Recent and forthcoming changes for schools in funding and Special Educational Needs

1. Recent and forthcoming changes for schools in funding and Special Educational Needs David Carroll SEN Inclusion Lead & Principal Educational Psychologist

2. Programme • National changes in school funding since April 2013 • Over view of the changes to SEN framework & the SEN Code of Practice • Implications for schools of the forthcoming changes • What can schools do to prepare?

3. The education funding system pre-April 2013 Post-16 funding Post-16 national funding formula Post-16 high-level additional learner support Post-16 LLDD placement budget SEN 16-18 Block Grant Pre-16 funding Academy funding Place-led funding Paid through fees Formula funding DfE Post-16 funding – paid to YPLA DSG – paid to LAs YPLA Complex Academy funding arrangements Inter-authority recoupment LA 2 LA 1 Three different funding systems post-16 PRUs do not have delegated budgets PRU INMSS Special school Special Academy Mainst. school Mainstr. Academy FE college ISP • Different types of providers are funded in entirely different ways. This means that local authorities face different levels of additional costs when placing a pupil or student. • Post-16 provision is funded differently according to whether a young person remains in a school or enters FE at 16. There are also three different high needs funding systems post-16 (the 16-18 SEN Block Grant, high-level ALS, and the LLDD placement budget), each with their own rules and regulations. • Current arrangements for funding high needs provision in Academies are complex, error-prone and bureaucratic. As the number of Academies grows, these arrangements will become unsustainable. • The current process of inter-authority recoupment is bureaucratic and costly. It does not foster dialogue about a pupil’s needs, provision and progress between commissioners and providers.

4. Overview: Reform of high needs funding in operation since April 2014 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.

5. Changes for LBTH schools • Real time Banding support in mainstream schools • Top up payments from other LAs • Real time funding for special schools

6. Contents 1.What’s new? 7.Resolving Disputes 2. A Family Centred System YOUNG PEOPLE with Special Educational Needs From 0 – 25 years 3. Joint Planning & Commissioning 6.Assessments Education Health & Care Plans 4. The Local Offer 5. Providers in schools, colleges, early years & others

7. 2. Timeline for implementing a new approach Legislation comes into force Consult on Code of Practice and transition Bill receives Royal Assent Regulations, statutory guidance and transitional arrangements published Children and young people with Statements and LDAs transfer to the new system* Information and support from: Pathfinder Champions; Council for Disabled Children (CDC); and funded delivery partnerships Convening key players and raising local awareness Reviewing success for reforms locally and agreeing improvements Planning service delivery and preparing for implementation LDA legislation is repealed* Lead for SEN reform in post Local transition plan published* Local offer published* EHC plans for new entrants Personal budgets available Statement legislation is repealed* • Developing plans for joint commissioning • Developing the local offer, fully involving parents and young people • Developing processes for assessment, planning and EHC plans • Identifying services which could be provided through personal budgets • Planning provision of local information, advice and support (with users) • Reviewing and developing local mediation and disagreement resolution arrangements • Engage local partners, including new partners such as further education and training providers • Joint commissioning underway locally – needs assessment, planning, market development, collaboration with families • Regular review of local offer, and awareness raising of local offer • Annual reviews of EHC plans. Children and young people with statements / LDAs transfer to the new system* • Review service budgets to offer increased personal budgets • Regular review of information, advice and support available to families New 0-25 SEN system becomes available * Subject to (national) consultation

8. A new system for SEN(Chapter 1) • Children & young people to be at the heart of the system • Close co-operation between all of the services that support children & families • Early identification of children and young people with SEN • A clear & easy to understand local offer of education, health & social care services • For the most complex needs, a co-ordinated assessment and 0-25 EHC plan • A clear focus on outcomes for EHC plans anticipating the support they need for a clear pathway through education to adulthood, paid employment and independent living • Increased choice, opportunity & control for parents and young people and the offer of a personal budget for those with an EHC plan

9. What remains the same(Chapter 1) • Statutory process including Education/Health/Care assessments but child must be shown to have SPECIAL EDUCATIONAL NEEDS • Definition of SEN exactly as in the current Code of Practice • Disability – 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. • A child may be disabled and not have SEN • A child may have SEN and not be disabled • A child with significant care needs (requiring high levels of intervention) may or may not have SEN.

10. PARENTAL INVOLVEMENT (Chapter 2) • Local Authorities must ensure that parents are involved in:- • Planning and reviewing the Local Offer • Reviewing special educational and social care provision • Drawing up individual EHC plans, in reviews and reassessments • Person centred planning should be used universally • Focus on child/YP not their needs or diagnostic label • Using ordinary language/images not professional jargon • Actively highlight strengths & capacities • Strengthen the voice of the person (and carers) about their achievements, outcomes and ambitions • Tailoring support and personal budgets around the person’s plan • Parent Partnership services should be available to all parents of children with SEN • The role of Parent Carer forums should be developed further

11. THE LOCAL OFFER (Chapter 4) • Local authorities must publish, in one place, information about provision they expect to be available in their area for children and young people from 0-25 who have SEN • Underpinned by local authorities and clinical commissioning groups agreeing on local provision & priorities • Should have 2 key purposes • To provide clear, comprehensive information about support and opportunities available • To make provision more responsive to local needs and aspirations by directly involving children & YP with SEN and parents & carers in its development • The local offer should be:- • Engaging • Accessible • Transparent & comprehensive

12. THE LOCAL OFFER (Chapter 4) • What must be included:- • Education, health and care provision for children & YP with SEN**** • Arrangements for identifying and assessing children & YP with SEN**** • Other education provision (outside schools & colleges) • Training provision including apprenticeships • Arrangements for travel to and from schools, post 16 provision and early years providers • Support for children and young people moving between phases***** • Supported preparation for adulthood including preparation for employment, independent living & community participation***** • Information, advice & support from the LA about support for families with children with SEN • Information about making complaints and being supported in conflict resolution

13. SETTINGS Early Years/Schools/Colleges etc (Chapter 5) • Improving outcomes for all – high expectations for children and young people with SEN • All teachers are teachers of children with SEN • The majority of children with SEN should have the choice of being included in mainstream education • The majority will be seen as having Additional Educational Needs(AEN) and be supported by use of school’s own delegated budgets • A minority will have a specialist assessment and be provided through an Education Health & Care Plan • Early identification of SEN is a priority • From birth • Early years • Emergent conditions • There are 4 primary areas of SEN • Communication & Interaction • Cognition & learning • Emotional, social & behavioural development • Sensory &/or physical

14. SETTINGS Early Years/Schools/Colleges etc (Chapter 5) • All teaching & learning establishments have a responsibility to identify those children & YP who will have SEN and to provide them with Additional SEN support (after ensuring that this is not due to poor teaching or poor attendance) • Schools will be expected to ensure that support is directed as appropriate and separate:- • Those children & YP who need support to catch up with their peers • Those who need a more tailored approach to address a specific SEN which is impacting on their ability to learn • External support and guidance will be available (though may be commissioned by schools) from:- • Educational Psychologists ( EPS) • Specialist support teachers or support services (Inclusion Services) • Child & Adolescent Mental Health Services (CAMHS) • Behaviour Support Teams (BAS) • Youth Offending Teams (YOT) • Therapy Services (Speech & Language, Occupational & Physiotherapists)

15. SETTINGS Early Years/Schools/Colleges etc (Chapter 5) • All schools must ensure they have an experienced qualified teacher as SENCO who works closely with the Head & Governors to :- • Oversee the day to day operation of the school’s SEN policy • Co-ordinate provision for children with SEN • Collaborating with curriculum co-ordinators so that learning for all children is given equal priority • Liaise with, advise & contribute to in service training of teachers & support staff • Liaise with relevant teacher for looked after children if the child has SEN • Advising on a graduated approach to providing Additional SEN Support • Ensuring all records of children with SEN are kept up to date • Liaising with parents of children with SEN • Being a key point of contact and liaising with other phase providers, external agencies, health and social care agencies and the local authority • With parents and potential next provider liaising to ensure a smooth transition • ensuring with the Head & governors that the school meets its responsibilities under the Equality Act (reasonable adjustments and access arrangements) • The SENCO is responsible for ensuring that the school can track and record the support plans and decisions for all children with SEN • SENCO’s can be most effective when part of the senior management team

16. ASSESSMENTS Education Health & Care Plans (Chapter 6) • Statutory assessments of education, health and care needs will take place for those few children and young people with complex SEN • Most (but not all) will then have an Education, Health & Care Plan (EHC) • Timescales • Whole process maximum of 20 working weeks (currently 26) • LA must respond to any request within 6 weeks • When LA requests advice, advice givers must respond within 6 weeks • Families have to be involved throughout the process and are given 15 days to consider & give their views on the final draft of the EHC Plan

17. ASSESSMENTS Education Health & Care Plans (Chapter 6) • Requesting an Assessment • Parent or young person • School or post-16 providers • Other professionals e.g. health & care professionals, YOT & education in custody providers • Considering whether an assessment is necessary LAs should take account of the following:- • Views of child, YP and parents • Evidence of academic attainment & progress • Education providers evidence of the nature of the child’s SEN • Evidence of action taken by the education provider • Evidence that progress is due to Additional SEN support in place • Evidence of the child’s physical, emotional social development and health needs • With 18 + whether staying in education would help them make a successful transition into adult life

18. ASSESSMENTS Education Health & Care Plans (Chapter 6) • Conducting a co-ordinated assessment. In doing this children, parents & YP should experience a straightforward and joined-up process which leads to timely, well-informed decisions • Children, YP & families should be at the centre of the process • Assessment should be as streamlined as possible • “tell us once” approach to information sharing • Information shared across agencies • Multiple appointments co-ordinated • Local education , health & care services must work together to plan shared services • Where services identified early as being needed, they should not be delayed till the end of the assessment • Practitioners in all services should be committed to a different way of working with parental empowerment as a core value • Local authorities must support families with difficulties such as providing key workers • Assessment and planning should be an on-going process

19. ASSESSMENTS Education Health & Care Plans (Chapter 6) • Advice for EHC assessments LAs must seek advice from :- • The education provider • Where the child has sensory difficulties a specialist teacher • Medical advice from a person(s) nominated by the Clinical Commissioning Group • Psychological advice from an Educational Psychologist • Social Care Professionals within the LA • Any other provider e.g. YOT, probation, services children providers etc • Anyone else family or YP thinks relevant e.g. family support worker • Young people aged 19-25 • Any YP 19-25 may request an assessment • Some may not need this as it is not in their interest to continue their education • Others with complex needs which are primarily health or social care may not need an EHC assessment and are best provided by continuing Adult health or Social care provision

20. ASSESSMENTS Education Health & Care Plans (Chapter 6) • Preparing an Education Health Care Plan Principles to apply - decisions should be transparent & involve child, YP & family - plans should be clear, concise, readable & accessible to parents, children YP & providers/practitioners - plans should be person-centred, evidence-based & focussed on outcomes - outcomes should be short-term & aspirational for the YP - the delivery of a service is not an outcome (it is what the service is doing) - outcomes need to be specific, measurable, achievable & time bound - plans should be specific about the interventions that will make a difference - plans must relate to the teaching and learning context in which the child may be educated - resources should be quantified (level of support and who provides it)

21. ASSESSMENTS Education Health & Care Plans (Chapter 6) • Choice of school, college other provider • Parents can choose any educational provider • Maintained school (mainstream or special), Academy or Free School • Special Academy or Special Free School • Non-maintained Special School • FE or Sixth Form College • Independent School or Independent Specialist College (approved by Sec of State) • Local Authority must comply with parental choice unless • It’s considered unsuitable for the age, ability, aptitude or SEN of the young person or • The attendance there would be incompatible with the efficient education of others ; or the efficient use of resources • Transport • LA can name a nearer school to parent’s preference unless the parents meet the transport costs • Transport should only be included in the EHC plan in those exceptional cases where the child has specific transport needs • LAs will have transport polices applying to all children with SEN and should not be used to limit parental choice of school • Transport costs may be provided as part of a personalised budget

22. What should schools do to prepare for changes? • Make clear and transparent what are its targeted interventions as part of its ‘Local Offer’ • Ensure that they employ a teacher suitably trained to fulfil the SENCO role • Re-consider how they engage with families so that it is person-centred • Revisit how they write reports advice and educational plans to ensure they are evidence-based short-term outcomes focussed & aspirational