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Implementing the reforms to special educational needs and disabilityUpdate – September 2013NOTE: These slides are for use by DfE/DH, pathfinder champions and other partners when communicating with local areas about the SEND reforms. They are a resource bank and should be used selectively/customised depending on the audience
A reminder: the case for change The current system is not working for families and children: • Too many children with SEN have their needs picked up late; • Young people with SEN do less well than their peers at school and college and are more likely to be out of education, training and employment at 18; • Schools and colleges can focus too much on the SEN label rather than meeting the child’s needs, and the current Statements/ Learning Difficulty Assessments do not focus on life outcomes; • Too many families have to battle to find out what support is available and in getting the help they need from education, health and social care services; and • When a young person leaves school for further education, they enter a very different system which does not carry forward the rights and protections that exist in the SEN system in schools.
Our vision • Children’s SEN are picked up early and support is routinely put in place quickly; • Staff have the knowledge, understanding and skills to provide the right support for children and young people who have SEN or are disabled; • Parents know what they can reasonably expect their local school, college, LA & local services to provide, without having to fight for it; • Aspirations for children and young people are raised through an increased focus on life outcomes, including employment; • For more complex needs, an integrated assessment and a single Education, Health and Care Plan are in place from birth to 25; and • There is greater control for parents and young people over the services they and their family use.
Progress update The Children and Families Bill (Part 3 - SEN) has progressed through Commons Committee with thorough scrutiny, and been debated at Lords second reading. Pathfinders continue to play a vital role to: Contribute to the draft Regulations and Code of Practice Provide case study examples of progress and impact on families The Bill will be scrutinised in Lords Committee next month, where again pathfinder learning will be crucial. Pathfinder champions are up and running, with a number of regional conferences held in July, and more to come
Pathfinder progress • 20 pathfinders, made up of 31 local authorities are leading the way to develop effective approaches to implementing the reforms. • The programme has been extended until September 2014, to enable pathfinders to scale up their test approaches to whole areas, and support non-pathfinder areas to prepare for implementation of the reforms. • The pathfinder programme is central to informing new legislation. The Children and Families Bill has been revised to reflect pathfinder learning, for example: Pathfinders’ experience of person centred planning has influenced the clauses on assessment and EHC plans, ensuring that parents’ and young people’s views and aspirations are taken into account at all stages of the process. • Pathfinder learning and evaluation is feeding into further development of regulations and the new SEN Code of Practice.
Pathfinder Champions • Each region has a pathfinder champion, to provide advice and support to non-pathfinder areas as they prepare for implementation of the reforms:
Pathfinder learning - highlights • Pathfinder learning is being evidenced through a suite of ‘information packs’ demonstrating effective ways to implement the reforms. The packs are available at www.SENDpathfinder.co.uktogether with additional case studies. • Highlights include: • Excellent practice in engaging with families, evident from the beginning of the pathfinder programme. • Strong examples of good practice are emerging on engaging children and young people, early years settings, schools and post 16 institutions. • Pathfinders are picking up pace in developing their local offers, taking time to fully involving parents and young people in drawing up the offer and ensuring it meets their needs. The local offer needs to be engaging, accessible, transparent and comprehensive.
Pathfinder learning – highlights continued • There is a culture shift in assessment and planning, with a growing emphasis on personalisation and multi-agency, outcomes-based approaches, supported by keyworking. • Families and young people have welcomed the opportunity to help design an EHC plan which meets their needs and aspirations. • A group of pathfinders has accelerated testing on personal budgets, focusing on personalisation and understanding outcomes, clarifying funding and supporting schools and colleges. • Pathfinders are showing what can be achieved, and that putting these reforms in place takes time, energy and determination.
Challenges for implementation – assessment and planning Engagement of children and young people. Developing co-ordination of assessment across partners including health and social care – full end to end process. Resourcing and accountability for EHCPs. Refining formats of EHCPs: defining outcomes well; clear and specific provision; meeting expected legal requirements. Developing sustainable, whole area, 0-25 approaches which keep families and young people at the centre of the process - training requirements for keyworking.
Next steps for all areas The pathfinders have shown that the workforce development and culture change needed to implement the reforms take time, typically over a year. The proposals for joint commissioning, a local offer and personal budgets require a strategic approach to planning services and market development, based on clear understanding of the needs of children, young people and families. Now is the time to engage with the pathfinder champion in your region and think about the steps you need to take to prepare for implementation.
The Mandate:from the Government to the NHS Commissioning Board: April 2013 to March 2015 21 • Sets priorities for the NHS for the coming two years. • The NHS Commissioning Board is legally required to pursue the objectives in the Mandate. CCGs have a statutory duty to act consistently with the Mandate (and meet any commissioning guidance the Board chooses to issue to deliver against the Mandate). • The Mandate states: • “…there is a particular need for improvement, working in partnership across different services… in supporting children and young people with special educational needs or disabilities. The Board’s objective is to ensure that they have access to the services identified in their agreed care plan, and that parents of children who could benefit have the option of a personal budget based on a single assessment across health, social care and education.”
How Joint Strategic Needs Assessments and Joint Commissioning inter-relate
EHC personal budgets • Once an LA confirms a plan is necessary, a parent or young person can request an EHC personal budget. This is an amount of money identified to achieve outcomes agreed in an EHC plan. • It may be managed in three ways: • The local authority manages the funds and commissions the support specified in the EHC plan (sometimes called “notional arrangements”). • The funds are paid to a third party to manage on behalf of the parent or young person. • The funds are paid to the parent or young person as a direct payment, and they buy the provision specified in the plan. • An EHC personal budget should cover only the special individualised provision made available through the EHC plan.
Health provision High-needs block School or college budget Personal budget if agreed by school/college Social care provision Funding EHC Personal Budgets • Base funding, notional SEN budget and high-needs block funding enable schools and colleges to provide teaching and support arrangements for all of their pupils and students. • If individual needs exceed the level of provision the school or college normally provides, additional funds: • can definitely come from funding provided by the LA from their high-needs block • can possibly come from funding managed by a school or college, if the head or principal agrees. • It is normally these additional funds, beyond the normal provision the school would deliver as set out in the local offer, that would be offered as part of an EHC personal budget.
Post 16 changes in Bill • Local authorities to involve post-16 institutions when reviewing their special educational provision and developing their local offer; • Enable post-16 institutions to request an assessment of education, health and care needs; • Allow young people to express a preference for a particular school, FE college or ISP (including Free Schools and Academies) and require that institution to admit them; • Require local authorities to consult schools, colleges and ISPs about young people they would like to place with them, and send a copy of their EHC Plan to them; • FE colleges and ISPs must have regard to the Code of Practice; • Local authorities can provide children’s services to young people over 18.
What the Code is • Statutory guidance on duties, policies and procedures relating to Part 3 of the Children and Families Bill and associated regulations. • Provides practical advice on how to carry out statutory duties to identify, assess and make provision for children and young people with special educational needs (SEN).
Who must have regard to the Code • local authorities (education, social care and relevant housing and employment and other services) • early years providers • schools • FE colleges • sixth form colleges • academies/ free schools • SEND Tribunal • independent special schools and independent specialist providers • pupil referral units and alternative providers • NHS England • clinical commissioning groups (CCGs) • NHS trusts • NHS Foundation Trusts • Local Health Boards
Structure – 9 Chapters Introduction Summary A Family Centred System Working Together Across Education, Health and Care The Local Offer Early Years, Schools, Colleges and Other Education and Training Providers Assessments and Education, Health and Care Plans Children and Young People in Specific Circumstances Resolving Disputes
Chapter 1 - Introduction • The duty to “pay regard” to the code • Transition arrangements • Definitions of special educational needs (SEN) • Related legislation and guidance
Chapter 2 - Summary • The Principles underpinning the Code • 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.
Chapter 3 – A Family Centred System • Focus on: • Involving children, parents and young people in decision making • The views of children and young people • Supporting young people and their parents • Impartial Information, Advice and Support • Parent Carer Forums
Chapter 4 - Working Together Across Education, Health and Care • Working together for positive outcomes • Joint commissioning arrangements • Roles and Responsibilities • Designated Health Officer • Developing a Joint Understanding of Local Needs • Joint Planning and Delivery • Regional Collaboration • The health commissioning duty • Joint Review/ Improving Provision
Chapter 5 - The Local Offer • Principles – Collaborative; Accessible; Comprehensive; Transparent • What must be included in the local offer • Publishing the local offer • Preparing and reviewing the local offer
Chapter 6 - Early Years, Schools, Colleges and Other Education and Training Providers • High expectations for children and young people with SEN; • Support for children and young people with SEN; • The four areas of SEN; • SEN Support in: Early Years; Schools; Further Education • Funding for SEN Support • Admissions and Inclusion • External Support in Educational Settings
Chapter 7 - Assessments and Education, Health and Care Plans • The need for an EHC assessment • Co-ordinated assessment, planning and timescales • EHC assessment and planning process • Advice and information for EHC assessments • Writing the EHC Plan • Requests for a school, college or other institution • Requesting a personal budget • Reviewing an EHC Plan
Chapter 8 - Children and Young People in Specific Circumstances • Looked after children • Care leavers • SEN and social care needs, including children in need • Children and young people educated out of area • Children and young people with SEN educated at home • Children with SEN in alternative provision • Young offenders in custody • Children of service personnel
Chapter 9 - Resolving Disputes • Principles • Early resolution of disagreements • Disagreement resolution arrangements • Mediation • Parent and young people’s rights to appeal to Tribunal • Disability discrimination claims • Complaints about NHS or social care provision
Next Steps • Consultation ends ……………….2013 • A • B • C • Implementation 1 September 2014
Chapter 2 • The Principles Underpinning the Code
Involvement of children, young people and parents in decision making
Improved identification of children and young people’s needs
Collaboration between education, health and social care 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 their parents over their support
Successful preparation for adulthood, including independent living and employment www.preparingforadulthood.org.uk
Chapter 3 • A Family Centred System
Involving children, parents and young people in decision making • Local authorities must ensure that parents, children and young people are involved in discussions and decisions about every aspect of their SEN, planning outcomes and making provision to meet those outcomes, and in: • - planning and reviewing the local offer; • - reviewing special educational provision; • - drawing up EHC plans, reviews and reassessments • Early years providers, schools and colleges should fully engage parents and/or young people with SEN when drawing up policies that affect them,. • Schools and colleges should ensure that students with SEN are represented on class and school forums.
The views of children and young people • Essential that schools, colleges, agencies and local authorities continuously access and include the views of children with SEN and disability in policy development and review as well as in processes relating to the individual's SEN; • When a child is over compulsory school age it is their views that take precedence over those of their parents, in respect of assessments and EHCPs. Where a conflict of interest between the young person and the parent, it is the view of the young person that prevails. • Right of young people to make a decision is subject to their capacity to do so (Mental Capacity Act 2005)
