Provides statutory guidance on duties, policies and procedures

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MARIA LANDY INTRODUCES THE SPECIAL EDUCATIONAL NEEDS AND DISABILITY CODE OF PRACTICE: 0-25YEARS – FROM 2014 Statutory guidance for organisations who work with and support children and young people with special educational needs and disabilities

Marialandy.co.uk - Introduces the latest SEN&D Code of Practice

Maria Landy - www.marialandy.co.uk - Introduces the latest SEN&D Code of Practice

2PROVIDES STATUTORY GUIDANCE ON DUTIES, POLICIES AND PROCEDURES

Relates to Part 3 of the Children and Families Act 2014

Applies to England Where it says MUST it means MUST and refers

to statutory requirements under primary legislation - law

11 sections 276 pages Useful appendices Glossary of terms Excellent references with internet links –

suggest have A LOOK!


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MAIN CHANGES FROM THE SEN CODE OF PRACTICE (2001) TO THIS CODE 2014

Covers 0-25 and includes disabled as well as those with SEN

Focus on greater participation of children and young people

Stronger focus on high aspirations and on improving outcomes

Joint planning to commission services between education, health and care

Includes guidance on publishing a Local Offer


4MAIN CHANGES FROM THE SEN CODE OF PRACTICE

(2001) TO THIS CODE 2014

A graduated approach to identifying and supporting pupils and students with SEN – (to replace School Action and School Action Plus) You will still need good data – SEN register – evidence of interventions – provision maps- SMART targets plus tracking and analysis of progress to achieve agreed outcomes

For more complex a co-ordinated assessment process and the new 0-25 Education, Health and Care Plan – ECH plan – replaces Statements and LDAs – Learning Difficulty Assessments

Greater focus on Transitions > relevant duties under the Equalities Act 2010 and relevant provisions of the Mental Capacity Act 2005


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TRANSITIONAL ARRANGEMENTS – CHANGEOVER FROM 1/9/14 – OVER THE NEXT 3 YEARS – FOCUS ON TRANSITIONS

Expected that all those with Statements will be transferred to an EHC plan similarly those with a LDA

Provisions for those in Youth Custody will not come into force until April 2015

Page 15 defines SEN and includes LDD Page 16 defines disability – “long term” is defined

as a year or more and includes – sight, hearing, long term conditions such as asthma, diabetes, epilepsy and cancer


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SCHOOLS MUST HAVE ACCESSIBILITY PLANS AND PUBLISH THEM, UPDATING ANNUALLY

All schools MUST publish accessibility plans setting out how they plan to increase access for disabled pupils to the CURRICULUM, the PHYSICAL ENVIRONMENT and to INFORMATION – see pages 17 and 106&107

MUST publish information about admission arrangements

This is part of the “information required “ to be published under the Children and Families Act 2014


7 PRINCIPLES UNDERPINNING THE SEN&D CODE OF PRACTICE

Local Authorities MUST have regard to:

The views, wishes and feelings of the child or young person, and the child’s parents

Participating as fully as possible in decisions – provided with information and support to enable participation and decisions

To help them achieve the best possible educational and other outcomes, preparing them effectively for adulthood

May need an advocate – page 22 The legal test of when an EHC plan is needed remains the

same as that for a statement under Education Act 1996 – page 23


8THE LOCAL AUTHORITIES LOCAL OFFER – PAGES 59-77

Local authorities MUST set out in one place information about provision they expect available across education, health and social care – it has two key purposes:

1) To provide clear, comprehensive, accessible and up-to-date information about the available provision and how to access it, and

2)To make provision more responsive to local needs and aspirations by directly involving disabled children and young people and hose with SEN and their parents with service providers in its development and review – page 60


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THE LOCAL OFFER SHOULD BE:1. COLLABORATIVE2. ACCESSIBLE3. COMPREHENSIVE4. UP TO DATE5. TRANSPARENTWhen organising participation events for young people the LAs should endeavour to ensure full accessibility by considering:

1) 1) The timing 2) the transport 3) physical accessibility 4) accessibility of content and 5) age appropriateness – page 63

2) It should be “you said, we did” – see para 4.25


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THE LOCAL OFFER SHOULD COVER –UNIVERSAL, TARGETED AND SPECIALIST SERVICES

Universal – available to all

Targeted – short-term

Specialist – long-term

Plus access to independent advice and support to manage for example a Personal Budget

Arrangements for complaints, mediation, disagreement resolution and appeals


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CHAPTER 5 – EARLY YEARSCHAPTER 6 – SCHOOLSCHAPTER 7- FURTHER EDUCATIONEach chapter starts with what it covers and lists the relevant legislation

The role of the SENCO

Record keeping and funding for SEN Support


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EVERY SCHOOL IS REQUIRED TO: SEE PAGES 91 AND 92 OF CHAPTER 6 – PLUS PAGES 106 AND 107 PUBLISHING INFORMATION: THE SEN INFORMATION REPORT AND THE DRAFT SEN&D POLICY IN THE USEFUL INFO SECTION OF MY WEBSITE FOR YOUR WEBSITE

Governors and Proprietors required to publish SEN &D information – see Chapter 6 starts page 91

Although mainly referring to mainstream schools important aspects and duties apply to Special Schools too especially the duty to publish an SEN Information Report – see pages 106 and 107 which must be updated annually


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CHAPTER 8 – PREPARING FOR ADULTHOOD FROM THE EARLIEST FOCUS ON OUTCOMES

Strategic planning for the best outcomes in adult life – careers advice – transition – packages of provision and support para 8.42

Para 8.4 “estimates that supporting one person with a learning disability into employment could, in addition to improving their independence and self-esteem, increase that person’s income by between 55 and 95 per cent. Para 8.37 – “job carving” and 8.39 “micro- enterprise”

Equipping a young person to live in semi- independent rather than fully supported housing could, in addition to quality of life improvements, reduce lifetime support costs to the public purse by around £1 million.

Emphasis on support for those with Health conditions, Mental Health conditions or learning difficulties such as Dyslexia into higher education - para 8.46 also see para 8.66 re SENCO duty re the Autism Strategy


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EDUCATION, HEALTH AND CARE NEEDS ASSESSMENTS AND PLANS – CHAPTER 9 PAGES 141- 207

This chapter covers the key stages of statutory assessment and planning and preparing the EHC plan - it includes:

When a Local Authority must carry out an EHC needs assessment

Who must be consulted and provide advice

The statutory steps required by the process including the timescales

How to write an Education Health and Care Plan

Requesting a particular school, college or other institution

Requesting and agreeing Personal Budgets, including sources of funding

Finalising and maintaining an EHC plan plus transferring, reviewing. re-assessing, disclosing and ceasing an EHC plan


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EHC PLANS – FORMAT AGREED LOCALLY BUT MUST INCLUDE SECTIONS A TO K AND BE LABELLED.

Tell us once! Shared information and combined meetings expected to help families!

Look at page 154 – a diagram of the timescales

Read page 161 – the EHC plan must include sections A to K and these MUST be separately labelled from each other

Read pages 164 to 169 for what to include in each section of the EHC plan


16CONTENT OF EHC PLANS – SECTIONS A TO F

Section A: The views, interests and aspirations of the child and his or her parents or young person.

Section B: The child or young person’s special educational needs.

Section C: The child or young person’s health needs which are related to their SEN.

Section D: The child or young person’s social care needs which are related to their SEN or a disability.

Section E: The outcomes sought for the child or the young person. This should include outcomes for adult life...and

the setting of shorter term targets Section F: The special educational provision required


17CONTENT OF EHC PLANS G-K

Section G: Any health provision reasonably required Section H1: Any social care provision which MUST be

made Section H2: Any other social care provision reasonably

required to meet eligible needs Section I:The name and type of school or institution Section J:Where there is a Personal Budget, the details

of how it will support the particular outcomes and the provision it will be used for

Section K: The advice and information gathered – appendices must be attached and listed.


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CHAPTER 10 – CHILDREN AND YOUNG PEOPLE IN SPECIFIC CIRCUMSTANCES HIGHLIGHTS PARTICULAR GROUPS>

Looked after children

Care leavers

Those with social care needs including children in need

Children and young people educated out of area

Children and young people educated at home

Children and young people in alternative provision

Children and young people in youth custody

Children of service personnel

A holistic assessment – explicit in “Working Together to Safeguard Children 2013 – find on the GOV. UK website – Chapter 10 – pages 208-231


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CHAPTER 11 – PAGES 232 – 261 RESOLVING DISAGREEMENTS – SEE PAGE 252

See the grids on Pages 234 and 235 – avenues for complaint and redress Focus on early resolving of disagreements Explains the independent disagreement resolution arrangements that

Las must make available across educational, health and care provision in relation to ECH plans

Explains independent mediation arrangements which can be used before First-tier Tribunal

Describes the conditions for appealing to the Tribunal or making a disability discrimination claim

Describes other complaints procedures including health and social services complaints procedures


20ANNEX1: MENTAL CAPACITY – PAGES 262 -264

The Mental Capacity Act 2005 sets out five key principles: 1) it should be assumed that everyone can make their own

decisions unless it is proved otherwise 2) A person should have all the help and support possible to

make and communicate their own decision before anyone concludes that they lack capacity to make their own decision

3) A person should not be treated as lacking capacity just because they make an unwise decision

4) Actions or decisions carried out on behalf of someone who lacks capacity MUST be in their best interests

5) Actions or decisions carried out on behalf of someone who lacks capacity should limit their rights and freedom as little as possible


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HAS THE PERSON GOT MENTAL CAPACITY OR NOT? ASK!

In determining whether someone is able to make a decision ask these four key questions:

1) Can they understand information relevant to the decision- including understanding the likely consequences of making, or not making the decision?

2) Can they retain this information for long enough to make the decision?

3) Can they use and weigh the information to arrive at a choice? 4) Can they communicate their decision in any way?

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ANNEX 2 : IMPROVING PRACTICE AND STAFF TRAINING IN EDUCATION SETTINGS PAGES 265-266 PLUS GLOSSARY OF TERMS - 267 - 275 AND DETAILED REFERENCES 276- 281

Organisations listed are working with funding from the Department of Education to support the reforms to the SEN system.

Suggest you spend time looking and linking to the internet links on pages 265, 266 and pages 276 to 281



23WHAT DO YOU NEED TO DO?

Train yourselves, your staff and governors about the changes

Ensure your SENCO and Special Needs Governor(s) are well informed

Help your pupils, parents and carers through the new process

Work with trans- agency partners – especially Health and Social Care

Ensure you are included in the Local Authorities Local Offer and that what it says you provide is correct and up to date


24WHAT DO YOU NEED TO DO?

Update your SEN policy in line with this new Code of Practice – see the draft policy on my website – useful information section as a basis

Ensure your Accessibility Plan is reviewed and up to date in line with the Equalities Act

Prepare for the new Education Health and Care Plans – look up page 6 of the Transitional arrangements document which tells you to focus on those pupils who are making transitions in year 6, 9 and 11 and those moving Local Authorities

The changeover from statements to EHC plans will be phased in over the next 3 and a half years


25WEBSITE SUMMARY – INFORMATION MUST INCLUDE –>

How the school meets a range of SENs How the school identifies and assesses SEN The name and contact details of the SENCO

(mainstream schools) How the school works with parents The curriculum offer for SEN pupils and

how the school differentiates


26WEBSITE SUMMARY- INFORMATION MUST INCLUDE

An example of the school’s provision map for supporting the needs of pupils with SEN

The school’s approaches to teaching and learning for pupils with SEN

Links to relevant policies – SEN, Single Equality Scheme (disability, discrimination & equality) Accessibility, Medical (including responsibility for individual Health Care Plans for pupils with Medical conditions)

Arrangements for engaging with pupils and parents


27WEBSITE SUMMARY

Arrangements for preparing for transition Expertise and training of staff Engaging with the wider curriculum, for example

sports or arts provision Pastoral care for pupils with emotional and social

SENs Arrangements for pupils with SEN who are Looked

After Children Links with external agencies


28WEBSITE SUMMARY

Who to talk to regarding SEN How to make complaints How the school contributes to the Local Authorities

Local Offer a) Weblink to the Las Local Offer for accessibility of

information for parents and carers b) How parents and young people can request an

assessment for an EHC plan c) Arrangements for travel to and from schools,

post-16 institutions and early years providers


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MARIA LANDY WWW.MARIALANDY.CO.UK

I have designed this introduction presentation to the new SEN&D Code of Practice 0-25 years in England from September 2014 onwards to be read in conjunction with the Code itself.

I do hope you find it useful.

Documents

Provides statutory guidance on duties, policies and procedures