan • Post-16 education and training provision • Arrangements for travel • Childcare • Leisure activities • Arrangements for resolving dispute disagreements and for mediation • Accessibility strategy
Parents co-wrote the offer They wanted it to be They wanted it to help people
What’s happening with Molly now? • Molly is receiving Portage weekly visits • Physio/OT assessment and programme • SALT support due to language delay • Attending CDC language group? • Going to pre-school 3 x per week • EY SEN Teacher advising staff at pre-school
How will this help Molly? • Molly starts to attend a local nursery. The setting introduces a My Support Plan (MSP) to coordinate support • Regular meetings held to discuss progress, relevant professionals invited • Review are family-centred • However, there are still concerns about her learning and mobility ...
Table discussion How would you be involved in this process? How do we ensure we share information? How do we avoid parents re-telling their stories to many different professionals? Add to your ‘Learning from today’ sheet
Contributing to the MSP Examples of My Support Plan/ EHCP Section 5.1 – professionals contribution Section 4 – Health and Social Care needs
How are things for Molly? • Molly has improved physical mobility & enjoys playing with friends • Mum has support through a parent group • Mum receives FIS newsletters plus • The family have fun with a Max card • Molly has Inclusion funding for targeted support in pre-school. Working well
Case study - Sam Introducing Sam Sam is aged 10 yrs. He experiences needs associated with social communication skills, rigid thinking and difficulties with peers. His behaviour can be challenging. He receives support from an ELSA in school who refers Sam to the PMHW. He has an MSP which details how school are using their SEN delegated funding.
Areas of need 1. Communication and interaction 2. Cognition and learning 3. Social emotional and mental health 4. Sensory and/or physical (NB 6.21 Persistent disruptive or withdrawn behaviours do not necessarily mean that a child or young person has SEN. Where there are concerns, there should be an assessment to determine whether there are any causal factors such as undiagnosed learning difficulties, difficulties with communication or mental health issues)
What will replace School/Early Years Action, Action Plus and Statements, from September 2014? Question 6 SEN Support Education Health Care Plans
How do settings know what is good practice? SEN Thresholds provide detailed examples of good practice – Autism, HI, VI, PMD, SLCN, SEMH, Learning To be used by parents / carers, practitioners, LA SEN officers and all who support CYP with SEND • as a prompt when considering strategies and interventions to support through all the levels • to provide clarity about decisions made around the allocation of resources and the eligibility threshold for an Education, Health and Care Plan.
Who do I liaise with?The SENCO • Liaises with agencies • Provides strategic direction & development • Supports teaching and learning • Provides line management – effective use of additional support • Takes financial responsibility for resources • Coordinates whole school professional development Time and Capacity
What’s happening to Sam? • Sam witnesses severe domestic violence and has mental health needs. Family referred to Social Care and IDAS • Sam’s transfer to secondary school is problematic. He finds the social and organisational demands over-whelming. Behaviour becomes an significant issue • The PMHW refers Sam to the Autism Forum and he receives a diagnosis
How do assessments link up?Question 7 How does a Family Early Help Assessment (FEHA) link to a My Support Plan or Education, Health and Care Plan?
How does a FEHA link to a My Support Plan or Education, Health and Care Plan? Tell it once approach: MSP or EHCP become a ‘chapter’ in a FEHA • Need to inform Children’s Advice and Assessment team of MSP. NB need parent permission. Childrensadvice@york.gov.uk Or call the front door on 551900 and ask for the children's advice team