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Children & Young People with Acquired Brain Injury: Return to School. Sue Walker Educational Psychologist. Topics for Discussion. Educational Psychologists (E.Ps)? What do they do & how can they help? Understanding statementing
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Children & Young People withAcquired Brain Injury:Return to School Sue Walker Educational Psychologist
Topics for Discussion • Educational Psychologists (E.Ps)? What do they do & how can they help? • Understanding statementing • How lawyers can help in event child has claim & child statemented/not statemented • Does change in govt have bearing on remit?
Educational Psychologists Training: • Honours degree in Psychology • Post-degree experience working with children/young people • 3 year doctorate Role: • Distinctive contribution is in psychological skills & knowledge derived from study of many aspects of psychology – cognitive, developmental, social, behavioural, clinical & neuro-psychology, and how it applies to human development, learning & behaviour. • Work with children & young people who experience difficulties that may effect their educational and psychological development/emotional well-being • School visits, liaising with other agencies, advising LA on policies & provision
What are Special Educational Needs? Children have special educational needs if they have a learning difficulty which calls for special educational provision to be made for them.
Special Educational Needs (SEN) • Increased inclusion in mainstream school • Expectation of mainstream schools to manage high level of special need from within own budget • Fewer statements of SEN • Most children with SEN do not have a statement
Code of Practice of SEN: levels of SEN support • School Action • School Action Plus • Statement of SEN
Types of SEN Requirement to record pupil’s primary need, and if appropriate, secondary need. A. Cognition and Learning Needs • Specific Learning Difficulty • Moderate Learning Difficulty • Severe Learning Difficulty • Profound & Multiple Learning Difficulty B. Behaviour, Emotional & Social development Needs • Behaviour, Emotional & social Difficulty C. Communication & Interaction Needs • Speech, Language and Communication Needs • Autistic Spectrum Disorder D. Sensory and/or Physical Needs • Visual Impairment • Hearing Impairment • Multi-sensory impairment • Physical Disability OtherThis category not to be used for pupils with a statement of SEN
Funding the SEN of children with Acquired Brain Injury • School’s own budget • LA ‘Exceptional’ funding • LA ‘Health’ funding • Statutory assessment BUT route not fast or flexible • Tribunal route (LAST RESORT, NOT FAST, V. HIGH LEVEL PARENTAL STRESS) • Litigation??
Statement of SEN Proposed Statement / Final Statement Part 1: Child details Part 2: Special Educational Needs Part 3: Special Educational Provision Part 4: School where needs met (only on final) Part 5: Non-Educational Needs Part 6: Non-educational provision
Tribunals • Consider parents appeals against decisions of local authority • SENDIST as ‘stand alone’ body now replaced by 2 tier tribunal structure:1st Tier tribunal & Upper tribunal • SEN & Disability now sits in the Health, Education & Social Care Chamber of the 1st Tier Tribunal • Upper Tribunal - Appeals against decisions, instead of going to High Court
Tribunals: Disposal of Appeals(SENDIST Tribunal Annual Report 2008-9)
How can lawyers help in event of claim, & if child statemented /not statemented? • School action/School Action Plus Negotiation with school for additional provision? • Initiation of stat assess Support for parents to navigate system Support for parents to challenge LA refusals Scrutiny of proposed statement Charitable organisations e.g. IPSEA, ACE • Statemented: Support for non-maintained school if LA refuses
Change in govt, & remit? • Balchin report (2007) Conservative party’s commision on SEN • Radical revision of SEN overdue • Statements should be replaced by Special Needs Profiles, drawn up by profile assessors • Assessors should be independent of LA (decisions re level & type of need shouldn’t be made by body that holds budget for & provides SEN provision) • Restoration of Special School places & ‘Special Academy Status’ • Climate of severe budgetary constraint • Launch of wide-ranging Green Paper in autumn
Contact details Sue Walker Educational Psychologist The Children’s Trust Tadworth KT20 5RU 01737 365855 swalker@thechildrenstrust.org.uk