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Indicative Draft: The (0-25) Special Educational Needs Code of Practice, 2013. Paramjeet Singh Bhogal Educational Psychologist. Who in school is the only person who needs to have a formal educational qualification?. Draft code contents:. 7. Resolving Disputes. 1.What’s new?.

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indicative draft the 0 25 special educational needs code of practice 2013

Indicative Draft: The (0-25) Special Educational Needs Code of Practice, 2013

Paramjeet Singh Bhogal

Educational Psychologist

Paramjeet Singh Bhogal. Newcasle EPS 2013


Draft code contents:

7. Resolving Disputes

1.What’s new?

2. A Family Centred




Special Educational Needs

From 0 – 25 years

3. Joint Planning & Commissioning

6. Assessments Education Health & Care Plans

4. The Local Offer

5. Providers in schools, colleges, early years & others

chapter 1 a new system for sen
  • Children & young people to be at the heart of the system
  • Close co-operation between all of the services that support children & families
  • Early identification of children and young people with SEN
  • A clear & easy to understand local offer of education, health & social care services (EHC)
  • For the most complex needs, a co-ordinated assessment and 0-25 EHC plan
  • A clear focus on outcomes for EHC plans anticipating the support they need for a clear pathway through education to adulthood, paid employment and independent living
  • Increased choice, opportunity & control for parents and young people and the offer of a personal budget for those with an EHC plan
chapter 1 new or remaining the same
  • This is an unfinished document (even as a draft) and has left so many crucial issues hanging in the air
  • Statutory process including Education/Health/Care assessments but child must be shown to have SPECIAL EDUCATIONAL NEEDS
  • Definition of SEN exactly as in the current Code of Practice
  • Disability – if they have a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day to day activities.
  • A child may be disabled and not have SEN
  • A child may have SEN and not be disabled
  • A child with significant care needs (requiring high levels of intervention) may or may not have SEN.
chapter 2 parental involvement
  • Local Authorities must ensure that parents are involved in:-
    • Planning and reviewing the Local Offer
    • Reviewing special educational and social care provision
    • Drawing up individual EHC plans, in reviews and reassessments
  • Person centred planning should be used universally
    • Focus on child/YP not their needs or diagnostic label
    • Using ordinary language/images not professional jargon
    • Actively highlight strengths & capacities
    • Strengthen the voice of the person and carers) about their achievements, outcomes and ambitions
    • Tailoring support and personal budgets around the person’s plan
  • Parent Partnership services should be available to all parents of children with SEN
  • The role of Parent Carer forums should be developed further
chapter 2 parents carers
  • Parent Partnership Services
    • Confidential service for parents offering impartial advice & guidance
    • Staff trained in the legal framework to advise parents (leaflets, website other languages)
    • Additionally trained volunteers to help parents including support for SEN tribunals
    • Clear terms of reference, development plan of needs & priorities
    • Provide support & training to help parents actively participate in local strategic groups
    • Be located physically separate from the local authority
  • Parent Carer Forums
    • Working alongside professionals
    • Engaged in a way which is valued, planned & resourced
    • The forum offers proactive and on-going leadership
    • The participation of parent carers is evident at all stages in the planning, delivery & monitoring of services
    • Genuine partnerships working & user/provider experiences are co-presented
    • Contribution of parents is professionally valued
    • There are clearly described roles for parent representatives
    • Plans are in place for recruitment and training
chapter 3 education health care joint commissioning co operation
Chapter 3: EDUCATION, HEALTH & CAREJoint commissioning & co-operation
  • Children & Families Bill places a duty on Local Authorities (LAs) and Clinical Commissioning Groups (CCGs) to work together to ensure the Wellbeing of children and young people i.e.
  • LAs & CCGs must work together to commission services for children with SEN both with and without Education Health Care (ECH) plans
  • Joint commissioning should
    • secure EHC assessments
    • Secure education, health & care provision
    • Agree Personal budgets
  • There should be a Designated Medical Officer
    • Co ordinate the role of the health body in statutory assessment
    • Lead on health on strategic planning with social care & education
    • Provide or access to specific medical advice about children with SEN
    • Be an identified, qualified & registered medical practitioner with specialist training & knowledge in SEN
chapter 3 education health care joint commissioning co operation1
Chapter 3: EDUCATION HEALTH & CAREJoint commissioning & co-operation
  • Social Care Services have a number of duties & responsibilities
    • Provide early years providers and schools with a contact for provision of social care advice on children with SEN
    • Co-operate on the setting up of the Local Offer
    • Undertake their duties to identify children with SEN
    • Respond to requests for advice on EHC plan within time limits
    • Make available social care provision specified in the plan
    • Undertake reviews of children with EHC plans where there are social care needs
    • Any other duties as yet to be identified
  • Social Care Departments may designate a specific officer to act as a single point of reference and coordinate the departments responses
chapter 4 the local offer
  • Local authorities must publish, in one place, information about provision they expect to be available in their area for children and young people from 0-25 who have SEN
  • The local offer must be underpinned by local authorities and clinical commissioning groups agreeing on local provision & the priorities of the local Health & Wellbeing boards
  • Children, young people & families should be involved by local authorities in:-
    • Planning the content
    • Deciding how to publish the local offer
    • Providing feedback on services in the local offer
  • Should have 2 key purposes
    • To provide clear, comprehensive information about support and opportunities available
    • To make provision more responsive to local needs and aspirations by directly involving children & YP with SEN and parents & carers in its development
  • The local offer should be:-
    • Engaging
    • Accessible
    • Transparent & comprehensive
chapter 4 the local offer1
  • What must be included:-
    • Education, health and care provision for children & YP with SEN
    • Arrangements for identifying and assessing children & YP with SEN
    • Other education provision (outside schools & colleges)
    • Training provision including apprenticeships
    • Arrangements for travel to and from schools, post 16 provision and early years providers
    • Support for children and young people moving between phases
    • Supported preparation for adulthood including preparation for employment, independent living & community participation
    • Information, advice & support from the LA about support for families with children with SEN
    • Information about making complaints and being supported in conflict resolution
chapter 5 settings early years schools colleges etc
Chapter 5: SETTINGS Early Years/Schools/Colleges etc
  • Improving outcomes for all – high expectations for children and young people with SEN
  • All teachers are teachers of children with SEN
  • The majority of children with SEN should have the choice of being included in mainstream education
    • The majority will be seen as having Additional Educational Needs (AEN) and be supported accordingly
    • A minority will have a specialist assessment and be provided through an Education Health & Care Plan
  • Early identification of SEN is a priority
    • From birth
    • Early years
    • Emergent conditions
  • There are 4 primary areas of SEN
    • Communication & Interaction
    • Cognition & learning
    • Emotional, social & behavioural development
    • Sensory &/or physical
chapter 5 settings early years schools colleges etc1
Chapter 5: SETTINGS Early Years/Schools/Colleges etc
  • All teaching & learning establishments have a responsibility to identify those children & YP who will have SEN and to provide them with Additional SEN support (after ensuring that this is not due to poor teaching or poor attendance)
  • Schools will fund this support from their delegated budget
  • Schools will be expected to ensure that support is directed as appropriate and separate:-
    • Those children & YP who need support to catch up with their peers
    • Those who need a more tailored approach to address a specific SEN which is impacting on their ability to learn
  • External support and guidance will be available from:-
    • Educational Psychologists ( EPS)
    • Specialist support teachers or support services (Inclusion Services)
    • Child & Adolescent Mental Health Services (CAMHS)
    • Behaviour Support Teams (BAS)
    • Youth Offending Teams (YOT)
    • Therapy Services (Speech & Language, Occupational & Physiotherapists)
chapter 5 settings early years schools colleges etc2
Chapter 5: SETTINGS Early Years/Schools/Colleges etc
  • All schools must ensure they have an experienced qualified teacher as SENCO who works closely with the Head & Governors to :-
    • Oversee the day to day operation of the school’s SEN policy
    • Co-ordinate provision for children with SEN
    • Collaborating with curriculum co-ordinators so that learning for all children is given equal priority
    • Liaise with, advise & contribute to in service training of teachers & support staff
    • Liaise with relevant teacher for looked after children if the child has SEN
    • Advising on a graduated approach to providing Additional SEN Support
    • Ensuring all records of children with SEN are kept up to date
    • Liaising with parents of children with SEN
    • Being a key point of contact and liaising with other phase providers, external agencies, health and social care agencies and the local authority
    • With parents and potential next provider liaising to ensure a smooth transition
    • ensuring with the Head & governors that the school meets its responsibilities under the Equality Act (reasonable adjustments and access arrangements)
    • The SENCO is responsible for ensuring that the school can track and record the support plans and decisions for all children with SEN
    • SENCO’s can be most effective when part of the senior management team
chapter 5 settings early years schools colleges etc3
Chapter 5: SETTINGS Early Years/Schools/Colleges etc
  • Children with Health needs should receive the same education as other & it is the duty of the Local Authority to make this provision (no reference to health providers here !!)
  • Young offenders should continue their education in custody and information about their SEN shared with education providers
  • Further information to be developed on:
    • Children of service personnel
    • Home education
    • Looked after children
    • Virtual school head
    • Children in need
chapter 6 assessments education health care plans
Chapter 6: ASSESSMENTS Education Health & Care Plans
  • Statutory assessments of education, health and care needs will take place for those few children and young people with complex SEN
  • Most (but not all) will then have an Education, Health & Care Plan (EHC)
  • Timescales
    • Whole process maximum of 20 working weeks (currently 26)
    • LA must respond to any request within 6 weeks
    • When LA requests advice, advice givers must respond within 6 weeks
    • Families have to be involved throughout the process and are given 15 days to consider & give their views on the final draft of the EHC Plan
  • Exemptions
    • School holiday periods and a late request by the LA
    • Exceptional circumstances which effect the child or parent
    • The child, parent or young person is absent for 4 weeks during the 6 week period
    • Child or parent fails to keep an appointment
chapter 6 assessments education health care plans1
Chapter 6: ASSESSMENTS Education Health & Care Plans
  • Requesting an Assessment
    • Parent or young person
    • School or post-16 providers
    • Other professionals e.g. health & care professionals, YOT & education in custody providers
  • Considering whether an assessment is necessary

LAs should take account of the following:-

    • Views of child, YP and parents
    • Evidence of academic attainment & progress
    • Education providers evidence of the nature of the child’s SEN
    • Evidence of action taken by the education provider
    • Evidence that progress is due to Additional SEN support in place
    • Evidence of the child’s physical, emotional social development and health needs
    • With 18 + whether staying in education would help them make a successful transition into adult life
chapter 6 assessments education health care plans2
Chapter 6: ASSESSMENTS Education Health & Care Plans
  • Conducting a co-ordinated assessment. In doing this children, parents & YP should experience a straightforward and joined-up process which leads to timely, well-informed decisions
    • Children, YP & families should be at the centre of the process
    • Assessment should be as streamlined as possible
    • “tell us once” approach to information sharing
    • Information shared across agencies
    • Multiple appointments co-ordinated
    • Local education , health & care services must work together to plan shared services
    • Where services identified early as being needed, they should not be delayed till the end of the assessment
    • Practitioners in all services should be committed to a different way of working with parental empowerment as a core value
    • Local authorities must support families with difficulties such as providing key workers
    • Assessment and planning should be an on-going process
chapter 6 assessments education health care plans3
Chapter 6: ASSESSMENTS Education Health & Care Plans
  • Advice for EHC assessments LAs must seek advice from :-
    • The education provider
    • Where the child has sensory difficulties a specialist teacher
    • Medical advice from a person(s) nominated by the Clinical Commissioning Group
    • Psychological advice from an Educational Psychologist
    • Social care Professionals within the LA
    • Any other provider e.g. YOT, probation, services children providers etc
    • Anyone else family or YP thinks relevant e.g. family support worker
  • Young people aged 19-25
    • Any YP 19-25 may request an assessment
    • Some may not need this as it is not in their interest to continue their education
    • Others with complex needs which are primarily health or social care may not need an EHC assessment and are best provided by continuing Adult health or Social care provision
chapter 6 assessments education health care plans4
Chapter 6: ASSESSMENTS Education Health & Care Plans
  • Preparing an Education Health Care Plan

Principles to apply

- decisions should be transparent & involve child, YP & family

- plans should be clear, concise, readable & accessible to parents, children YP & providers/practitioners

- plans should be person-centred, evidence-based & focussed on outcomes

- outcomes should be short-term & aspirational for the YP

- the delivery of a service is not an outcome (it is what the service is doing)

- outcomes need to be specific, measurable, achievable & time bound

- plans should be specific about the interventions that will make a difference

- plans must relate to the teaching and learning context in which the child may be educated

- resources should be quantified (level of support and who provides it)

- EHC plans should be generic and applicable in any local area

- plans should be “forward looking” anticipating, planning & commissioning for important transition points in the YP’s life

- the contents of the EHC plans should be used by the LA to inform strategic planning

- EHC plans should also explore how informal (family & community) resources can be used to support the child and family

chapter 6 assessments education health care plans5
Chapter 6: ASSESSMENTS Education Health & Care Plans
  • Contents of an EHC plan Although determined locally it needs to be clear and transferrable to another authority

Standard contents are as follows

    • Views ,interests & aspirations of the child, YP and their family
    • The Child or YPs SEN
    • The outcomes sought for him/her
    • The Special Educational Provision required by him/her (where this is being met by Direct Payments (DP) the needs & outcomes to be met by DP should be specified)
    • Any Health & Social Care provision required
    • Any additional provision e.g. support to find employment, housing or participation in society
    • The name of the school, nursery, post-16 establishment or other institution to be attended by the child or YP
  • Issues
    • SALT is generally seen as an educational and only exceptionally a health need
    • EHC plans are seen as a way for LAs to continue care support for vulnerable YP beyond 19 years and develop more planned transition into adult service
chapter 6 assessments education health care plans6
Chapter 6: ASSESSMENTS Education Health & Care Plans
  • Choice of school, college other provider
    • Parents can choose any educational provider
      • Maintained school (mainstream or special), Academy or Free School
      • Special Academy or Special Free School
      • Non-maintained Special School
      • FE or Sixth Form College
      • Independent School or Independent Specialist College (approved by Sec of State)
    • Local Authority must comply with parental choice unless
      • It’s considered unsuitable for the age, ability, aptitude or SEN of the young person or
      • The attendance there would be incompatible with the efficient education of others ; or the efficient use of resources
  • Transport
    • LA can name a nearer school that the one parents prefer unless the parents meet the transport costs
    • Transport should only be included in the EHC plan in those exceptional cases where the child has specific transport needs
    • LAs will have transport polices applying to all children with SEN and should not be used to limit parental choice of school
    • Transport costs may be provided as part of a personalised budget
chapter 6 assessments education health care plans7
Chapter 6: ASSESSMENTS Education Health & Care Plans
  • Personal budgets
    • This is the amount of money identified by the LA to deliver all or some of the provisions set out in the EHC plan covering health, care and educational provision
    • They should be based on clear, agreed outcomes
    • Parents & YP can request a personal budget once a EHC plan is established
  • What can be included in a personal budget
    • Funding from health, social care and education sources either pooled generally aor case specific
    • Related to specific additional needs beyond that which is provided through the high needs block funds in schools
    • Funds delegated to schools will not generally be available for use in a personal budget
    • Personal budgets must not be used to fund a school place
  • Mechanisms for delivering the personal budget

Parents should be given the following three options for this:-

a. notional arrangement –the LA retains the funds but the parent/YP directs its use

b. third party arrangement – funds paid to an individual/organisation on behalf of the parent/YP and they manage the funds

c. direct payments – where parents/YP receive the cash to purchase services themselves (some parents may be prohibited form this way of payment)

chapter 6 assessments education health care plans8
Chapter 6: ASSESSMENTS Education Health & Care Plans
  • Maintaining an EHC plan
    • All staff working with the child must be aware of the EHC plan
    • Local authorities are responsible for the special educational provision
    • Clinical commissioning groups are responsible for the health provision stated in the plan
    • Annual reviews are required
    • Re-assessments can take place after 6 months
  • Transitions
    • Reviews should be completed by mid-February of the year of transfer
    • Transition to adulthood should be made early enough for support to be planned
    • The focus should be on the support needed for continued education, work & independent living
    • Continuing an EHC plan will depend on the nature of support needed to continue education
  • Ceasing an EHC plan
    • That the LA are no longer responsible for the child/YP because they have moved out
    • SEN is no longer required
    • A YP over 16 takes up paid employment (excluding apprenticeships)
    • A YP enters higher education
    • A YP over 18 leaves education
chapter 7 resolving disputes
  • Early resolution
    • The expectation is that LAs & CCGs work together to resolve disputes
    • When this fails parents/YP can appeal to SEND Tribunals
    • They will then be offered mediation
  • Disagreement resolution services (DRS)
    • LAs must arrange for Disagreement Resolution Services to be available
    • LAs are responsible for the overall standard of the service
    • There should be clear funding and parents/YP should not be charged
    • LAs must ensure the service is impartial & independent of the LA
    • DRS must have a developmental plan
    • LAs must make the service and the way it works available to parents
    • LAs must ensure that the operatives are suitably qualified and aware of the SEN process
    • LAs should set out service level agreement and regularly review the service
    • Data from the service should be used to influence SEN policy development
chapter 7 resolving disputes1
  • Mediation
    • Parents & YP will not be allowed to appeal to the SEND tribunal unless they have approached an independent mediator
    • Having done this (even when they don’t participate in mediation) they will be given a certificate to enable them to go to the SEN tribunal
    • They don’t have to go to mediation when appealing about the named school or any Disability Discrimination case
  • Appeal to SEN tribunal
    • Parents/YP must appeal within 2 months
    • LAs decision not to Assess/not to make an EHC plan
    • The description of the SEN , provision needed or suggested school
    • LAs decision not to amend or replace an EHC plan
    • LAs decision to cease an EHC plan
    • SEND Tribunal can dismiss, order assessment, make a plan, or make amendments to the plan
  • Disability Discrimination Claims
    • Parents/YP can make DDA claims if they feel they or their children have been discriminated against by schools or LAs in delivering their educational functions
    • They must appeal within 6 months of the alleged offence
the end what next
THE END …..? What next …

Thanks for listening

Any questions & discussion ….