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Chapter 9 Resolving disputes

The Trafford EHC Process and the Draft Special Educational Needs (SEN) Code of Practice: for 0-25 years Sally Smith – Inclusion Adviser SEN Advisory Service (SENAS) Andrea Barnes-SEN Assessment Team. Chapter 1 Introduction. Chapter 9 Resolving disputes. Chapter 2 Summary. Chapter 8

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Chapter 9 Resolving disputes

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  1. The Trafford EHC Process and the Draft Special Educational Needs (SEN) Code of Practice: for 0-25 years Sally Smith – Inclusion Adviser SEN Advisory Service (SENAS) Andrea Barnes-SEN Assessment Team

  2. Chapter 1 • Introduction Chapter 9 Resolving disputes Chapter 2 Summary Chapter 8 Children and young people in specific circumstances Chapter 3 A family centred System Draft SEN Code of Practice: for 0 to 25 years Chapter 7 Assessment and Education, Health and Care Plans Chapter 4 Education Health and social care-working together for positive outcomes Chapter 5 The Local Offer Chapter 6 Early Years, schools, colleges and other education and training providers

  3. Introduction • Implementation 1st September 2014 • Replaces SEN Code of Practice (2001) • Inclusive Schooling (2001) • Section 139A Learning Difficulty Assessments Statutory Guidance (2013) • Definition of SEN remains the same

  4. Main changes form SEN Code of Practice 2001 • The Code of Practice (2014) covers the 0-25 age range; • There is a clearer focus on the views of children and young people and on their role in decision-making; • It includes guidance on the joint planning and commissioning of services to ensure close co-operation between education, health services and social care;

  5. Main changes form SEN Code of Practice 2001 • For children and young people with more complex needs a co-ordinated assessment process and the new 0-25 Education, Health and Care Plan (EHC plan) replace statements and Learning Difficulty Assessments (LDAs); • There is new guidance on the support pupils and students should receive in education and training settings; • There is a greater focus on support that enables those with SEN to succeed in their education and make a successful transition to adulthood.

  6. Principles underpinning the code • Local authorities, in carrying out their functions under the Bill, must have regard to: • the views, wishes and feelings of the child or young person, and their parents; • the importance of the child or young person, and their parents, participating as fully as possible in decisions; and being provided with the information and support necessary to enable participation in those decisions; • the need to support the child or young person, and their 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.

  7. These principles are designed to support: • The involvement of children, parents and young people in decision making • The identification of children and young people’s needs; • Collaboration between education, health and social care services to provide support; • High quality provision to meet the needs of children and young people with SEN; • Greater choice and control for young people and parents over their support; • Successful preparation for adulthood, including independent living and employment.

  8. Chapter 6: Early Years, schools colleges & other education and training providers High expectations for children and young people (CYP) with SEN • All children are entitled to an education that enables them to: • Achieve their best; • become confident individuals living fulfilling lives; and • make a successful transition into adulthood, whether into employment, further or higher education and training

  9. Chapter 6 • Majority will have needs met through mainstream education providers and not need and EHC plan. • Mainstream providers have general duties through part 3 of the Children and Families Bill • Chapter 6 provides information about how mainstream providers and specialists can ensure that they improve attainment for children and secure good outcomes whether or not they have an EHC plan

  10. Chapter 6 • ‘Graduated Response’ remains plus; • 4 types of action assess, plan, do, review • Cycle of revisit, refine and revise with a growing understanding of the pupils’ needs and what supports the pupil in making good progress and securing good outcomes -Involving specialists

  11. Chapter 6 4 areas of SEN-broad headings • Communication and interaction • Cognition and Learning • Social, mental and emotional health-change from BESD • Sensory and/or physical

  12. Chapter 6 • Funding for SEN support-Provide appropriate high quality SEN support using all available resources including notional SEN budget • Leadership should consider their strategic approach to meeting SEN in context of total resource available including targeted groups e.g. Pupil premium • LA provides top up funding where cost of SEN provision exceeds nationally prescribed threshold

  13. Overview: Reform of high needs funding Pre-16 SEN and AP Post-16 SEN and LDD Mainstream settings Specialist settings All settings Mainstream per-student funding (as calculated by the national 16-19 funding system) Element 1: Core education funding Mainstream per-pupil funding (AWPU) Base funding of £10,000 for SEN and £8,000 for AP placements, which is roughly equivalent to the level up to which a mainstream provider would have contributed to the additional support provision of a high needs pupil. Base funding is provided on the basis of planned places. Element 2: Additional support funding Contribution of £6,000 to additional support required by a pupil with high needs, from the notional SEN budget Contribution of £6,000 to additional support required by a student with high needs Element 3: Top-up funding “Top-up” funding from the commissioner to meet the needs of each pupil or student placed in the institution This diagram appeared as Figure 1 (p.43) of School funding reform: Next steps towards a fairer system.

  14. Chapter 7 Statutory assessment should not be the first step rather it should follow on from planning already undertaken with parents and CYP in conjunction with an early years provider, school, post-16 institution or other provider

  15. Chapter 7 Assessment and EHC plans • LA must conduct an assessment of e,h,c needs and prepare an EHC plan when it considers that it may be necessary for Special Educational provision to be made for a child or young person through an EHC plan. • This is likely to be where the special educational provision required to meet the CYP needs cannot reasonably be provided from within the resources normally available to mainstream EY providers, schools and post 16 institutions.

  16. The broad questions asked are:- Has the setting taken all reasonable steps using the resources available to them to identify, assess and meet the special educational needs of the child/young person? Has the setting coordinated advice and support from the appropriate professionals with the expertise and knowledge relative to the needs of the child/young person?

  17. Is there evidence that the special educational needs of the young person are significant relative to others of the same age (considering academic attainment/progress/physical, emotional and social development and health needs)?Where a YP is aged over 18, would remaining in education or training help them to progress, building on what they have learned before and helping them to make a successful transition to adult life?

  18. Chapter 7 Requesting an assessment • Specific requests for an assessment from parents • Young people over 16yrs • A person acting on behalf of a school or post-16 setting • Others can bring a c/yp to the attention of LA with agreement of parent or yp where possible

  19. Chapter 7 Assessment and EHC plans • EHC must be focused on the OUTCOMES the child or YP seeks to achieve across education, health and care. • EHC plans must set out how services will work together to meet the c or yp’s needs and in support of those outcomes

  20. Chapter 7 • Timescales-20 weeks in total (was 26) • Reviewing plans-regularly in whole or in part at least annually-must involve CYP/parent and focus on progress toward outcomes • See process diagram

  21. Next Steps • Further eCAF training for SENCOs in the North-January Seymour Park • Also convert statements to EHC where have CHC needs • Roll out for new referrals for EHC option for South February 2014, West April 2014 • eCAF training as required in localities • Further engagement with EY settings, Colleges, Connexions, Manchester Pathfinder and Preparing for Adulthood for 14yrs +

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