Special Educational Needs and Disability (SEND) Reforms 2014

1. Special Educational Needs and Disability (SEND) Reforms 2014 June 2014

2. Housekeeping

3. Aims of the Session • To provide clarification of the implications of the Children and Families Act for Special Educational Needs and Disability (SEND) reform • To provide an overview of Education, Health and Care Plans, including the changed statutory processes and “time-lines” • To consider the new documents • To consider school SEN procedures in the light of the reforms • Further training and developments needed • To give some time for questions

4. WHAT THE TRAINING…IS NOT • Discussion of the perceived rights or wrongs of the new legislation • An “absolute” discussion; changes continue • An underestimation of the size of the task for ALL of us • Bespoke to different settings or age groups • The only training opportunity • Easy – there is a lot to cover in a short space of time

6. To begin on a positive note… The Local Authority congratulates you on the changes you have put in place as a result of the SEN Funding Reforms. The requests for statutory assessment, and the completed AR 10 forms, provide clear evidence that schools have used the reforms to drive through some positive changes. This is particularly in the planning for interventions, the use of the “Waves” model and a reduction in the use of support on a “one to one” basis. These positive developments must continue and be built upon.

7. A Reminder of Waves

8. To begin on a positive note…. So…inclusive practice in Wakefield has improved, and it is here to stay: “As part of its commitments under articles 7 and 24 of the United Convention of the Rights of persons with Disabilities, the UK government is committed to inclusive education of disabled children and young people and the progressive removal of barriers to learning and participation in mainstream education” Draft Special Educational Needs and Disability Code of Practice: 0 – 25 Years, April 2014

9. The Children and Families Act 2014 • Is the biggest reform of the SEND legislation since the 1981 Education Act, which led to the development of statements of SEN • Applies to the same numbers of children now as were reported then: 2% most significant, 20% (overall) SEND • Is being introduced at rapid pace – in the space of one parliament - the bill achieved Royal Assent on 13th March 2014 for implementation on 1st September 2014

10. The Children and Families Act 2014 • SEND Reforms are covered by this Act and are the part of the act which are most relevant to your work • The implementation of the Act was informed by the appointment of Pathfinder Local Authorities – North Yorks and Calderdale locally • Pathfinder LAs tasked with developing protocols and disseminating their findings to other LAs – Wakefield has used the work of York in developments • In Wakefield, a SEND Board was established in December 2013 with 5 Workstreams to address the key areas for development

11. The Children and Families Act 2014 – Key Points • The SEND reforms will implement a new approach which seeks tojoin-up help across education, health and care from birth to 25 • To place children, young people and their families at the centre of things, and • For them to be fully involved in decisions about their support and what they want to achieve • To develop a “tell us once approach” • Builds on the SEN Funding Reforms introduced in April 2013

12. The Children and Families Act 2014 – Key Points • Clear intention to plan long term OUTCOMES to support children and young people progress into adulthood • The Personalisation Agenda • The Local Offer – to involve ALL education providers • Developing more “Joined up” services All these aspects of the Act are covered by the LA workstreams, the 5 of which are devoted to each of them.

13. The Children and Families Act 2014 – Key Points • The DfE has made some time limited additional funding available to support LAs in implementing the reforms • Staff being recruited as a result – including SENART officers and EP to cover wider 16 – 25 agenda • Government also funding Independent Parent Supporters – usually through the voluntary sector

14. The Children and Families Act 2014 • Help to be offered at the earliest possible point • The overall intention is to lead to better outcomes and more efficient ways of working

15. The Children and Families Act 2014 A Cautionary Note: The underpinning guidance document, the Special Educational Needs and Disability Code of Practice: 0 to 25 years is still at draft stage A new draft was published in April 2014 with a new consultation process IT MAY CHANGE YET!

16. The Children and Families Act 2014 WHY The Changes? (some examples) • Government’s view of Special Educational Needs and Disability is that, overall, things are not good enough • Too many unemployed young people with SEND • Too many children identified • Too many boys versus girls • Too many LAC with SEN

17. The Children and Families Act 2014 • Young people with SEN are more than twice as likely not to be in education, employment or training (NEET) • Analysis in 2009 showed that 30% of young people who had statements at Year 11 and 27% of those who were identified as SEN without statements were NEET at age 18. This is compared to 13% for those with no special provision at Year 11

18. HERE WE GO…

19. Education, Health and Care Plans The key changes introduced by the Children and Families Act include: • Statements of SEN and Learning Difficulty Assessments being replaced by Education, Health and Care (EHC) Plans • EHC Plans will provide statutory protection comparable to that in Statements of SEN for young people who are in education or training up to the age of 25 instead of ending at 16

20. Education, Health and Care Plans • Young people over 16 will be entitled to appeal to the First Tier Tribunal with regard to provisions in their EHC Plan • Parents and young people have the option of a personal budget to buy specialist support when a Plan is issued • Local authorities will be required to publish a 'Local Offer' (inclusive of the NHS) outlining the support they and other local authorities nearby will normally provide for children with SEN • In Wakefield, this is an electronic system – “Connect to Support”

21. Education, Health and Care Plans • School Action/School Action Plus will no longer exist. School based provision will be replaced by a single category called SEN Support • Health services and local authorities will be required tojointlycommission and plan services for children, young people and families • There is a strong emphasis on long term “Outcomes” • And an equally strong emphasis on Person Centred Planning • The principles of Keyworkers and Keyworking are introduced

22. Successful Preparation for Adulthood, Including Independent Living and Employment

23. Education, Health and Care Plans

24. Education, Health and Care Plans • An EHC Plan is a new multi-agency plan covering all ages from birth to 25th birthday that will be reviewed regularly • EHCPs sometimes called a Plan or a Single Plan • Single Plans will replace Statements of SEN from September 2014 in a phased transfer (to April 2018) • A letter has gone to all parents to explain the transition processes

25. Education, Health and Care Plans Main Aims (continued) • To get education, health and social care services working together • To make sure children, young people and families know what help they can get when a child or young person has special educational needs • To make sure that different organisations worktogetherto help children and young people with special educational needs

26. Education, Health and Care Plans Main aims: • To give children and young people and their parents/carers more say about the help they get • To promote co-production • To adopt a “tell us once” approach • For one overall assessment to look at what special help a child or young person needs with their education, and their health and social care needs, all at the same time

27. Education, Health and Care Plans Main Aims (continued) • For a child or young person to have one plan for meeting their education, health and social care needs, which can run from birth to 25 - if it needs to • To make sure children, young people and their parents can choose some of the help they need • To help sort things outif a child or young person or their parent needs to appeal about the help they get

28. Education, Health and Care Plans Main aims (continued) To develop provision which focuses on meeting realistic outcomes which the child/young person and their family have helped to determine

29. Education, Health and Care Plans The Wakefield Model comprises 3 main documents: • The Pathway of Coordinated Support • My Support Plan • The Education, Health and Care Plan All are currently in draft form – and will remain so for some time All will be available electronically and, it is anticipated, will be completed electronically

30. Education, Health and Care Plans

31. Education, Health and Care Plans The Initial ( and most important) Phase Child or young person needs support which is additional to or different from that which is normally available Start to implement SEN Support Broadly “old” SA, Column 1 on Provision Matrix

32. Education, Health and Care Plans – Initial Phase - Implementing SEN Support PLAN Assess Who? What? When? Where? Discuss WAVES One Page Profiles Provision Timetables IEPs IBPs Health Care Plans etc With Parents/Carers With Child/Young Person With SENCO

33. Education, Health and Care Plans – Initial Phase - Implementing SEN Support Implement support Record Progress Involve parents/child

34. Education, Health and Care Plans – Initial Phase - Implementing SEN Support REVIEW YES – continue cycle of Plan, Do, Review Still “old” SA Matrix 1 Progress made NO – involve outside agencies to support - usual process Planning Meetings etc “Old” SA+ Row 2 on Provision Matrix

35. Education, Health and Care Plans – Initial Phase Implementing - SEN Support Outside Agencies Involved Progress Made Continue Continue Plan, Do, Review Cycle Progress not Made Move to Phase 2 My Support Plan

36. Education, Health and Care Plans – Phase 1My Support Plan Move to develop MY SUPPORT PLAN- Within “Old” SA+, Row 3 on Provision Matrix Family or Professional requests coordinated support Lead Practitioner (LP) identified to coordinate the plan LP agrees with child/family who to invite to first meeting Planning Meeting held – My Support Plan agreed Outcomes and actions are agreed Support the child/family to complete the plan

37. Education, Health and Care Plans – Phase 1My Support Plan OUTCOMES AND ACTIONS SET AT THE MEETING ARE REVIEWED Progress Made - My Support Plan ends Progress supported through My Support Plan - Continue More/different support needed for progress – move to Phase 2

38. Education, Health and Care Plans – Phase 2 Further assessments have been completed and My Support Plan is reviewed – ensure appropriate professionals present especially if likely to be moving to a statutory request It’s helpful – My Support Plan continued Additional funding is needed for SEN to be met MOVE TO PHASE 3 Coordinated support effective – My Support Plan ends

39. Education, Health and Care Plans – Phase 2 At the time of the request for a statutory assessment, existing reports from the professionals involved can be used as the statutory advice if written within the last 3 months and if the parents/carers, child/young person are in agreement

40. Education, Health and Care Plans – Phase 3 A request for an EHC Plan is made: • The My Support Plan document is used • All relevant professional reports are attached (for example, EP, Advisory Teacher (HI, VI), Speech and Language Therapist) • Evidence that the child/young person’s needs cannot be met from Bands 1 – 3 of the SEN Matrix

41. Education, Health and Care Plans – Phase 4 • The Special Educational Needs Assessment and Review Team receives the request for a statutory assessment via the My Support Plan documents and associated reports/advices • Requests reports if these are not already present • The Wakefield Education, Health and Care Panel decides whether there is sufficient evidence to proceed to statutory assessment • If not agreed, notifications sent • Support continues via My Support Plan

42. Education, Health and Care Plans – Phase 4 If the Wakefield EHC Panel agrees to the statutory assessment: • A date is set for a meeting to agree the draft EHC Plan • The meeting will be arranged by a SENART Officer • The meeting will involve the school/child/young person/SENART Officer/any other professional who would like to attend • The EHC Plan will be drafted at the meeting • My Support Plan forms the basis for the EHC Plan – “Tell Us Once”

43. Education, Health and Care Plans – Phase 5 • The draft EHC Plan is sent to the Wakefield Education, Health and Care Panel for decisions about resource allocations • If support is to be taken through personal budgets for any aspect of support, the arrangements for this will be agreed at the panel.

44. Education, Health and Care Plans – Phase 6 The Education, Health and Care Plan is agreed and issued

45. Education, Health and Care Plans – Phase 7 The Education, Health and Care Plan is reviewed within 12 months of the initial plan and then every 12 months after that. This can be reduced if necessary.

46. Education, Health and Care Plans – same • Necessity to demonstrate graduated approach to meeting needs • The DfE state that the same children will have EHCPs as those currently with statements • Requirement to demonstrate use of existing funding • Requirement for professionals to provide statutory advice • Needs led NOT diagnosis

47. Education, Health and Care Plans – same • Can cover those who are just an “E” • Thresholds – existing Matrix – new colour coding • Decisions made by Panel • Areas covered i.e. descriptions of child/young person’s functioning

48. Education, Health and Care Plans – Different • Time-line – 26 weeks to 20 weeks • Advice may be prepared at the time of request • Request made via My Support Plan rather than a separate form – once completed – it’s done! • No AR10 – reviews will be of the plan itself • EHC Plan drafted and revised in the presence of the school/ parents/child and other professional who may wish to be present • Many children will arrive with a My Support Plan from Early Years or previous school involvement – you will not have to “start again”

49. Education, Health and Care Plans – different (contd) • All EHCPs for those in transition to be completed by 31st March (not February) • Can be used to record Common Assessment Framework (CAF) and Personal Education Plan (PEP) meeting decisions • Greater involvement of child/young person and their family • Possibility of funding being taken via personal budgets • Emphasis on outcomes throughout the whole process

50. SEN procedures in the light of the reforms It seems likely that the Government intend most children/young people’s needs to be met through the delegated funding arrangements. In other words: Carry on doing what you do well at the moment and support children through structured, well monitored interventions