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SEN and disability: a policy update VIEW Conference 15 March 2011 Philippa Stobbs

SEN and disability: a policy update VIEW Conference 15 March 2011 Philippa Stobbs Council for Disabled Children Special Educational Consortium Julie Jennings RNIB Chair, Special Educational Consortium. SEN and disability: accountability. Ofsted increased focus on progress

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SEN and disability: a policy update VIEW Conference 15 March 2011 Philippa Stobbs

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  1. SEN and disability: a policy update VIEW Conference 15 March 2011 PhilippaStobbs Council for Disabled Children Special Educational Consortium Julie Jennings RNIB Chair, Special Educational Consortium

  2. SEN and disability: accountability • Ofsted increased focus on progress • Young Person’s Learning Agency SEN complaints against academies • Commitment to improve DfE school complaints service: service development, guidance and training for officials, guidance for parents and children, reforms to DfE internal processes • Role of parents? • Role of local authority?

  3. Specialist SEN services and academies expansion • Academies Act 2010 • Local authority SEN specialist services protected from academy recoupment in 2011-12 • Increasing number of academies • SEC pressure secured protection for 2012-13 • SEC dissemination of information to local authority staff • Support in protecting services against cuts • Cutswatch research

  4. Duty to co-operate • Duty on academies, schools and colleges to cooperate with other local services, Children Act 2004 and ASCLA 2009 • Education Bill proposed removal of duty • Concerns: • Fragmentation of education system • Education providers key partners in meeting children’s needs • Undermine Green Paper • SEC briefed against proposal, House of Lords persuaded Ministers to delete clause from Bill

  5. Personalisation and Direct Payments • Adult and children’s social care, adult health • Green Paper commitment to include education • Concerns about best inclusive practice • Piloting in pathfinder areas • Direct Payments Order • SEC consensus on safeguards: • Local authority SEN duties continue • scheme only in local authority pilot areas • sunset clause reduced from five years to two years.

  6. Exclusions • Education Act 2011: Independent Review Panels replace Independent Appeal Panels • New panels cannot order re-instatement • New right for parents to request SEN expert: • were actions taken by school to identify and address SEN reasonable • might school reasonably have intervened earlier to prevent the exclusion • early intervention a key focus in all statutory guidance on improving behaviour and reducing exclusions.

  7. Equality Act • All claims of disability discrimination in an exclusion now go to the Tribunal • Public Sector Equality Duty: • commenced April 2011 • specific duties September • information and objectives to be published April 2012 • Consultation commencing schools’ reasonable adjustments duty to include auxiliary aids and services

  8. Legal aid and SEN appeals • Ministry of Justice reforms, November 2010 • Legal Aid, Sentencing and Punishment of offenders Bill • Removal of legal aid for SEN appeals • Reversal of decision, Bill retains legal aid for SEN cases • SEC argued, successfully, for the legal aid to apply to post-16 SEN cases as well

  9. Green Paper Pathfinders • Single assessment process and an education health and care plan • Birth to 25 • Personal budgets and direct payments • Increased involvement voluntary and community sector • Engagement of children, young people, and their parents and families. • Local offer

  10. Early years update • Early Support and keyworking project • VI information booklet • VI Journal • Multiple needs Journal • Service audit tool • Engaging health • Early Years Foundation Stage • Phonics check

  11. VI update • Impact of education context • Involvement in pathfinder work • LA survey • LA cuts • National offer • MQ

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