A new Landscape for SEN and disability – the Children and Families Act 2014

Matthew Dodd, March 2014

NAHT special schools, specialist and alternative provision conference

Where are we in the process?

SEND reform

2010 Aut Ofsted review: A statement is not enough DfE call for evidence

2011 Mar Support and Aspiration: A new approach to SEN and disability

2011 Sept Pathfinders started

2012 May Support and Aspiration: A new approach to SEN and disability: Progress and Next Steps

2012 Sept Draft provisions

2012Sept - Dec

Pre-legislative scrutiny by Education Select Committee

SEND reform

2012 Dec Education Select Committee publishes reportPathfinder extension announced

2013 Feb Children and Families Bill introduced into Parliament

March 2014 Royal Assent

2014 Spring Regulations Final Code of Practice laid before Parliament

2014 Sept Implementation

Principles – Section 19

• The importance of taking into account the views of parents and children

• The importance of parents and children participating in decisions

• The importance of supporting parents and children to participate fully in these decisions

• Focus on outcomes for the child or young person

Definitions and scope

• SEN definition the same

• Distinction between children and young people: – Young person over compulsory school age

but under 25– Legal entitlements transfer from parent to

young person

Local integration of health, care and education

• Duties to integrate services

• Duties to put in place joint commissioning arrangements with health

• Duties to cooperate

The local offer

• Information on the education, health and care services a local authority expects to be available

• Includes services available outside the local area

• Includes what schools provide from their delegated budgets

Education, health and care assessment & plans

• EHC plans replace statements– Threshold for assessment the same– Threshold for plan the same

• Education providers will still be named in EHC plans

• EHC plans extend to FE and training – 139A assessment replaced – Could continue in an apprenticeship or if

‘NEET’

• EHC plans can be maintained until a young person is 25

- based on whether someone needs additional time to complete their education

• Duty to secure the educational provision set out in EHCP same as in statement of SEN

• There will be enforceable elements of health and social care that must be recorded in EHC Plans

• Rights of appeal the same, but include FE

SEN reformsTrue or false

The new Code of Practice will abolish School Action and School Action Plus and replace it will a single school stage

True. The single school stage will be called ‘SEN support’.

Most children currently on School Action will no longer be entitled to extra support from September 2014.

False. The legal definition of SEN has not changed. Unless their needs have changed, all children who currently have SEN should still be receiving provision once the new Code comes into force.

After September 2014, no new statements will be issued

True. Any child or young person who receives a statutory assessment after September 2014 will, if eligible, receive an Education, Health and Care plan not a statement of SEN

All statements will end inSeptember 2014

False. From September 2014 there will be a transitional period as statements are transferred to EHC plans. A statement will remain valid until an EHC plan has been developed, or is agreed to be no longer necessary.

Each school will have to prepare their own local offer by September 2014

False. Local authorities will have to set out what schools provide. Schools must cooperate with the local authority

What can you What can you do to prepare?do to prepare?

Pressing issues

• Involvement in the local offer

• Arrangements for transition from statements to EHC plans

Information on schools in the local offer

• Local authorities must include in their local offer information on what schools provide

• Schools must cooperate with the local authority

• Local authorities will seek information on how schools use their SEN funding

• Local authorities must consult schools about other services in the local offer

• Schools can use this opportunity to identify if there are any gaps in provision and inform the local authority as part of the review of the local offer

Schools could…

• Review what they currently provide from their delegated budget

• Consider how they might want to influence services commissioned by health and/or the local authority

• Develop links with the relevant officer in the local authority and inquire about initial publication of the local offer

Arrangements for changing statements into EHC plans

• The Government will set out regulations on the process for converting all statements to EHC plans (probably over 3 years)

• This will probably happen at the Annual Review stage of each statement

• Certain year groups will be prioritised. In Autumn 2014, it is likely this will be children in Year 6 who have a statement

Schools could…

• Engage with local authority to:

– Find out what role schools are expected to play in converting statements to EHC plans.

– Find out which year groups are likely to have priority.

– Identify the individual children with statements who may need to move to an EHC plan in Autumn 2014

What three things will you do?