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Changing times, Challenging times. NNATPIP National Conference Loughborough 21 June 2013 Philippa Stobbs Assistant Director Council for Disabled Children. It was the worst of times. A reluctance to admit A readiness to exclude Indifference to progress and outcomes
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Changing times, Challenging times NNATPIP National Conference Loughborough 21 June 2013 PhilippaStobbs Assistant Director Council for Disabled Children
It was the worst of times... • A reluctance to admit • A readiness to exclude • Indifference to progress and outcomes • Communication with parents is less than open and honest • There is little engagement with children and young people themselves
It was the best of times... • A welcome for disabled children • Involvement in planning their own support • Listening conversations with parents • Participation in the whole life of the school • Challenge to be ambitious • Celebration of their achievements
The challenge • How many schools can we move from worst to best? • How many children can we ensure experience the best not the worst? ... what does the current policy environment do to encourage the best and discourage the worst? ... and a personal challenge for me.
The test: the impact of recent, current and proposed changes • Equality Act 2010 • SEN reforms ... and health reforms • the accompanying intended cultural changes • the school funding changes • Curriculum and assessment changes
Equality Act 2010 • Disability Discrimination Act 1995 • SEN & disability Act 2001 • Less favourable treatment, reasonable adjustments • Accessibility Plans • DDA 2005: Disability Equality Schemes • Equality Act 2010 • September 2012, Reasonable adjustments and auxiliary aids and services
An important reminder: All current requirements stay in place until: new legislation is implemented new regulations come into force new Code of Practice is issued
Children and Families Bill:Part 3 • Principles • Definitions and scope • Local integration of health, care and education and joint commissioning • Education, health and care needs assessment & plans • Personal budgets • Local offer • Schools’ provisions • SEN Code of Practice
Definitions and scope • SEN definition the same • Young people over compulsory school age & up to 25 • LA and all children & young people in area with SEN: • LA to identify • LA responsibility • Disabled children covered if they have SEN - Equality Act duties for disabled children, no SEN • All schools’ duties apply to directly to academies
Local integration of health, care and education • Integrate services to promote the well-being • Joint commissioning by LAs & CCGs • LAs to keep education & social care under review • Requirement to co-operate to meet EHC needs: • Schools • Colleges • Local authorities, including social care • Alternative provision • Health agencies
Changing health structures(context) • Health and Well-being Boards • Joint Strategic Needs Assessment • Health and Well-being Strategies • Arrangements for co-operation to improve children’s well-being • Work in 2012 by Children and Young people’s Health Outcomes Forum • Healthwatch
Local offer • Support available for children and young people with SEN, from education, health and care • Existing regulations require local authorities to set out what schools are expected to provide from their delegated budget* • Develop the offer with parents, schools, colleges, other services • Provision to support transition to adulthood * The Special Educational Needs (Provision of Information by Local Education Authorities) (England) Regulations 2001, SI 2218 (page 189 of CoP)
Education, health and care needs assessment & plans • EHC plans replace statements • 139A assessment replaced • EHCP extends to FE and training • Continues in an apprenticeship or if ‘NEET’ 16-18 • Other provisions similar to a statement • Regulations set out: • how assessment conducted • how it might be combined with other assessments • Duty to secure SE provision set out in EHCP • Health & social care needs to be recorded in EHCP • Health must arrange health provision specified in EHCP • Rights of appeal the same, but include FE
Personal budgets LAs to prepare a personal budget: • in relation to an EHC plan • where a request has been made • by parent or young person • may include a direct payment Details in regulations
School provisions • Provisions apply to academies • Requirements to: • have a SENCO • inform parents if child has SEN • inform young people • use ‘best endeavours,’ schools and FE • publish information on how they meet the needs of children with SEN • Have regard to the SEN Code of Practice
SEN Code of Practice • Revised Code of Practice • Removal of School Action and School Action Plus, one category of SEN at school and in early years • Individual education plans? • Revision of statutory guidance on identification, on BESD • Requirement to lay Code before Parliament
Principles General principles for local authorities (clause 19): • views, wishes and feelings of children, young people, families • importance of full participation • importance of information and support • children’s development and best possible outcomes ‘Removing the bias towards inclusion’ no longer being pursued
Pathfinders • 20 pathfinders • 31 local authorities and health partners • Testing out the ideas in the Green Paper • Statutory arrangements stay in place while ideas are tested • Pathfinder support programme • Evaluation • Pathfinder Champions to take work forward
Other work funded by the DfE • A range of programmes, grant holders and contracted services, including: • Early Support • Achievement for All • Preparing for Adulthood • 3 Trusts: • The Communications Trust • Autism Education Trust • Dyslexia Specific Learning Difficulties Trust • Range of new grants • Support to parent/carer forums and parent partnership services • DfE Strategic Partner and Strategic Reform Partner
School funding • Major reforms to way schools, academies and local authorities receive and distribute their funding • Changes introduced 1 April 2013 • Full effect felt next academic year • Changes to the way SEN is funded in mainstream and special schools • Changes being made ahead of the SEN reforms
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 DfE (2012) School funding reform: Next steps towards a fairer system.
The high needs block • Children with SEN who require significant additional funding to meet their needs • Maintained schools, Academies, and all special schools • Pre- and post-16 • Children in alternative provision, including pupil referral units • Centrally provided specialist SEN services
Mainstream schools • Element 1 - schools receive around £4k for each pupil at their school • Element 2 - schools’ notional SEN budget: distributed against the local funding formula; from this schools are expected to provide up to £6k of additional or different provision • Element 3 (above £10,000): from the local authority’s ‘high needs block’
Academies, special schools Academies: • Equivalent Funding from Education Funding Agency for core and ‘notional SEN budget’ • Element 3, above £6,000, from LA ‘high needs block’ Special schools: • Core funding of £10,000 per place: mirrors £10k mainstream schools expected to provide • Top up funding above £10,000 to cover cost of placement
Funding (context) • Proposals for a national funding formula • Pupil premium – targeting disadvantage • Local authority cuts • Changes proposed during the passage of the Academies Act 2010 • Specialist support services, the development of academies, school finance regulations
Funding and SEN reforms • National banding framework, with linkage to personal budgets, pathfinder work • Personal budgets and direct payments • Local offer
Information from local services • some confusion and lack of information (and some willful mis-reading?) • schools using changes to do more of the same – blame shortage of funds for not being able to meet needs/make provision • SEN changes and research (DISS) also used as excuse • schools explicitly cutting back provision on the basis of funding changes • increased pressure for statutory assessments/in one LA fewer requests (expectation of having to prove spending £6k and/or no extra resources in a statement) • 1 LA clearly active in challenging schools
A presentation on the mechanics of the school funding arrangements is available on YouTube: http://www.youtube.com/watch?v=oZ7mVQsPinM … and my personal challenge
Issues • Statutory reforms • Intended cultural change • Impact of other changes in the system: health, funding, curriculum, assessment policies • Challenges
Philippa Stobbs pstobbs@ncb.org.uk