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Support and Aspiration Implementing the reforms to special educational needs and disability. Zoe Westley Head of Social and Education Inclusion. 22nd January, 2014. Where are we in the legislative process?. Green Paper Published: Mar 2011 Draft Children & Families Bill: Sept 2012
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Support and Aspiration Implementing the reforms to special educational needs and disability Zoe Westley Head of Social and Education Inclusion 22nd January, 2014
Where are we in the legislative process? • Green Paper Published: • Mar 2011 • Draft Children & Families Bill: Sept 2012 • Regs/Code: Oct 2013 • Royal Assent : Feb 2014 • Law: September 2014 The Government Houses of Parliament London, England Houses of Parliament
A summary of the reforms • A new 0-25 co-ordinated assessment process and single Education, Health and Care Plan • New Rights and Protections for 16-25 year olds • The option of a personal budget for all families with children with an EHC Plan • Local authorities and other services setting out a local offer of all services available • A new approach to identifying SEN through a single Early Years setting-based category and school-based category of SE • A new duty on health to provide services detailed in EHC plans
Pathfinders • 20 pathfinders, made up of 31 local authorities • September 2014 – scale up & support • Key role in informing new legislation • Informing regulations and SEN Code of Practice
Co-ordinated assessment and single EHC plan • Children, young people and their families at the centre of the process • A “tell us once” approach to sharing information • Use of person centred and key working approaches • Plans focused on outcomes (short and long term) with detailed an specific provision requirements • More streamlined but time invested in joint agreement on key outcomes • Takes time, energy and determination Emerging principles from the Pathfinders
Emerging principles from the Pathfinders Personal budgets • Development of an indicative budget for all EHC plans • Exploration of funding streams where choice and control can be offered • Use of notional budgets and direct payments Local offer • Informative and helpful, not just a directory of services • Collaborative development with families and young people • Easily accessible
Supporting You: Information & Partners • SQW evaluation reports & impact evaluation • Pathfinder Information Packs (www.SENDpathfinder.co.uk) • Council for Disabled Children • Delivery Partners:- Early Support - National Parent Partnership Network - National Network of Parent Carer Forums (NNPCF) - Contact a Family - Preparing for Adulthood - Achievement for All
The Draft SEN Code of Practice • 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
The assessment process – an example Stage One: Request 6 weeks
The assessment process – an example Stage Two: Assessment 8 weeks
The single EHC Plan – an example • Part One: Personal details • Part Two: • - a personalised profile of the child • - the child’s current needs • Part Three: • - the support the child needs to succeed and achieve • - the child’s support plan • - education placement • - who’s involved • Part Four: Agreeing the plan
The single EHC Plan – an example • Belongs to the child and family, not professionals • Optional picture • Legalistic aspects moved
The single EHC Plan – an example Part Two: All About Me • Optional use of first person • What do people like and admire about the child? • What’s important TO and FOR them? • What’s working and what’s not working?
The single EHC Plan – an example Part Three: The Support Plan • Focuses on outcomes • Detailed provision to support progress • Frequency and provider of support • Annual cost • Funding agency
Personal Budgets What’s the Problem?
Legislation Children and Families Bill, Clause 49 and the Draft SEN Code of Practice, Section 7.12 • A personal budget is “an amount of money identified by the LA to deliver some or all of the provision set out in an EHC plan”; • An LA must prepare a PB when requested by a child’s parents or young person, when they have an EHC plan or statutory assessment indicates that an EHC plan is required; • “Early discussions” about personal budgets should be part of the statutory assessment process.
Legislation Children and Families Bill, Clause 49 and the Draft SEN Code of Practice, Section 7.12 • LAs must provide information about SEN provision and Direct Payments; • The decision making process to establish and agree a budget should be clear and must be open to challenge, with parents able to request a review; • Personal budgets should reflect the holistic nature of an EHC plan and be based on clear and agreed outcomes.
Principles Personal Budgets • Should be an integral part of the EHC process to empower creative solutions; • All decisions should involve the family/young person; • Should allow families and young people to manage agreed elements of their support – either themselves of with the help of a third party; • Should support greater family resilience; • Should have effective monitoring and audit arrangements.
Types of Personal Budget • Social care: budget made available if it is clear that a child or young person is assessed as needing additional and individual support at home and when out and about in the wider community; • Health: budget made available should a child or young person have complex, long-term and/or life-limiting conditions or to help with equipment costs or other health services; • SEN (or Education): made up in whole or in part by top-up funding to meet a child or young person’s outcomes as specified in their EHC plan.
Delivery mechanisms There are 4 ways that a personal budget can be delivered: • Notional budget • Direct Payment • Third party arrangement • A combination of the above
Useful Resources • SEND Pathfinder Information Pack (Personal Budgets, version 2): http://www.sendpathfinder.co.uk/infopacks/ • Support and Aspiration: Introducing Personal Budgets (InControl and SQW): http://www.in-control.org.uk/what-we-do/children-and-young-people/publications/children%27s-programme-publications/support-and-aspiration-introducing-personal-budgets.aspx • Evaluation of the Individual Budget pilot: https://www.gov.uk/government/publications/evaluation-of-the-extended-individual-budget-pilot-programme-for-families-with-disabled-children-the-extended-packages
Useful Resources • Evaluation of the Personal Health Budgets pilot: http://www.personalhealthbudgets.england.nhs.uk/Topics/latest/Resource/?cid=8603&excludepageid=2289&msg=0 • Personal Health Budgets toolkit: http://www.personalhealthbudgets.england.nhs.uk/topics/toolkit/ • Making it Personal – A Guide for Commissioners (KIDS and OPM): http://www.kids.org.uk/files/107588/FileName/MIP_commissionersguidance_final_Oct2012.pdf