Introduction to the Children and Families Act 2014

Laxmi Patel12 June 2014

Part 3: Children and young people

in England with SEN

(special educational needs)

Children and Families Act 2014

New regulations and guidance

• All are currently in draft form

• New Code of Practice

• Various draft regulations on appeals, local offers, pilot schemes on appeals by children

Education, Health and Care Plans

• One document replaces Statements and LDA’s 0-25 years

• It ‘may’ list provision in all three areas

• Only education sections can be challenged to the tribunal

• EHC Needs Assessment – is an assessment of “educational, health care and social care needs of a child or young person” s36(2)

• EHC Plan where “it is necessary for SEP to be made” s37(1)

What are EHC Plans? (1)

The Plan must specify SEN, outcomes, SEP, any

health and social care provision reasonably

required by the learning difficulties and

disabilities which result in the SEN s37(2)

What are EHC Plans? (2)

How long do EHC Plans last?

• May last from birth to the end of the academic year during which the young person reaches 25 s46

• Will stop where the child or young person no longer needs the SEP in the plan s45

Time scales (1)

• Whole assessment from request to end must be max 20 weeks subject to exemptions

• Response to request for EHC assessment – max six weeks

• LA request for information – must respond within six weeks

Time scales (2)

• If following assessment the LA decides not to issue EHC they must inform parents within 16 weeks

• Parents/young people must be given 15 days to respond on draft

Drafting of EHC and responsibility for provision

• Need to be clear: SMART (para 7.9 draft CoP)

• What it should contain (guidance p103-104 draft CoP)

• Responsibility of provision – if SEN, ultimately lies with LA (para 7.19 draft CoP)

Implementing the EHC (1)

• Duty to admit if named: maintained school, academy, FE institution, non-maintained special school, institution approved by SoS under s41

• Duty on LA to “secure SEP” and on CCG to arrange health care s42

Implementing the EHC (2)

LA must name a mainstream placement

unless the child or parent does not want this

or if it affects the efficient education for others

AND no reasonable steps can be taken to

prevent that incompatibility s33

Review of the EHC Plans

• Under five years – review every 3-6 months

• Over five years – review annually

• Review date on transfer remains 15 February

Ceasing EHC Plans

• Post 18 - stops once in higher education

• 16 or over - if working (excluding apprenticeships) then EHC will automatically stop

New Code of Practice (1)

• SEN CoP – 0-25 years: still in draft

• Provides guidance on how education, health and social care will work together

New Code of Practice (2)

• School Action/Action Plus replaced by a graduated response

• Critics say less detailed

• Involve specialists where child makes little or no progress over sustained period

FE Colleges

• Duty on FE college to admit student if named in EHC plan and have regard to new CoP

• FE college to use ‘best endeavours’ so young people with SEN have access to wide range of study programmes and support

Transition

• Current CoP and legislation still applies

• Three year transition for SSEN

• All new requests for assessment after 1 September 2014 will be considered under new legislation

Local offer (1)

LAs must publish information about:

• Provision it expects to be available in the area for children and young people with SEN or a disability

• Provision available outside its area for children for whom it is responsible and who have a disability

Local offer (2)

Will include:

• Education, health and care

• Other training provision

• Home to school transport

• Help to prepare young people for adulthood and independent living

• Must publish anonymised comments on local offer

Personal budgets (1)

• LA must prepare a personal budget if asked to do so by the parent or young person

Personal budgets (2)

• If declined must set out reasons in writing and provide opportunity for review

• Decisions about health remain the responsibility of the CCG. If declined a reason must be given

Mediation (1)

Where the appeal is not just about the name

or type of school/placement and no

school/placement is named (i.e. old Part 4 appeal),

an appeal can only be made where a

mediation advisor issues a certificate s52

Mediation (2)

• Mediator must be independent in all three areas – education, health and social care ss53 & 54

• Definition of independent – not employed by LA, clinical commissioning group or NHS Commissioning Board ss53 & 56

Appealing

• Can appeal once EHC Plan is finalised or following amendment or replacement s51(3)

• Must appeal within two months of decision

• Must consider mediation for most appeals

Powers of First Tier Tribunal

• FTT can dismiss, order (re)assessment, order LA to make and maintain EHC Plan

• New power to refer case back to LA to reconsider

• LA must take action within two weeks of order

Potential problems

• Integration of education, health and social care

• Funding issues – who will fund areas such as OT, PT, SLT?

• Direct payments – amount. Schools to agree

• No set format for EHC plan

• Over 16s able to bring own appeal

Conclusion

An EHC Plan with not much

health and social care...

Thank you – any questions?

Laxmi Patel0800 8840 723 / 0118 959 7711advice@sensolicitors.comwww.sen-solicitors.com