Implications of new SEN Code of Practice (Including changes to Appendix B)

1. Implications of new SEN Code of Practice(Including changes to Appendix B) September 2014

2. Objectives • To understand the changes to practice and actions required to implement the new SEN Code of Practice • To understand how to meet the statutory requirements to produce an SEN information report/SEN Policy • To understand how to transfer existing Statements to EHC Plans • To understand Personal Budgets • To understand how to apply for an EHC Plan in the future.

3. Legal framework • Children and Families Bill, Part 3 – received Royal Assent on March 13th 2014 and is now an Act of Parliament (law) • Legislation relating to this Act comes into force on September 1st 2014 • The legal framework is contained within the associated regulations, the Code of Practice and other related documentation from the DfE. • See Useful Links hand out

4. Post September 2014 • Definition of SEN remains the same • 2 categories – SEN Support and SEN with EHC Plan • Definition of SEN Support will vary and is at discretion of school/setting. Generally means provision that is needed where highly differentiated and high-quality teaching is not enough to meet the needs of some pupils. • ASSESS, PLAN, DO AND REVIEW

5. Consultation with pupils and parents • SEND guide for parents (see Useful Links hand out) • Consultation is key • Gathering pupil views and parent views • Consult on policy • Collaborate at every stage • Increased requirement to report (3 x per year)

6. Independent support for Parents • There must be independent support available to parents. • Kent Parent Partnership http://www.kent.gov.uk/education-and-children/special-educational-needs/support-and-advice/kent-parent-partnership-service • Kent Parent Carer Forum website www.kpcf.co.uk • M4S currently recruiting independent supporters www.m4s.org.uk • The LA has published details of Independent Supporters and their contact details on Kent.gov.uk

7. SEN register • Inform parents of any changes • See draft letters • Inform staff of changes and ensure parents get consistent messages from ALL staff in the school. • Consider how you will do this and how your staff will make use of this information?

8. SEN Policy/SEN Information report SEN Policy/SEN Information Report can be found at: http://www.kelsi.org.uk/pupil_support_and_wellbeing/targeted_support/sen_and_disabilities/sen_forms.aspx • Key aspects: • User friendly language, • SEN Governor and Governor responsibility, • Consultation with parents, • Accessibility Plan • Publish on website

9. Transfer of Statements to EHC Plans • The LA intends to transfer all mainstream Statements to EHC Plans in 2014-15 • The transfer review will take the place of Annual Review and will result in the creation of an EHC Plan that will remain in place until 25 or until discontinued. • School must notify Area SEN office to send formal letter of transfer. The 14 weeks timeframe commences from date of letter. • Remember: Schools are NOT writing legal documents. The school is making a recommendation to the LA which it will adopt and will maintain responsibility for in law.

10. Transfer of Statements to EHC Plans • Create timetable that reflects the current Annual Review timetable – spread the workload but meet statutory deadlines. Prioritise Yrs R, 2, 5, 7 and 14 this year (and leavers in Yrs 11,12 and 13). • Inform all concerned of dates and give Health at least 8 weeks notice for report/visit/attendance. • Request electronic version of all Statements – must be password protected documents and issue formal notice. • Familiarise yourself with documents and read guidance version • Complete Transfer within 5 weeks of start of process (issue of letter) and send to Area Office.

11. Timescale for transfer Transfer minus 8 weeks – set meeting date, notify health and request reports from SS etc • Formal Notice to parents giving at least 2 weeks notice (Wk 1-3) • Transfer Review held (Wk 3) • Written Report (draft plan) sent to SEN (Wk 4-5) • Quality Assure the draft plan (Wk 6-9) • Draft Plan to parents for comments (WK 9) OR Decision not to issue plan • Parents opportunity to consider (Wk 10-11) • Checking parents views and finalising the plan (Wk 11-13) • Finalise (Wk 14)

12. Timeline for Transfer (Mainstream)

13. Transfer of Statements to EHC Plans • Schedule meetings – beware of meeting overload/exhaustion • Gather all relevant documentation but remember, this is not a re-assessment • Request up-to-date reports • Start to gather pupil and parent views (this can be done well in advance of the transfer meeting).

14. Transfer of Statements to EHC Plans • Section A • Pupil and parent views – these should include aspirations for the future as well as current interests, strengths and views • Summarise how the pupil communicates best, their history and make clear whether the views are those of the child directly; whether they are being quoted or their views represented Discuss Pupil and Parent Views Appendix 1.

15. Mental Capacity Act

16. Transfer of Statements to EHC Plans • Section B. • Consider whether primary need/description of pupil needs remains accurate – update with new diagnoses etc. • Describe child/young person’s needs in order of priority. Include Health and Social Care provision if these educate or train the child/young person

17. Section B

18. Transfer of Statements to EHC Plans • Section C • Specify any health needs identified which relate to the child/young person’s SEN

19. Transfer of Statements to EHC Plans • Section D • Specify Social Care needs where these relate to the child/young person’s SEN or which require provision for a child/young person under 18 under Section 2 of the Chronically Sick and Disabled Persons Act 1970 • Include reference to any CP/CHIN plans but not full detail

20. Transfer of Statements to EHC Plans • Section E • Outcomes sought for the child/young person • A range of outcomes over varying timescales covering education, health and social care. • Could be cut and paste of previous Statement objectives if they remain relevant • Could require writing from new

21. What is an outcome? • Outcomes should be focused on education and training, health and care. They should be designed to ensure that children/young people can progress in their learning and, as they get older be well prepared for adulthood. • Outcomes should always enable children and young people to move towards long-term aspirations of employment or higher education, independent living and community participation.

22. What is an outcome? • An outcome can be defined as the benefit or difference made to an individual as a result of intervention. • It should be personal and not expressed from a service perspective • It should be something that those involved have control and influence over • It should be SMART

23. What is an outcome? • Where an outcome is focused on education or training, it will describe what the expected benefit will be to the individual as a result of the education or training intervention provided.

24. For instance Aspiration (Section A) – I want to be able to read so that I can pass the test to be a train driver when I am older. Outcome (Section E) – X will be able to read the first 100 high frequency words by the end of Key Stage 2.

25. What is an outcome? • When composing Outcomes it is important to consider both what is important to the child/young person and what others consider important for the child/young person. • Outcomes will usually outline what will be achieved by an end of phase or stage of education – it must be related to the provision the school will make or that recommended by Health/Social Care. • From Yr 9 onwards the nature of the outcomes will reflect the need to ensure young people are preparing for adulthood.

26. Provision to achieve the outcomes • Section F - Provision Plans • Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise. • Provision must be specified for each and every need described in Section B • Where Health or Social Care provision educates or trains a child/young person, it must appear in this section

28. Links to funding explained • The provision you are making will be likely to meet or exceed the 6K mandatory funding; make sure that your Provision Plan includes evidence of this expenditure. • At each subsequent Annual Review you will need to evidence the impact of that spending.

29. Personal budgets • Local Authority Policy is being developed and will be published as part of the Local Offer on kent.gov.uk. Key Points: • All have the right to request a personal budget • A personal budget can be notional – i.e. If all funds have already been allocated in order to meet the needs and outcomes then there will be no opportunity to access a direct payment as part of a personal budget • In a small number of cases the personal budget will be a direct payment

30. Personal Budget It’s not about; • Transferring money from schools to parents • Allowing parents to dictate to schools who they employ or how the money is spent

31. Making application for Statutory Assessment • Application(school referrals) is ONLY through LIFT • At LIFT, decision will be taken to recommend assessment or to recommend further SEN Support in school • Schools will have to present evidence in much the same way as they do now, evidencing the impact of provision, (ASSESS, PLAN, DO AND REVIEW) but with greater emphasis on demonstrating that Mainstream Core Standards have been met.

32. Informed Consent re Transfers • Must sign up to Kent and Medway information sharing agreement • must get informed consent • must use new documentation

33. Informed Consent for new requests • sign up to Kent and Medway agreement  as above if not already done • Get consent - no consent no SA   • Consent needed before you go to LIFT • Young  people as defined in the Act need consent from them or they need to request a SA • informed consent means explaining what information we will seek, that the LA MUST seek if from those as outlined in the regulations (i.e. parent/carer/YP, school/education provider, educational psychology and so on ) it is important that families and YP recognise the no opt out clause (unless there is a safeguarding issue )and that the information we gather may include information about the whole family (including absent parents/step families for example) Child protection plans and so on

34. Appendix 2 Discuss differences between Appendix B and Appendix 2 Consider guidance notes and discuss

35. Checklist • Review SEN Register – inform parents and staff • Create Vulnerable Register so that vulnerable non-SEN pupils are not overlooked • Discuss SEN Policy/Information report with GB and agree consultation method • Create timetable for transfer of Statements (prioritise Years R, 2, 5, 7, 14) and alert all involved (Health, Social Care, Parents etc) • Request electronic version of Statements plus issue of notice

36. Checklist contd. • Lead staff meeting on changes to Code of Practice and alert teachers to roles and responsibilities. Invite governors to attend. • Draft SEN Policy/SEN Information Report and consult with parents • Analyse feedback from parents – make necessary adjustments and formally adopt. • Publish SEN Policy/ SEN Information Report on school website